Hillingdon Council Cabinet Member and Officer Decisions
Hillingdon’s Section 19 Education Policy
Report Document
Can't see the PDF? Download Report
Decision / Minutes Document
No Decision PDF available.
Text extracted from PDFs
View Report Text
Democratic Services Location: Phase II DDI: 01895 250692 CMD No: 2026/1682 To: COUNCILLOR SUSAN O’BRIEN CABINET MEMBER FOR CHILDREN, FAMILIES & EDUCATION c.c. All Members of the Children, Families & Education Select Committee c.c. Julie Kelly – Corporate Director , Children’s Services c.c. Kathryn Angelini – Children’s Services Date: 01 April 2026 Non-Key Decision request Form D HILLINGDON’S SECTION 19 EDUCATION POLICY Dear Cabinet Members, Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such, the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Monday 13 April 2026 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied and return it to me when you have made your decision. I will then arrange for the formal notice of decision to be published. Ryan Dell Democratic Services Title of Report: Hillingdon’s Section 19 Education Policy Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ……………………………………………………… Date…………………….. Cabinet Member for Children, Families & Education Cabinet Member Report – 01 April 2026 Page 1 Part I – Public HILLINGDON’S SECTION 19 EDUCATION POLICY Cabinet Member & Portfolio Councillor Susan O’Brien, Cabinet Member for Children, Families & Education Responsible Officer Julie Kelly, Corporate Director for Children’s Services Report Author & Directorate Kathryn Angelini, Children’s Services Papers with report Hillingdon’s Section 19 Education Policy HEADLINES Summary The Cabinet Member is requested to consider approval of a policy setting out how Hillingdon fulfils its duty under Section 19 of the Education Act 1996 to arrange suitable education for children unable to attend school, clarifying referral, decision‑ making and commissioning arrangements. Putting our Residents First Delivering on the Council Strategy 2022-2026 This report supports our ambition for residents / the Council of: An efficient, well-run, digital-enabled council working with partners to deliver services to improve the lives of all our residents This report supports our commitments to residents of: Thriving, Healthy Households Financial Cost Demand‑led and varies year ‑on‑year with individual pupil need; gross costs are partially offset by AWPU recoupment from schools and, where applicable, DSG High Needs for EHCP provision. Select Committee Children, Families & Education Select Committee Ward All RECOMMENDATION That the Cabinet Member approves the Section 19 Education Policy. Reasons for recommendation Approval is sought to adopt the Section 19 Policy 2025/26 so the Council can discharge its statutory duty to arrange suitable education for children of compulsory school age who cannot attend school, consolidating in one place the legal framework and current DfE guidance. The policy sets out clear roles and responsibilities, a transparent referral and decision‑ making process, and six‑ weekly reviews to maintain momentum toward reintegration. It strengthens SEND alignment by reaffirming duties under Section 42 of the Children and Families Act for EHCP pupils and the requirement that provision is adapted to need. Cabinet Member Report – 01 April 2026 Page 2 Part I – Public Financially, it clarifies funding flows and offsets, including recoupment of a proportion of A ge- Weighted Pupil Unit ( AWPU) from schools where pupils remain on roll and, where applicable, DSG High Needs, supporting efficient use of public resources while meeting non‑ negotiable statutory duties. Overall, the policy provides a timely, proportionate and consistent borough‑wide offer that reduces time out of education, improves outcomes for children and families, and aligns with the Council’s commitment to put residents first. Alternative options considered/ risk management Alternative Options: • No formal policy update: Rejected because practice would remain inconsistent, with unclear roles, referral routes, and review cycles, exposing the Council to compliance and Ombudsman risk and delaying timely access to education. A consolidated policy is required to codify statutory duties and processes. • Rely solely on schools to provide education during absence (no LA‑commissioned Section 19): Rejected as Section 19 places the duty on the local authority to arrange suitable education where a child will not otherwise receive it; schools’ remote/ short‑term arrangements do not remove that duty when unsuitable or unsustainable. • Adopt a blanket, fixed‑hours model for all pupils: Rejected as legislation does not prescribe a set number of hours; provision must be needs ‑led and can be intensive in fewer hours, with six ‑weekly reviews to adjust. A fixed model would be incompatible with statutory guidance and individual need. • Use a single default provider/ setting: Rejected because the duty is to secure suitable education tailored to the child; potentially home tuition, online, hospital education or AP; with SEND adaptation where required; a single‑route model would not meet diverse needs and may be inefficient. Risk Management: • Statutory non‑compliance or inconsistent decision‑making. Risk: Without a single, codified approach, children may be handled inconsistently, creating legal exposure under Section 19 and related guidance. Mitigation: Approving the policy standardises the legal framework, roles