General information and contacts
Date determined: September 2025
Date published: 29 September 2025
Review date: September 2026
Approval: Jack Newton and Kellie Knott
Author: Senior Policy Officer schoolsadmissionpolicy-mailbox
Key partners:
- Devon School Leadership Services
- Devon Association of Governors
- Church of England Dioceses of Exeter and Salisbury
- Roman Catholic Diocese of Plymouth
Contacts:
- Emma Phillips, Devon Virtual School Headteacher emma.phillips@devon.gov.uk
- Jim Barnicott jim.barnicott@devon.gov.uk
- Andrew Brent, Senior Policy Officer andrew.brent@devon.gov.uk
1. Introduction
This is Devon’s policy and process to support children who, by reason of illness, exclusion from school or otherwise, may not receive suitable education unless arrangements are made for them, under Section 19 of the Education Act 1996.
1.1. Section 19 (S19) of the Education Act 1996 places a duty on local authorities (LA) to:
‘Make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive a suitable education unless such arrangements are made for them.’
‘Local authorities are responsible for arranging suitable full-time education* for permanently excluded pupils, and for other pupils who – because of illness or other reasons – would not receive suitable education without such provision. This applies to all children of compulsory school age who are residents in the local authority area, whether they are on the roll of a school, and whatever type of school they attend.’
Defined in 2023 statutory guidance as ‘where possible, equivalent to the education they would receive in a mainstream school.’
1.2. This policy and process sets out Devon County Council’s (DCC) approach to meeting the needs of Children for whom it has a legal responsibility to provide an education, but who for reasons relating to illness, exclusion or otherwise experience barriers to accessing a full and suitable education offer, despite DCC’s Graduated Pathway having been mobilised and reasonable adjustments required under the Equality Act 2010 being exhausted.
1.3. The Department for Education’s (DfE) Alternative Provision statutory guidance for local authorities’ states:
‘The term ‘suitable education’ is defined as efficient education suitable to the child’s age, ability, and aptitude, and to any special educational needs he or she may have. The education to be arranged by the LA should be on a full-time basis, unless, in the interests of the child, part time education is considered to be more suitable. This would be for reasons relating to the child’s physical or mental health.’
Education Act 1996 paraphrased by the Local Government Ombudsman.
1.4. It is important to recognise that Devon County Council’s responsibilities in relation to their Section 19 offer differ slightly for those with an education, health and care plan (EHCP) and for those without an EHCP. These differing responsibilities are detailed below:
Children without an EHCP
The LA where a child resides is responsible for S19.
If the child resides between different addresses in a split family, the decision is made on where the child spends most of their time and this LA has the S19 responsibilities (clarified upon notification).
If the child ordinarily resides 50/50 in 2 LAs, then both LAs can discuss and agree sharing the responsibilities for S19 provision. If an agreement cannot be reached, then the LAs can write to the Secretary of State for a decision.
Children with an EHCP
The LA who is responsible for maintaining the EHCP is responsible for maintaining their provision; this includes Section 19 provision.
Even if a school in another local authority is named, the LA responsible for maintaining the EHCP is responsible for the Section 19 provision*.
*Devon Local Authority is following the Guidance in Annex 3, Section 18 of the 2023-24 High Needs Operational Guidance. The guidance in Section 18.1 states:
‘When a local authority places a looked after child with an EHC plan in another local authority’s area (for example, with foster parents), the local authority where the looked after child lives (is wholly or mainly resident) becomes responsible for maintaining their EHC plan (including paying any top-up funding), in the same way as any child or young person who moves from one local authority’s area to another.’
1.5. The Section 19 duty placed on LAs and detailed in this policy relates to those of compulsory
school age – children aged 5 – 16 (from school term after a child’s 5th birthday, until last Friday in June of the school year they turn 16).
1.6. The out of school, out of sight Publication (2022) states:
‘where a child cannot go to school, the local authority must find out why.’
