Under Section 19 of the Education Act 1996, we must arrange suitable education for children who cannot attend school.
Section 19 of the Education Act 1996 requires local authorities to make arrangements to provide "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 suitable education unless such arrangements are made for them". Suitable education is defined as "efficient education suitable to the age, ability, aptitude and to any special educational needs", the child (or young person) may have.
The education must be full time unless the local authority determines that it would not be in the best interests of the child or young person, due to their mental or physical health.
The Department for Education Alternative Provision Statutory Guidance 2013 (updated 2016) states: ‘Local authorities are responsible for arranging suitable education for permanently excluded pupils, and for other pupils who – because of illness or other reasons – would not receive suitable education without such arrangements being made.’
This applies to all children of compulsory school age resident in the local authority area, whether or not they are on the roll of a school, and whatever type of school they attend. Full-time education for excluded pupils must begin no later than the sixth day of the exclusion.
It should be noted that this duty is for educational provision. Planning should include recommendations for appropriate referrals to partners for safeguarding, wellbeing and therapeutic support.
The Department for Education guidance ‘Ensuring a good education for children who cannot attend school because of health needs 2013’ requires local authorities to provide education for children who cannot attend education because of their medical condition*.
* Please note that for the purpose of this policy, the term ‘medical condition’ also refers to mental health conditions.
Section 7 of the 1996 Education Act states that parents/carers must ensure that children of compulsory school age receive efficient full-time education suitable to a) their age, ability and aptitude, and b) to any special educational needs they may have, either by regular attendance at school or otherwise.
The Equality Act states: ‘Some complex and/or long-term health issues may be considered disabilities under equality legislation. This legislation provides that local authorities must not discriminate against disabled children and are under a duty to eliminate discrimination, foster equality of opportunity for disabled children and foster good relations between disabled and non-disabled children.’
Good alternative provision is that which appropriately meets the needs of pupils which require its use and enables them to achieve good educational attainment on a par with their mainstream peers.
Wherever possible, Alternative Provision placements will be with OFSTED registered settings and provisions. This will include those online provisions assessed by OFSTED
Torbay’s schools and the local authority work in close partnership to offer pupils and families early help to reduce the need for exclusion.
Only a head teacher can exclude a pupil and must tell the pupil’s parent or carer, in writing, how long the exclusion is for and the reasons for it. (For exclusions or longer suspensions, the school governing body will also consider the head teacher’s decision to exclude). While they are excluded the pupil is not allowed to attend their school, enter the school grounds or use school transport services.
It is important that pupils continue to have access to learning during their exclusion so that they continue to make progress and achieve. Schools should provide work for the first 5 school days of any exclusion. Parents and carers are responsible for ensuring that their children are supervised during school hours on these days and complete the work which has been set. This will ensure that they will have the best chance to keep up with their learning and be less at risk of becoming involved in anti-social activities.
The school must notify the governing board and the local authority of any exclusion and of any suspension that would result in the pupil being excluded for a total of more than five school days (or more than ten lunchtimes) in a term or of any exclusion which would result in the pupil missing a public examination or national curriculum test.
From the sixth day the school or Pupil Referral Unit must inform the parent or carer what arrangements have been made for full time supervised education until the end of the exclusion period.
If a pupil has been permanently excluded, they do not return to their school and, in line with the Local Authority’s statutory duties, will receive their education from The Lodestar Academy. The school provides access to a balanced curriculum, small group teaching, specialist assessment and reintegration support to ensure that, wherever possible, pupils return quickly to mainstream schools. For some pupils the PRU will continue to provide education for a longer period. Pupils attending The Lodestar Academy will be able to sit national tests such as GCSEs and other qualifications.
Schools must provide support for their pupils with medical needs under their statutory duties as set out in ‘Supporting pupils with medical conditions at school’ (DfE, 2014). Shorter term illnesses or chronic conditions are best met by school support and resources. Such conditions that might meet this definition include short term postoperative support and periods of reduced immunity. Schools will use the graduated response to assess, meet and review the needs of their pupils. When the pupil’s medical condition becomes too complex, or the risks are too great to manage, the school should make a referral to the Torbay Medical Panel for additional support.
In line with the Section 19 duty, Torbay Council will arrange suitable fulltime education (or as much education as the child’s health condition allows) for children of compulsory school age who, because of illness, would otherwise not receive suitable education. This applies whether or not the child is on the roll of a school and whatever the type of school they attend. It applies to children who are pupils in Academies, Free Schools, special schools and independent schools as well as those in maintained schools.
Torbay local authority has a continuum of provision for children and young people with medical needs from the Medical Tuition Service, Alternative Provision and within mainstream settings. This includes outreach support to schools, home tuition, tuition in community venues close to the pupil’s home, AVI telepresence ‘robot’ supported learning and provision at the Parkfield site.
The following documents are available on request:
To request copies of these documents, please email prp@torbay.gov.uk