and responsibilities, referral routes, and six ‑weekly reviews; complex/high‑ risk children route will require Panel presentation to ensure proportionate, defensible decisions. • Financial pressure from demand/ complexity. Risk: Costs are demand‑led and may vary year‑on‑year. Mitigation: Apply funding offsets; recoup a proportion of AWPU where pupils remain on roll and, where applicable, use DSG High Needs for EHCP ‑related provision; tighten commissioning and use six‑weekly reviews/re‑integration planning to right‑size packages. • Quality, safeguarding or suitability of alternative provision (AP). Risk: Variable quality or mis ‑match to need could undermine outcomes and safety. Mitigation: Commission via the AP Dynamic Purchasing System with standard SLAs and QA framework; escalate multi ‑agency risk via H illingdon Education Safeguarding Panel where needed. Cabinet Member Report – 01 April 2026 Page 3 Part I – Public • Delays in arranging provision/ loss of learning. Risk: Late starts risk non‑compliance and poorer outcomes. Mitigation: Policy expectation to start provision as soon as reasonably possible (ideally within 15 school days); triage by Attendance Support, clear pathways to panel, and time‑bound reviews to maintain momentum and reintegration focus. • School relationship risk/ dispute over responsibilities and funding flow. Risk: Disagreement about who does what and who pays can delay provision. Mitigation: The policy clarifies respective duties of schools and the LA and sets out AWPU recoup so that funding follows the child, reducing friction and delay. Democratic compliance/ previous authority N/A. Select Committee comments None at this stage. SUPPORTING INFORMATION Background and context 1. The Council has a statutory duty under Section 19 of the Education Act 1996 to arrange suitable education for children of compulsory school age who cannot attend school because of illness, exclusion or other reasons. 2. National guidance across Alternative Provision, suspensions and exclusions, children missing education, attendance, medical needs and remote education has been refreshed, and the Ombudsman has reiterated expectations on timeliness, suitability and record‑keeping for children out of school. 3. Locally, casework has highlighted variability in referral pathways, decision recording and the cadence of reviews and reintegration planning, creating risks of delay, inconsistency and challenge. 4. This policy consolidates the legal framework and current guidance into a single operating model, standardises roles and referral routes, strengthens assurance, and clarifies funding flows so gross costs in a demand‑led service are partly offset while statutory entitlements are secured. Purpose and scope 5. The policy defines a single borough‑wide approach to delivering suitable education that is timely, proportionate to individual need and consistently focused on reintegration. Cohorts covered 6. It applies where: a. physical or mental health needs mean a pupil is, or is likely to be, absent for 15+ school days and school‑led arrangements are unsuitable or unsustainable; b. a pupil is suspended or permanently excluded (with the local authority arranging appropriate full‑time education from day six for permanent exclusions, earlier where possible); and Cabinet Member Report – 01 April 2026 Page 4 Part I – Public c. other circumstances meaning the pupil would not otherwise receive a suitable education. Referral and triage 7. Parents or any professional may refer using an evidence‑based form capturing reasons for non‑attendance and the school’s graduated response. An Attendance Support Officer then triages with the home school, family and relevant professionals to determine whe ther strengthened school ‑led adjustments are sufficient or whether the local authority must commission provision. Threshold and decision‑making 8. A consistent threshold test considers compulsory school age, whether the child would otherwise receive suitable education, the practicality of attendance with reasonable adjustments, the child’s ability to access education even if not attending school, identified risks, available evidence, the longer‑term plan and the views of the child/ family and wider network. 9. Ambiguous cases progress to the multi ‑disciplinary Access & Inclusion Panel; high‑ risk cases escalate to the Hillingdon Education Safeguarding Panel for multi‑agency oversight. Decisions and rationales are recorded and shared. Provision, intensity and timeliness 10. Commissioned provision is needs ‑led and may include individual tuition, online learning, hospital education or Alternative Provision. Legislation does not prescribe fixed hours; 1:1 tuition is more intensive, and hours are matched to age, need and capacity to engage. 11. Provision should commence as soon as reasonably possible, ideally within 15 school days of confirmed absence. Provision is secured through the AP Dynamic Purchasing System with standard SLAs and a quality assurance framework to promote consistency and safety. Review cycle and reintegration 12. All cases have six‑ weekly multi‑ agency reviews tracking progress, attendance/ engagement, curriculum access and readiness to step up/down support. A reintegration plan runs from the outset and the home school is involved throughout. 