1.7. To support an LA’s duty (detailed in 1.5 and 1.6) the home school has duties as outlined in Regulations 13(7b) 13(9) 13(10) and 13(11) of The School Attendance (Pupil Registrations)(England) Regulations 2024 to provide to the local authority, at agreed intervals, the full name and address of any pupils of compulsory school age who are not attending school regularly (including due to their health needs). By following the processes in this policy, the home school will have met these duties – Regulation 13(8) of the above regulations.
1.8. The Education Act 1996 also places a duty on schools to provide education in the interim period while an assessment of need is undertaken to inform the LA’s Section 19 offer, this should be provided through remote education provision or other means as a soon as reasonably practicable.
1.9. Where the Local Authority offers (based on an assessment of need) an alternative education that it deems to be reasonably practicable for that child it is not under a duty to provide further alternative education because the child is not taking advantage of that facility. Parents should be aware that it is their duty under Section 7 of the Education Act 1996, to secure an education for children of compulsory school age, which in this circumstance is available.
2. The Section 19 offer in Devon
2.1. This section provides an overview of Devon’s offer for children who require a S19 response under the three identified categories of:
- permanent exclusion
- illness
- otherwise
Permanent exclusion
2.2. ‘If a child has been permanently excluded from school, the council must arrange alternative education from the sixth school day following the exclusion, although it may start sooner’. Local Government and Social Care Ombudsman ‘Out of School, Out of Sight?’ (2022). Also referred to in DfE’s Alternative Provision Statutory guidance for local authorities.
2.3. Provision of education for permanently excluded pupils is ordinarily overseen and/or delivered by Wave Multi Academy Trust (Wave) the Local Authority’s alternative provision provider. Wave provides a county-wide service.
2.4. Wave is commissioned to arrange and provide a suitable education, which includes tailored to the individual needs of the children and young people. It is critical that mainstream schools provide Wave with detailed information about the needs of the child and the support that has already been put in place through ordinarily available inclusive provision (OAIP).
2.5. Following permanent exclusion, Wave, supported by the Local Authority and wider agencies, is responsible for enabling the children to reintegrate back into a sustainable education place.
In exceptional circumstances where a child, in receipt of an EHCP is excluded from a specialist education provision, and where Wave are unable to meet the specific needs identified in that child’s EHCP without additional support; the Education and Statutory teams will work closely with the excluding school and Wave to put in place an interim education offer.
Illness
2.6. Schools in Devon should read this policy alongside the statutory guidance for ‘Supporting pupils at school with medical conditions’ 2015, the Children and Families Act 2014 and the SEND Code of Practice 2015, which highlight their legal duty to ‘support pupils with medical conditions’. Prior to requesting that Devon County Council considers the need for alternative education provision for a child with identified needs relating to illness, schools should refer to their own medical needs policy (as required by the statutory guidance) and consider seeking advice from health professionals, including (where other avenues have been exhausted) Devon’s Designated Clinical Officer (Paul Leach) d-icb.send@nhs.net.
2.7. ‘If a child is unable to attend school because of illness), the council must make alternative arrangements once the child has been absent for 15 days, either consecutively or cumulatively. The council must consider the individual circumstances of each child and take account of any medical evidence or advice when deciding what arrangements to make.’ Local Government and Social Care Ombudsman ‘Out of School, Out of Sight?’ 2022
2.8. In Devon we have grouped children requiring a Section 19 response under the category of illness, ensuring that we adhere to the statutory guidance ‘Arranging education for children who cannot attend school because of health needs’ (2023). In relation to this cohort of children, DCC adopts an agile response to understanding needs and reaching a decision point as required by DFE guidance:
‘LAs must not follow an inflexible policy of requiring medical evidence before making their decision about alternative education. LAs must look at the evidence for each individual case, even when there is no medical evidence, and make their own decision about alternative education.’
Responsibilities where mental health issue is affecting attendance (Feb 2023).
2.9. Group 1 is applied for those children whose profile is suitable for Devon Hospitals Short Stay School (DHSSS) or Torlands Academy. Group 2 is for those children whose needs would not be met by the offer at DHSSS or Torlands Academy but whose medical needs still prevent them from being able to access education. Schools are able to refer children for consideration under Illness Group 1 and 2.
