Purpose
This policy sets out how Devon County Council fulfils its statutory duty under Section 19 of the Education Act 1996 to arrange suitable education for children of compulsory school age who are unable to attend school due to:
- illness (including physical and mental health needs)
- permanent exclusion
- other circumstances where attendance is not reasonably practicable
It provides a clear and consistent framework for:
- identifying when the Section 19 duty applies
- arranging suitable, timely and appropriate education
- supporting children and young people to remain engaged in learning
- planning for reintegration into suitable long-term education
This policy supports a proportionate, inclusive and safeguarding-led approach, ensuring that all children receive suitable education without unnecessary delay.
Devon’s approach to Section 19 provision
Devon County Council adopts a child-centred, inclusive and needs-led approach to fulfilling its duties under Section 19 of the Education Act 1996.
Wherever possible, children and young people should be supported to remain in, or return to, a suitable school placement. Section 19 provision is used where it is not reasonably practicable for a child to attend school and would not receive suitable education without Local Authority intervention.
This means:
- early intervention to prevent loss of education
- decisions that are timely, proportionate and based on individual need and risk
- provision that is tailored to the child or young person’s circumstances
- strong partnership working with families, schools and partner agencies
- clear planning, from the start, for reintegration into suitable long-term education
2.1. Different pathways under Section 19
Devon County Council recognises that Section 19 applies in different circumstances, which require distinct approaches:
- Permanent exclusion (PEx): Devon County Council has an immediate statutory duty to arrange suitable full-time education from the sixth school day following a permanent exclusion (and from the first day for children in care).
- Illness (including mental health): Devon County Council will consider whether a child is unable to attend school due to health needs and would not otherwise receive suitable education. Decisions are based on available evidence and individual circumstances.
- Other circumstances (‘otherwise’): Devon County Council will consider whether it is not reasonably practicable for a child to attend school for reasons other than illness or exclusion, and whether suitable education is otherwise unavailable.
2.2. Principles of Section 19 provision
Provision arranged under Section 19 will be:
- time-limited and outcome-focused
- aimed at maintaining engagement in education
- regularly reviewed to ensure it remains appropriate
- designed to support reintegration into suitable education at the earliest opportunity
Section 19 provision is not intended to replace school-based education other than where this is not reasonably practicable.
2.3. Our approach in practice
In delivering the expectations set out in this policy, all partners will apply Devon’s Four Cornerstones.
These principles describe how services, schools and professionals should work with children, young people and families in practice.
- Welcome and care – Ensuring children and families feel safe, supported, and able to engage, particularly at times of change, challenge, or vulnerability.
- Value and include – Recognising individual needs, promoting belonging, and removing barriers so all children can access and benefit from education.
- Communication – Sharing information clearly, consistently, and transparently, and ensuring that children and families are listened to and understood.
- Work in partnership – Working collaboratively across schools, services, families, and partners to take shared responsibility for outcomes and ensure coordinated support.
These principles underpin how statutory duties and expectations are delivered, ensuring that practice is inclusive, relational, and focused on achieving the best possible outcomes for children and young people.
3. Scope
This policy applies to:
- children and young people of compulsory school age who are unable to attend their educational setting and may require provision under Section 19 of the Education Act 1996
- children and young people who are on roll at a school, including maintained schools, academies, independent schools and special schools
- children and young people who are not on roll at a school and may not be receiving suitable education
This policy applies to the actions of:
- Devon County Council
- schools and educational settings within Devon
- partner agencies involved in supporting children and young people
All services and partners are expected to work in line with this policy to ensure a consistent, proportionate and safeguarding-led approach to the provision of education under Section 19.