13. Case closure is a formal commissioning decision with a recorded rationale when the Section 19 duty no longer applies (e.g., sustained return to school or move to an appropriate setting). Monitoring, assurance and improvement 14. Performance monitoring will track time to start of provision, engagement while in provision, duration and reintegration rates, delivery of Section F for EHCP pupils, provider QA outcomes and use of AWPU recoupment. 15. Insights will drive continuous improvement and market development within the AP DPS, alongside safeguarding, information‑ sharing and equalities considerations so that vulnerable learners receive the right support, in the right place, at the right time. Financial Implications Cabinet Member Report – 01 April 2026 Page 5 Part I – Public This is a demand‑ led statutory duty, and the level of expenditure will vary each year depending on the number of pupils requiring Section 19 provision, the complexity of need, and the duration of commissioned education. As outlined in the report, a proportion of the gross cost is partially offset through AWPU recoupment from schools where pupils remain on roll, and DSG High Needs Block contributions where EHCP‑related provision applies. The policy strengthens oversight through tighter commissioning, structured six ‑weekly reviews and clear reintegration expectations, supporting proportionate use of resources and reducing the risk of avoidable financial pressure. There is no direct new impact on the General Fund arising from approval of the policy itself. Any financial implications will be managed within existing budgets through the mechanisms described above and through ongoing monitoring by Children’s Services and Finance. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities Approving the Section 19 Policy will ensure that children who cannot attend school receive timely, suitable education through a single, consistent pathway, reducing time out of learning and improving reintegration to school or another appropriate setting. The policy embeds six ‑weekly multi‑agency reviews to maintain progress and adjust support quickly, which improves outcomes and reduces the risk of drift for families. For families, a clearer front door and transparent decision‑making reduce uncertainty, duplication and escalation, while SEND alignment guarantees that, where an EHCP is in place, Section F provision is delivered and early/interim reviews are triggered when needed, supporting equity for children with additional needs. For schools and the wider system, defined roles and referral routes, coupled with the Hillingdon Education Safeguarding Panel oversight for high‑ risk situations, strengthen safeguarding and information‑sharing, particularly for pupils who are missing education or at heightened risk. For communities, consistent access to education and structured reintegration reduce the likelihood of disengagement and associated vulnerabilities, supporting safer neighbourhoods and better long‑term life chances. The approach aligns with the Council’s vision of “putting residents first”, notably Thriving, Healthy Households and a Digital‑enabled, Modern, Well‑Run Council. Value for money is strengthened because funding follows the child; the Council may recoup a proportion of AWPU where pupils remain on roll and, where applicable, use DSG High Needs for EHCP‑related provision, while quality and consistency of provision are supported through commissioning via the AP Dynamic Purchasing System (DPS). Together, these controls help manage a demand‑led duty sustainably while meeting non‑negotiable statutory obligations. EQUALITIES IMPLICATIONS: In developing the proposed Section 19 Policy, due regard has been given to the Council’s Public Sector Equality Duty under the Equality Act 2010 and to relevant human rights considerations. The Council recognises that certain groups of children who share protected characteristics are disproportionately more likely to be out of school, particularly pupils with disabilities and long‑term health needs, pupils experiencing mental health difficulties, young people who are pregnant or Cabinet Member Report – 01 April 2026 Page 6 Part I – Public new parents, and some cohorts of pupils from global majority backgrounds or with English as an Additional Language. These groups are therefore more likely to require support under Section 19. The purpose of the policy is to standardise and strengthen Hillingdon’s arrangements for securing suitable education when a child cannot attend school because of illness, exclusion, or other reasons. It sets out a single, transparent pathway for referral, decision‑making, commissioning, review, and reintegration; clarifies responsibilities; and embeds six ‑weekly multi‑agency reviews to ensure educational provision remains suitable, timely, and aligned with need. For pupils with Education, Health and Care Plans, the policy explicitly reinforces the requirement that Section F provision must continue to be delivered within any Section 19 arrangement. Assessment of local data demonstrates that pupils with disabilities (including mental health conditions) experience the greatest disproportionality in absence and are most at risk of educational drift. The policy is therefore designed to have positive equi ty‑seeking impacts, supporting earlier access to learning, reducing gaps in provision, and strengthening reintegration planning from the outset. Positive impacts are also expected for disadvantaged pupils (such as those in receipt of Free School Meals), pupils in Key Stage 4, and Cared for Children, where clearer commissioning