Illness Group 1 – Devon Hospitals Short Stay School (DHSSS) and Torlands Academy
2.10. DHSSS and Torlands Academy are short-term medical Pupil Referral Units (PRU) providing teaching and support for children of compulsory school age who reside in Devon who, due to illness, require suitable alternative arrangements for their education whilst unwell. This may be following an admission onto the children’s wards at Royal Devon University Healthcare (RDUH) in Exeter or Barnstaple or through a referral by a paediatrician or Child and adolescent mental health Services (CAMHS) professional to the Section 19 medical/illness panel.
2.11. DHSSS and Torlands Academy have a clear admissions criteria which requires the completion of an online referral by both the healthcare professional and school (see section 3.5).
Illness Group 2
2.13. Where a child is referred by a school, due to ongoing illness that is acting as a barrier to a child accessing education that may or may not be supported by a medical professional, DCC will work closely with multi-agency professionals to ascertain the most appropriate support.
2.14. As part of this process, DCC will consider the individual circumstances of each child including how the host school has provided support through a graduated approach: Ordinarily Available Inclusive Provision and what reasonable adjustments have been put in place to support the child to attend school, such as a reduced timetable or access to pastoral support. DCC will also consider any medical evidence or advice when deciding what arrangements are required to fulfil a suitable education.
Illness Group 1 and 2
2.15. Where arrangements are made for Alternative Education Provision (AEP) by DCC, the host school will be required to work closely with the provider towards re-integration back into the school to which the child is on roll at the earliest opportunity (home school). The home school will keep the pupil on roll and retain safeguarding responsibilities.
2.16. All referrals received under the ‘Illness’ category will be considered by a range of professionals at a panel meeting to ensure DCC is adopting a flexible approach to meeting children’s needs. This could result in any referral being progressed under Illness Group 1 or 2 dependant on the individual needs of the child.
Otherwise
2.17. ‘Otherwise’ is a broad category which covers circumstances other than illness or exclusion in which it is not reasonably possible for a child to take advantage of any existing suitable schooling.
‘In all cases, councils must consider the individual circumstances of each particular child and be able to demonstrate how they made their decisions. They must take account of all available evidence and record the reasons for their decisions. They may need to make decisions in cases where they do not have all the evidence they would like.’
Local Government and Social Care Ombudsman ‘Out of school, out of sight?’ (2023).
‘Otherwise’ (as opposed to illness or exclusion) is intended to cover any other situation in which it is not reasonably possible or reasonably practical for a child to access and take advantage of any existing suitable schooling. DCC will only provide education under the ‘Otherwise’ category if it assesses that it is not possible for a child to receive a suitable education at their current school. In these circumstances, it is expected that the host school would have provided support through a graduated response and that initial assessments will have taken place.
‘Otherwise’ consists of several scenarios; these include (in bold):
2.18. Scenario 1: When a child has had 10 or more continuous days of unauthorised absence – schools have a legal responsibility under Regulation 12 of the ‘Education (Pupil Registration) (England) Regulations 2006’ to make the local authority aware when a child has been absent for 10 or more continuous days of unauthorised absence, and it is anticipated that the absence will continue past 15 continuous days.
2.19. Scenario 2: Where a child has been absent for a continuous or cumulative period of 15 school days (authorised or unauthorised) and where the reason for absence is connected – Section 19 of the Education Act 1996 requires that the LA assess whether it needs to provide education for these authorised absences. A section 19 response for those children with unauthorised absence is only applicable where a school decides it is not appropriate to pursue a legal attendance route. For both authorised and unauthorised absences in scenarios 1 and 2 DCC will assess whether S19 education provision should be arranged on a case-by-case basis and will communicate with the school their decision and reason.
2.20. For scenarios 1 and 2, DCC will check that a school has looked at and put in place all other reasonable alternatives for providing a child with a suitable and full-time education, which is likely to include reasonable adjustments and alternatives such as appropriate interventions, changes to the timetable (where appropriate), and/or the provision of an alternative curriculum. DCC will only arrange education under the ‘Otherwise’ category if it is assessed that it is not possible for a child to receive a suitable education at their current school, and where arrangements are made the home school will be required to keep the child on roll and retain safeguarding responsibilities.