4. Legal and statutory framework
This policy is underpinned by the following legislation and statutory guidance:
- Education Act 1996 (Section 19) – duty on local authorities to arrange suitable full-time education for children of compulsory school age who are unable to attend school due to illness, exclusion or other reasons
- Education Act 1996 (Sections 436A and 437) – duties relating to children missing education and ensuring that children receive suitable education
- Children and Families Act 2014 – duties in relation to children and young people with special educational needs and disabilities
- Equality Act 2010 – duties to ensure equality of access and to make reasonable adjustments
- Children Act 1989 and 2004 – duties to safeguard and promote the welfare of children
This policy also reflects relevant statutory guidance, including:
- Children unable to attend school for health reasons
- Suspensions and Permanent Exclusions
- Arranging Alternative Provision
- Keeping Children Safe in Education (KCSIE)
- Working Together to Improve School Attendance
Devon County Council will fulfil its duties through a proportionate, inclusive and safeguarding-led approach, ensuring that children receive suitable education without unnecessary delay.
The Local Authority will keep its policy and practice under review in line with changes to legislation and statutory guidance.
5. Key definitions
The following definitions are provided to ensure clarity and consistency in the application of this policy.
- Section 19 provision: Education arranged by the Local Authority under Section 19 of the Education Act 1996 for children of compulsory school age who are unable to attend school and would not otherwise receive suitable education.
- Suitable education: Education that is appropriate to the child’s age, ability, aptitude and any special educational needs, and which prepares the child for life in modern society.
- Permanent Exclusion (PEx): The permanent removal of a pupil from a school, following which Devon County Council has a duty to arrange suitable full-time education from the sixth school day (or from the first day for children in care).
- Illness: Physical or mental health needs which prevent a child or young person from attending school and accessing education.
- Otherwise: Circumstances, other than illness or exclusion, where it is not reasonably practicable for a child or young person to attend school and access suitable education.
- Reasonably practicable: Whether it is feasible and appropriate for a child or young person to attend school, taking into account their individual needs, circumstances and available support.
6. Roles and responsibilities
The following responsibilities set out clear expectations for Devon County Council, schools, parents and partner agencies in relation to Section 19.
Schools must:
- take all reasonable steps to support children and young people to attend and engage in education
- work in partnership with families and relevant professionals to address barriers to attendance
- implement appropriate support, including a graduated response, before considering referral for Section 19 provision
- notify the Local Authority where a child or young person is, or is likely to be, without suitable education
Where a child remains on roll, schools:
- retain overall responsibility for safeguarding
- must work with the Local Authority and any alternative provision to support engagement and reintegration
In cases of permanent exclusion, schools must:
- follow statutory exclusion processes
- provide suitable full-time education for the first five school days
- share relevant information promptly with the Local Authority
Devon County Council will:
- determine whether its duty under Section 19 is engaged (except in cases of permanent exclusion, where the duty applies automatically)
- arrange suitable education where the duty applies
- ensure that provision is appropriate, accessible and meets the child’s needs, including any special educational needs
- take a proportionate, needs-led approach to decision-making
- monitor and review provision to ensure it remains suitable and effective
- work with schools, families and partners to support reintegration into suitable long-term education, as soon as possible.
In line with statutory guidance, the Local Authority has a named senior officer with strategic responsibility for overseeing access to education for children and young people with medical needs. This responsibility is held by a senior officer within Devon County Council’s Inclusion and Learning Service.
Parents and carers
Parents and carers have a legal duty under Section 7 of the Education Act 1996 to ensure their child receives suitable full-time education.
Where Section 19 provision is in place, parents and carers are expected to:
- engage with the Local Authority, school and providers
- support their child to access and engage with the agreed provision
- participate in reviews and planning for reintegration
Partner agencies should:
- work collaboratively with the Local Authority and schools
- share relevant information to support assessment and planning
- contribute to multi-agency decision-making where required
- support the child or young person to engage with education and progress
7. When the Section 19 duty applies and decision-making
Devon County Council will consider its duty under Section 19 of the Education Act 1996 where a child or young person of compulsory school age is unable to attend school and would not otherwise receive suitable education.
Wherever possible, schools are expected to take all reasonable steps to support attendance and inclusion before Section 19 provision is considered. Section 19 provision will not normally be considered where suitable education can reasonably be provided by the school through appropriate support, intervention and use of available resources.