routes and multi‑agency oversight reduce delay and increase stability. Potential negative impacts have also been considered. These primarily relate to risks of delay in starting provision, curriculum mismatch in Key Stage 4, or barriers for families who face language, digital or transport constraints. Mitigations are built into the operating model, including acceptance of a range of clinical evidence to enable timely decisions, implementing six ‑weekly reviews, curriculum and exam ‑access mapping at referral, Virtual School involvement for Cared‑ for Child ren, and accessible communication (including translation where proportionate). With these mitigations in place, no negative equality impacts have been identified that cannot be managed. A range of stakeholders has been considered in the development of the policy, including children and young people, parents and carers, schools and academy trusts, the SEND service and the Virtual School. Their interests centre on timely access to education, safety, clarity of process, and suitability of provision. Internal consultation has helped refine the operating model, strengthen review discipline, and ensure alignment with statutory duties. From a Human Rights perspective, the policy supports the Article 2 Protocol 1 right to education by establishing clear expectations that suitable education will start as soon as reasonably possible, will be reviewed frequently, and will remain appropriately matched to the child’s needs. Quality assurance, governance oversight, and the requirement to monitor key indicators (time‑to‑start, review compliance, reintegration outcomes, and delivery of Section F for EHCP pupils) provide safeguards against drift or insufficient provision. Overall, the assessment indicates that the proposed policy is positively aligned with equality and human rights obligations. It clarifies the Council’s statutory duties, addresses known inequalities in access to education for groups with protected characteristics and embeds controls to ensure proportionality and responsiveness. There are no identified negative equality or human rights impacts that remain unmitigated. Cabinet Member Report – 01 April 2026 Page 7 Part I – Public Consultation & Engagement carried out (or required) Internal officer consultation only. Drafts were shared with relevant Children’s Services teams for review, including operational leads across Access to Education and Attendance Support (referrals/ triage, commissioning and review), the SEND EHC service (EHCP alignment/ Section 42 duties), the Virtual School (Cared for Children), and corporate consultees (Legal and Corporate Finance). Feedback focused on clarifying referral criteria and documentation standards, strengthening six ‑weekly review expectations and reintegration planning, and making funding flows explicit. This is an operational policy that codifies how the Council discharges an existing statutory duty under Section 19 of the Education Act 1996. On that basis, formal public or partner consultation was not required. Subject to approval, officers will publish the policy on LEAP and provide briefings and Q&A materials for schools and settings (including SENCO/DSL networks), together with internal staff guidance on referrals and reviews. This ensures consistent understanding and supports timely implementation. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance have reviewed this report and concurs with the Financial Implications set out above, noting the recommendation to approve the Section 19 Education Policy. Furthermore, it is noted there are no direct financial implications to the General Fund arising from the recommendation contained in this report. Any financial impacts resulting from the demand- led statutory duty will be managed within existing approved budgets and monitored through the established monthly monitoring cycle. This will be supported by enhanced oversight through the strengthened commissioning processes, structured six -weekly reviews and cle ar reintegration expectations as set out in the proposed policy. Legal There are no legal impediments to the recommendation set out within the report. BACKGROUND PAPERS Government guidance • https://www.gov.uk/government/publications/education-for-children-with-health-needs- who-cannot-attend-school • https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical- conditions--3 • https://www.gov.uk/government/publications/alternative-provision • https://www.gov.uk/government/publications/school-exclusion • https://www.gov.uk/government/publications/children-missing-education • https://www.gov.uk/government/publications/working-together-to-improve-school- attendance • https://www.gov.uk/government/publications/mental-health-issues-affecting-a-pupils- attendance-guidance-for-schools Cabinet Member Report – 01 April 2026 Page 8 Part I – Public • https://www.gov.uk/government/publications/providing-remote-education-guidance-for- schools/providing-remote-education-guidance-for-schools • https://www.lgo.org.uk/assets/attach/6271/FR-Out-of-School-F.3.pdf Council policy documents • https://leap.hillingdon.gov.uk/article/14543/Guidance • https://leap.hillingdon.gov.uk/article/8745/London-Borough-of-Hillingdon-Children- Missing-Education-Policy • https://leap.hillingdon.gov.uk/article/13736/Hillingdons-Attendance-Support-Guide • https://leap.hillingdon.gov.uk/article/13987/Part-time-Timetable • https://leap.hillingdon.gov.uk/article/10970/Guidance • https://www.hillingdon.gov.uk/article/12142/Hillingdon-Local-Area-SEND-and-Alternative- Provision-Strategy-2023-28 Legislation • https://www.legislation.gov.uk/ukpga/1996/56/section/19 • https://www.legislation.gov.uk/ukpga/1996/56/section/7 • https://www.legislation.gov.uk/ukpga/2014/6/section/42 • https://www.legislation.gov.uk/uksi/2024/208/regulation/13 • https://www.legislation.gov.uk/ukpga/2010/15/contents APPENDICES Appendix A Hillingdon’s Policy Statement: Education under Section 19 of the Education Act 1996 Page 1 of 14 Policy Statement: Education under Section 19 of the Education Act 1996 London Borough of Hillingdon March 2026 Page 2 of 14 London Borough of Hillingdon POLICY STATEMENT: EDUCATION UNDER SECTION 19 OF THE EDUCATION ACT 1996 Contents 1. Introduction 3 2. Legal Context 5 3. What is Section 19? 6 4. Roles and Responsibilities 8 5. Commissioning Teams 11 6. Referral and Decision-Making Process 12 7. Parental Concerns 13 8. Funding 14 Page 3 of 14 1. Introduction 1.1 This guidance sets out how Hillingdon Council fulfils its statutory duty under Section 19 of the Education Act 1996 to arrange suitable education for children and young people who cannot attend school. It provides clarity for schools, parents, and professionals on the processes, expectations, and responsibilities involved in delivering high-quality education outside the usual school setting. 1.2 This guidance applies to: • Children of compulsory school age who are ordinarily resident in Hillingdon • Pupils who cannot attend school for reasons including: o Medical needs (physical or mental health) o Exclusion or suspension o Other circumstances where attendance is not possible, such as (list is not exhaustive): Pregnancy or post -natal recovery where school attendance is temporarily impractical School closure or unsafe premises (eg., due to fire, flood, or structural issues) Placement breakdown for children in care awaiting a new school placement Severe anxiety or trauma following a safeguarding incident or bereavement Awaiting specialist provision (eg., a child with an Education, Health and Care Plan (EHCP) where no suitable school place is currently available) Legal restrictions such as bail conditions preventing attendance at a particular school 1.3 Please note that this guidance does not replace statutory duties under special educational needs and disabilities (SEND) legislation or safeguarding frameworks but should be read alongside them. 1.4 The legal framework which underpins this guidance includes: • Education Act 1996, Section 19: Duty to provide “suitable education at school or otherwise than at school” for children unable to attend • DfE Statutory Guidance: ‘ Arranging education for children who cannot attend school because of health needs’ (December 2023) • DfE Statutory Guidance: ‘Supporting pupils at school with medical conditions’ (December 2015) • DfE Statutory Guidance: ‘Arranging Alternative Provision’ (February 2025) Related legislation and guidance include: • Equality Act 2010 • Section 7 of the Education Act 1996 • Children and Families Act 2014 • DfE Statutory Guidance: ‘Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement’ (August 2024) • DfE Statutory Guidance: ‘Children missing education’ (updated 8 September 2025) • DfE Guidance: ‘Working together to improve school attendance’ (August 2024) • DfE Guidance: ‘Summary of responsibilities where a mental health issue is affecting attendance’ (February 2023) • DfE Guidance: ‘Providing remote education’ (updated 19 August 2024) Page 4 of 14 • Local Government & Social Care Ombudsman focus report: ‘Out of school, out of sight?’: Ensuring children out of school get a good education’ (updated August 2023) 1.5 Local authority documents related to this guidance include: • Hillingdon Council’s Exclusions and Suspensions guidance 2025/26 • Hillingdon Council’s Children Missing Education policy 2025/26 • Hillingdon Council’s Attendance Support guidance 2025/26 • Hillingdon Council’s Part-time Timetable guidance 2025/26 • Hillingdon Council’s Education for Children Unable to Attend School due to Additional Health Needs guidance (April 2025) • Hillingdon Council’s SEND and AP Strategy 2023-28 1.6 Hillingdon’s approach is underpinned by the following principles: • Child-Centred: Provision must meet the individual needs of the child and support their well-being • Timely Intervention: Education should start as soon as reasonably possible, ideally within 15 school days of confirmed absence • Collaboration: Schools, parents, health professionals, and the local authority work together to plan and deliver provision • Reintegration: The ultimate goal is to support the child’s return to school or transition to an appropriate setting Page 5 of 14 2. Legal Context 2.1 Under Section 7 of the Education Act 1996, parents must ensure that their children of compulsory school age receive efficient, full -time education suitable to their age, ability, aptitude, and any special educational needs, either by regular attendance at school or otherwise. 2.2 Local authorities have a range of powers and duties under the Education Act 1996 when parents do not fulfil their legal duty to ensure their child receives suitable education. These measures can include issuing penalty notices, applying for school attendance orders or education supervision orders, and taking enforcement action where necessary to uphold parental obligations. 