2.21. Scenario 3: When a child is not on a school roll and is not electively home educated – the LA has responsibility for arranging suitable education after day 15 for children who are missing education (CME). This means they are not on roll of a school and are not EHE. Parents should read this policy for a Child not on a school roll alongside DCC’s School Admissions Policy, which provides detail of how a parent/ guardian can meet their statutory duty outlined in Section 7 of the Education Act to ‘secure an education for a child of compulsory school age’. Further support or guidance can be provided by DCC’s In Year Admissions Team at inyear.admissions@devon.gov.uk.
2.22. If the LA does arrange and provide education under scenarios 1, 2 or 3, it is doing so under the guidance provided in the DfE guidance 2013 and 2023, and the provision should be short-term, with a view to the child being re-integrated at the earliest opportunity back into their home school, or for child missing education (scenario 3), being allocated a suitable and permanent school place.
2.23. Scenario 4: When a child with an EHCP isn’t receiving suitable provision – if it is inappropriate for the provision outlined in the EHCP plan to be made in a school or by a child’s parent as part of their Elective Home Education offer, the SEND Operations Service may decide to arrange and provide for a child an EOTAS (Education Other Than At School) package under S61 2014 Children and Families Act.
2.24. DCC may only arrange EOTAS provision if it is satisfied that it would be inappropriate for provision outlined in a child’s EHCP Plan to be made in school (or as part of the electively home educated offer), in consultation with a child’s parent. To determine whether it would be inappropriate for provision to made in a school, DCC will take account of the circumstances of the case which would include:
- the child’s background and medical history
- the particular educational needs of the child
- facilities that can be provided by a school and otherwise than at a school
- the comparative costs of alternative provisions
- the child’s reaction to the provisions
- the parents’ wishes
- any other particular circumstances that might apply
2.25 Scenario 5: When a child with an EHCP is not on a school roll – if a child with an EHCP isn’t on roll at a school including where a child has been de-registered from elective home education, the SEND Operations Service may decide to arrange Exceptional Provision for them under S42 2014 Children and Families Act.
3. Process for Accessing Section 19 Provision
3.1. The DfE’s Alternative Provision: Statutory guidance for local authorities states: ‘While there is no statutory requirement as to when suitable full-time education should begin for pupils placed in alternative provision for reasons other than exclusion, local authorities should ensure that such pupils are placed as quickly as possible.’
3.2. To ensure this is achieved, it is important that the LA, host school and family work together through the processes described below and in the best interests of the child. Failure of any one partner to engage fully could add delay to a decision being reached by Devon County Council.
Permanent exclusions
3.3. Where a school has taken the decision to permanently exclude (PEx) a child they should complete the PEx notification form on the day that the decision is taken to issue the exclusion. The form can be found here.
No child in care should be permanently excluded from school. Please contact Emma Phillips, Devon Virtual School Headteacher at emma.phillips@devon.gov.uk.
3.4. It is critical that the mainstream school provides detailed information about the reason for permanent exclusion, the needs of the child and the support that has already been provided. This will enable a much smoother transition to Alternative Provision.
Illness
3.5. Where a child is under the treatment of a medical professional and has been, or is expected to be absent from their host school for a period of 15 or more school days in the same academic year, the medical professional and school can consider the need to request support for Group 1 and 2 (see section 2.6-2.16) via the following link Healthcare Submission: Healthcare Submission; Request for Section 19 – Alternative Provision.
Otherwise
3.6. Where a child is not accessing a full education under the criteria laid out in this policy under the headings ‘illness’ or ‘otherwise’ for a period in excess of 15 school days for the same or linked reason in the same academic year a school can consider the need to request support from the Local Authority, please refer to the process below, which is initiated by the completion email to educate.schoolspriorityalerts-mailbox@devon.gov.uk.