7.1. Permanent Exclusion
Where a child or young person is permanently excluded from school:
- the Local Authority has a statutory duty to arrange suitable full-time education
- this duty applies from the sixth school day following exclusion (or from the first day for children in care)
- the duty applies automatically and does not require a referral or assessment process
Provision will be arranged without unnecessary delay, in line with statutory guidance.
7.2. Illness (including mental health)
Devon County Council will consider whether its Section 19 duty applies where a child or young person is:
- unable to attend school due to physical or mental health needs; and
- would not otherwise receive suitable education without Local Authority intervention
This will normally include where a child or young person is, or is expected to be, absent for a prolonged period, including where absence reaches or is expected to reach 15 days or more, whether consecutive or cumulative. The length of absence is one factor in decision-making and does not, in itself, determine whether the Local Authority’s duty is engaged.
In determining whether the duty applies, Devon County Council will:
- consider available information from schools, parents and relevant professionals
- consider whether appropriate support and reasonable adjustments have been implemented by the school
- take account of medical advice where available
The presence of medical evidence does not automatically indicate that a child or young person is unable to attend school. Medical evidence, including advice from GPs or other health professionals, does not in itself determine whether the Local Authority’s duty under Section 19 is engaged.
Devon County Council will make its own decision based on the overall evidence, including whether it is reasonably practicable for the child or young person to attend school and whether they would otherwise receive suitable education.
7.3. Other circumstances (‘Otherwise’)
The Local Authority will consider its duty where:
- it is not reasonably practicable for a child or young person to attend school for reasons other than illness or exclusion and;
- suitable education is not otherwise available
This may include situations such as:
- placement breakdown
- safeguarding concerns
- delays in securing a suitable school place
The Local Authority will assess each case individually, considering:
- whether suitable education can be accessed within the current school
- whether appropriate support has been implemented
- whether alternative arrangements are required to prevent loss of education
7.4. Principles of decision making
In all cases, Devon County Council will:
- take a proportionate and risk-based approach
- consider the child or young person’s individual needs and circumstances
- take account of the views of the child and their family where possible
- work with schools and partner agencies to gather relevant information
Devon County Council will act where it determines that the legal threshold is met, namely that, without intervention, the child would not receive suitable education.
Expectations of Section 19 provision
Where Devon County Council determines that its duty under Section 19 applies, the Local Authority will arrange provision that is suitable, timely and responsive to the needs of the child or young person.
8.1. Control and commissioning of provision
Provision arranged under Section 19:
- is commissioned and arranged by Devon County Council
- will be delivered through approved and quality-assured provision, including commissioned services
- is not determined by parents or schools
Decisions about the nature of provision, including the type, provider and structure of education, rest with the Local Authority.
Requests or preferences expressed by parents or schools will be considered, but the Local Authority is responsible for determining the most appropriate provision.
8.2. Nature and quality of provision
Provision will be:
- appropriate to the child’s age, ability, aptitude and any special educational needs
- full-time, unless a reduced offer is in the child’s best interests
- delivered as quickly as possible to minimise disruption
- tailored to the child’s individual needs and circumstances
Provision will:
- support engagement in education
- promote progress in learning
- support wellbeing and stability
Provision may include a range of arrangements, including:
- commissioned Alternative Provision
- medical or specialist settings
- tuition or blended approaches
8.3. Direction and review
Section 19 provision is intended to be:
- time-limited
- focused on achieving clear educational and reintegration outcomes
It is not intended to be a long-term alternative to school-based education, except where this is not reasonably practicable.
Provision will be:
- regularly reviewed
- adapted in response to need and progress
Devon County Council will take action where provision is no longer appropriate to ensure that the child continues to receive suitable education.
9. Children with Special Educational Needs and Disabilities (SEND)
Devon County Council recognises that children and young people requiring provision under Section 19 may have special educational needs and/or disabilities (SEND).