2.3 Section 19 of the Education Act 1996 requires local authorities to arrange suitable education for children of compulsory school age who cannot attend school because of illness, exclusion from school, or other reasons. This duty for Hillingdon Council applies to all children living in Hillingdon, regardless of whether they are on a school roll or the type of school they attend. 2.4 To support the local authority in their Section 19 duty, schools are required under Regulation 13 of the School Attendance (Pupil Registration) (England) Regulations 2024 to provide to the local authority the full name and address of any pupils of compulsory school age who are not attending school regularly. 2.5 “Suitable education” means efficient education suitable to the child’s age, ability, aptitude, and any special educational needs. Provision may include home tuition, online learning, hospital education, or placement in alternative provision. For children with SEND, education must be accessible ( in relation to communication, sensory and physical needs), must be adapted to the child’s learning profile and support regulation and emotional readiness to learn, including specialist input when required (even short term). 2.6 Education arranged under Section 19 must be full -time, or, in the case where the local authority consider that full-time education would not be in the child's best interests for reasons which relate to the physical or mental health of the child, on such part -time basis as the local authority consider to be in the child’s best interests. Legislation does not prescribe a fixed number of hours that constitute full ‑time education. For Section 19 purposes, full ‑time education is interpreted through statutory guidance and case law as education broadly comparable to mainstream provision. It is important to note that for children receiving individual tuition rather than attending a sc hool setting, full‑time education does not usually mean the same number of hours as a school timetable. Tuition is more intensive, and many children are able to make appropriate progress with fewer hours. As a result, individual tuition is often delivered for up to around 15 hours per week, depending on the child’s age, circumstances, health, and ability to engage. The exact number of hours will be decided based on the child’s individual needs and reviewed regularly. 2.7 This guidance only applies to Hillingdon Council’s Section 19 duty to consider education otherwise than at school (EOTAS). Elective home education (EHE) and EOTAS under Section 61 of the Children and Families Act 2014 do not fall into the remit of this guidance. However, if Section 19 provision is being put in place for a child where SEND needs are identified, the SEND review should take place, and consideration should be given to EOTAS where school attendance is no longer viable long term. Page 6 of 14 3. What is Section 19? 3.1 Section 19 of the Education Act 1996 places a duty on local authorities to arrange suitable education at school or elsewhere for children of compulsory school age who are out of school because of exclusion, illness or for other reasons if they would not receive suitable education without such arrangements. 3.2 In addition, statutory guidance states that the duty applies where a child has or is likely to be absent for 15 days or more (consecutively or not) and the school is unable to provide educational support. 3.3 Schools should always continue to provide education to children with health needs who can attend school. Schools can also manage longer-term absences through the use of work sent home, remote or online learning packages , etc. The local authority does not need to become involved in such arrangements unless it is informed or has reason to believe that the education being provided by the school is unsuitable or unsustainable. 3.4 The Section 19 duty placed on local authorities and detailed in this guidance relates to those of compulsory school age: children aged 5 to 16 (from the school term after a child’s fifth birthday, until the last Friday in June of the school year they turn 16). 3.5 In the interim period where an assessment of need is undertaken to inform the local authority’s Section 19 offer, the child’s current school is expected to provide education. This can be provided through remote education provision as soon as reasonably practicable. 3.6 Where the local authority offers (based on an assessment of need) an alternative education that it deems to be reasonably practicable for a 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 where a Section 19 offer has been made, is available. 3.7 It is important to recognise that Hillingdon Council’s responsibilities in relation to their Section 19 offer differs slightly for those with an EHCP compared to those without an EHCP. These differing responsibilities are as follows: Child without an EHCP: • the local authority where a child resides is responsible for Section 19 provision. • if the child resides between different addresses in a split family, residence is determined based on where the child spends most of their time. • if the child ordinarily resides in two local authorities equally, then both authorities can discuss and agree sharing the responsibilities for Section 19 provision; if an agreement cannot be reached, then the local authorities can refer to the Secretary of State for a decision. Child with an EHCP: • the local authority 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 local authority responsible for maintaining the EHCP is responsible for the Section 19 provision. 