Illness and otherwise
3.7. The host school will retain safeguarding and school census responsibilities for all children for whom the LA arranges alternative education provision as the sole or (main) dual registered provision. This includes exam entry responsibilities that fall under the remit of its Examinations Officer.
3.8. Where a child is eligible for free school meals the host school is responsible for ensuring that the entitlement is made available to that child, regardless of where learning is taking place. This is to be funded from the Free School Meal and Pupil Premiums that school draw down directly from the Department for Education.
*If a school is unauthorising an absence and/or believes that the legal attendance route might be needed, that school should approach their named DCC inclusion officer for a discussion before completing the Illness notification form or notifying the Otherwise inbox.
*Information is stored and shared in line with our privacy notice. DCC’s corporate privacy notices can be accessed here.
4. Section 19 Assessment
4.1. The Local Authority is responsible for assessing the unmet needs of a child that determines the requirement for Alternative Education Provision (AEP). Where it is deemed necessary the LA has a responsibility to arrange that AEP once the child has been absent for a period of 15 continuous or cumulative school days in the same academic year for the same or linked reason. In deciding what provision should be put in place, the LA will consider the child’s needs based upon appropriate assessments and any evidence provided by the host school, other professionals and the family.
4.2. DCC expects that a graduated approach has been taken for any child being referred for S19 provision. There should be evidence that a stepped support plan has been implemented, reviewed and impacts recorded. There is an expectation that a DCC officer has been actively involved to support the child, school and family. A copy of these and any other relevant documents should be attached to the school request form. This documentation is key to informing DCC’s decision about what an appropriate S19 offer should contain.
4.3 Where the child is at school, the school knows the child or family and their individual circumstances well, so the information DCC require from the school is critical for the right decision to be made. Where the child is not at school, the LA will use evidence available but may require further assessment from a range of professionals to make a decision.
4.4. The assessment undertaken by DCC legally must include the following:
- Is the child of compulsory school age?
- Would the child receive suitable education without alternative S19 provision?
- Is it reasonably possible or reasonably practicable for a child to attend school? This is an objective test with a high bar and is to be assessed by DCC. If no, then alternative education must be arranged.
- What alternative educational provision is suitable, reasonably possible, and reasonably practicable for a child to access? This is a factual question for the LA to determine and will depend on the specific facts of the case.
- If the child is a child with SEND, will the child not receive suitable education unless such alternative education arrangements are made for them? This is fact specific; the focus is on whether DCC has provided suitable education that it is reasonably possible or practicable for a child to access. This is an objective assessment, and the views of the parents are not determinative.
- Is the child unable to attend school but able to learn?
- What is their suitability for independent learning and what are the home circumstances?
- What are the child’s needs? Age, ability, aptitude, and any special educational needs. What do these suggest a suitable and efficient education needs to involve?
- How are these needs best to be met?
- What assessments have been undertaken in school and what have these identified?
- Is there a medical opinion? What is the supporting medical evidence?
- What other evidence is available and what is this suggesting?
- What is the plan for reintegrating back into school?
- Are there reasons relating to the child’s physical or mental health which would suggest that, in the interests of the child, part time education is more suitable than full time education?
- Would remote education adversely affect the child’s return to school?
- Would children with long-term medical conditions or any other physical or mental health needs affecting attendance require additional support to continue their education?
4.5 DCC will record discussions and assessments undertaken by panels or partners responsible for S19 provision decisions on a child’s Capita Pupil record and will inform the referrer of the outcome.
4.6 The host school maintains responsibility for reviewing and monitoring the progress for the child, including holding all parties accountable for their part in supporting or promoting progress that supports re-integration. The host school will be expected to organise and hold regular review meetings with the family, child and all professionals involved. These may be part of the Team Around Family (TAF), Child in Need (CIN) or Child Protection (CP) process.
4.7 Should a child’s needs or circumstances change, the host or home school, based on discussions and evidence from review meetings, can supply evidence to the Local Authority and request that provision is amended. Requests will be fully considered based on the information provided, however this will not automatically result in amended provision being made available.
4.8 The named officer responsible for the education of children with health needs is Jim Barnicott jim.barnicott@devon.gov.uk.