Where a child or young person has identified or emerging SEND, Devon County Council will ensure that:
- provision takes account of the child or young person’s individual needs
- reasonable adjustments are made to support access to education
- Section 19 arrangements align with SEND processes and do not replace or delay assessment or provision
Where a child or young person has an Education, Health and Care Plan (EHCP), Devon County Council will:
- continue to secure the provision specified in the EHCP
- ensure Section 19 provision, as far as is reasonably practicable, reflects the child or young person’s assessed needs
Section 19 provision does not replace the Local Authority’s statutory duties under the Children and Families Act 2014.
Devon County Council will not use Section 19 provision as a long-term alternative to a suitable school placement where needs arise primarily from special educational needs or disabilities.
Where a child or young person with SEND is unable to attend school, Devon County Council will:
- consider whether it is reasonably practicable for the child to attend their current placement with appropriate support and adjustments
- take steps to secure a suitable long-term placement where needs cannot be met
- use Section 19 provision on an interim, time-limited basis where necessary to ensure the child does not miss education
All provision will be regularly reviewed and aligned with SEND processes to ensure that children and young people are supported to access suitable long-term education.
10. Safeguarding
Devon County Council is committed to safeguarding and promoting the welfare of all children and young people, including those receiving education under Section 19 of the Education Act 1996.
Children who are not accessing education in a school setting may be more vulnerable. Safeguarding must remain a central consideration in all decisions relating to Section 19 provision.
10.1. Safeguarding responsibilities
Devon County Council will:
- ensure that safeguarding considerations inform all Section 19 decisions
- share relevant information with other services, including Children’s Social Care, SEND and Health
- take proportionate action where safeguarding concerns are identified
- make referrals to Children’s Social Care where appropriate
Where a child or young person remains on the roll of a school:
- the school retains overall safeguarding responsibility
- Devon County Council will work in partnership with the school and providers to ensure appropriate safeguarding arrangements are in place
Where a child or young person is not on roll:
- Devon County Council will ensure appropriate safeguarding oversight is maintained
10.2. Responding to concerns
Where safeguarding concerns are identified:
- immediate action must be taken in line with safeguarding procedures – If a professional has a concern about the risk of harm to a child, an immediate referral should be made to the Front Door as per Devon’s safeguarding and child protection procedures.
The Front Door, P.O Box 723, Exeter, EX1 9QS.
0345 155 1071
mashsecure@devon.gov.uk
Emergency Duty Team (out of hours): 0845 6000 388
- concerns must be escalated without delay
- multi-agency working will be initiated where required
The Local Authority may, where appropriate:
- arrange contact with the child or young person
- convene multi-agency meetings
- take further action to ensure the child is safe and receiving appropriate support
Section 19 provision must not prevent or delay safeguarding action. Children receiving education under Section 19 remain subject to safeguarding consideration at all times.
11. Related policies
This policy should be read alongside the following policies and guidance, which support a consistent and safeguarding-led approach to ensuring that all children receive suitable education:
- Safeguarding and Child Protection Policy
- Working Together to Improve School Attendance Policy
- Children Missing Education Policy
- Alternative Provision (AP) Policy
- SEND Code of Practice
These documents set out additional responsibilities and processes which must be considered alongside this policy.
12. Governance, reporting and review
Devon County Council will maintain oversight of Section 19 provision to ensure that practice is consistent, timely and effective, and that children and young people receive suitable education where they are unable to attend school.
This will include:
- monitoring the use of Section 19 provision across Devon
- reviewing the timeliness and appropriateness of provision
- analysing data to identify patterns, trends and areas for improvement
- ensuring that safeguarding and educational risks are identified and responded to
Devon County Council will report through appropriate governance arrangements to support system oversight, safeguarding and continuous improvement.
Where concerns are identified, appropriate action will be taken, including:
- reviewing individual cases and provision arrangements
- working with schools and providers to improve outcomes
- coordinating with partner agencies where required
- using statutory powers where necessary to ensure suitable education is in place
This policy will be:
- reviewed annually to assess its implementation and impact
- formally reviewed every three years, or earlier where required in response to changes in legislation, statutory guidance or identified risks
July 2026