3.8 For children with identified SEND needs, Section 19 provision must reflect these SEND needs, whether or not the child has an EHCP. Alternative provision must be appropriately differentiated, Page 7 of 14 adapted, and supported for SEND. The SEND duties continue to apply in full when a child is out of school falls under Section 19. Section 19 cannot be used to dilute, delay, or substitute SEND entitlements. Evidence of SEND Support, reasonable adjustments, and alternative provision ( AP) strategies must be considered . The Section 19 duty does not replace school’s SEND Support responsibilities. Section 19 provision for EHCP pupils must deliver Section F provision. Page 8 of 14 4. Roles and Responsibilities Permanent Exclusions and Suspensions 4.1 It is essential that pupils continue learning during any suspension or permanent exclusion so that they can maintain progress and achieve their potential. 4.2 For suspensions lasting more than five school days, the school must arrange suitable full - time education for pupils of compulsory school age. This is known as Alternative Provision (AP) and must start no later than the sixth school day of the suspension. 4.3 In cases of permanent exclusion, the local authority is responsible for arranging appropriate full-time education from the sixth school day following the exclusion. This provision should be full - time or, where the local authority considers that full -time education would not be in the child’s best interests for reasons relating to the child’s physical and mental health, on such part-time basis as the authority consider in the child’s best interests. 4.4 When informing parents about a suspension or permanent exclusion, schools should clearly explain what arrangements have been made for the pupil’s education before alternative provision begins or before the pupil returns to school, in line with legal requirements. For more details, refer to the DfE Statutory Guidance ‘Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement’ (August 2024) and Hillingdon Council’s Exclusions and Suspensions guidance 2025/26. 4.5 Schools should aim to reduce the impact of suspension or exclusion on a pupil’s education. Although the legal duty to provide full -time education begins on the sixth day, starting provision earlier is strongly encouraged. If alternative provision cannot be arranged during the first five school days, schools should take reasonable steps to set and mark work for the pupil. 4.6 Parents and carers must ensure their child is supervised during school hours on these days and their child completes the work provided. This helps the pupil stay on track with learning and reduces the risk of involvement in anti-social behaviour. Illness 4.7 Schools have a legal responsibility to support pupils with medical needs, as outlined in the Department for Education’s statutory guidance ‘Supporting pupils at school with medical conditions’ (December 2015). Short-term illnesses or ongoing conditions are usually best managed through school-based support and resources. Examples include recovery following surgery or temporary periods of reduced immunity. 4.8 Schools must make reasonable adjustments to ensure pupils can access suitable education, full-time where possible, or as much as their health allows. This could include sending work home for short absences, implementing a part -time timetable, or providing remote learning options. Prior to requesting that Hillingdon 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 statutory guidance) and consider seeking advice from health professionals, including Hillingdon’s Designated Clinical Officer (DCO), Hilary Smith (hilary.smith15@nhs.net). 4.9 Every effort should be made to reduce disruption to the child’s education. If an absence is planned, such as a hospital stay, teaching should begin as soon as the child is well enough. Hospital teachers will liaise with the pupil’s school to keep learning on track. Page 9 of 14 4.10 If a pupil is, or is expected to be, absent for 15 school days or more due to a medical condition, their school must inform the local authority. Once notified, the C ouncil will work with the school, health professionals, and other agencies to ensure appropriate education is provided that meets the child’s individual needs and helps them continue learning. Where possible, the Council will seek to maintain continuity by using school -based provision. However, in some cases, additional input or specialist support may be required, and the local authority has responsibility for assessing and coordinating this . For more details, please refer to Hillingdon Council’s policy on Education for Children Unable to Attend School due to Additional Health Needs. 4.11 In Hillingdon, there is a single approach for children requiring a Section 19 response under the category of illness, ensuring adherence to statutory guidance. In relation to this cohort of children, Hillingdon Council adopts an agile response to understanding needs and reaching a decision point in line with DfE guidance: a) The Pupil Support Team (PST) offer a short-term provision providing educational support for children of compulsory school age on the roll of a school in Hillingdon who, due to illness, require suitable alternative arrangements for their education whilst unfit to attend their home school. This may be through a referral by a school supported by a GP, paediatrician or a referral for Child and Adolescent Mental Health Services ( CAMHS) care coordinator to the School Placements and Admissions team . PST has a clear admissions criterion which requires the referral to be supported by the medical professional responsible for the ongoing treatment. This enables ongoing advice and guidance to the PST to enable them to build the right educational provision around a child’s health needs. b) Where a child does not meet the admissions criteria for PST, Hillingdon Council’s Attendance Support team will work closely with multi-agency partners with relevant expertise to ascertain the most appropriate package of support. As part of this process, Hillingdon Council will consider the individual circumstances of each child, including how the ho me school has provided support through a graduated response and what reasonable adjustments have been put in place to support the child to attend school, such as a reduced timetable or access to a school’s pastoral unit. Hillingdon Council will also consider any medical evidence or advice when deciding what arrangements are required to fulfil a suitable education. Children Not Receiving Suitable Education for Other Reasons 4.12 If a child is unable to attend school for reasons other than illness or exclusion, Hillingdon Council will review the situation on a case -by-case basis. Each child’s circumstances will be considered individually, considering all relevant information and evidence. This assessment will guide the C ouncil’s decision on what action, if any, is required to ensure the child receives appropriate education. The steps involved in this process are outlined in the following section. 4.13 When considering a Section 19 ‘otherwise’ referral, Hillingdon Council’s Attendance Support team will: • consider the individual circumstances of each child, irrespective of the reported reason for absence; • consult with all professionals involved with the child’s education and welfare and consider all available evidence prior to determining a referral to ensure an informed decision is reached; and • take action that is in the best interests of the child. Page 10 of 14 4.14 In determining whether the Section 19 ‘otherwise’ threshold has been met, each commissioning team will assess the following: • Is the child of compulsory school age? • Would the child receive suitable education without statutory intervention? • Is the child currently attending school? • Is it practicable for the child to attend school with reasonable adjustments? • Is the child unable to attend school, but able to access education? • Is there any identified risk to a child attending alternative education? (consideration must be given to the likelihood that this will be on compressed hours) • What evidence is available and what is this suggesting? • What is the longer-term plan for the child and how does alternative education support this? • What are the views of the child and their family? • What are the views of the wider professional network? 4.15 Where commissioning teams are unclear as to whether the Section 19 ‘otherwise’ threshold has been triggered, referrals will be shared with at a multi-disciplinary panel for review (see section 6). 4.16 Where it has been determined that the threshold for Section 19 ‘otherwise’ has not been met, a rationale for the decision will be shared with the referrer. Recommendations may be provided to support a way forward to promote regular attendance, including signposting to other services. Page 11 of 14 5. Commissioning Teams The Access to Education team 5.1 The Access to Education team is responsible for arranging suitable education for Hillingdon children who: • have been permanently excluded from school; • are medically too unwell to attend school, whether due to their physical or mental health; or • are not in school due to other exceptional circumstances. 5.2 The named officer in Hillingdon who is responsible for the education of children with health needs is the Assistant Director for Education, queries can be directed to vulnerablelearners@hillingdon.gov.uk. The SEND EHC team 5.2 The SEND Education, Health and Care (EHC) team has a key role in ensuring that children and young people with SEND continue to receive suitable education when they are unable to attend school and a Section 19 response is being considered or implemented. Where a child or young person has an EHCP, the SEND EHC team retains responsibility for oversight of the child’s statutory SEND entitlements and for ensuring that the local authority continues to meet its duty under section 42 of the Children and Families Act 2014 to secure the special educational provision set out in the EHCP. 5.3 The SEND EHC team will work in partnership with the Access to Education team, the child’s school, parents/carers, and relevant professionals to ensure that any education arranged under Section 19 is appropriate to the child’s age, ability, aptitude, and special educational needs, and, where applicable, delivers or aligns with the provision specified in the EHCP. 5.4 The SEND EHC team will also consider whether a review of the EHCP is required, including bringing forward an early interim annual review where a child’s inability to attend school indicates that the current placement or provision may no longer be suitable. Where EOTAS or a change in placement may need to be considered, the SEND EHC team will lead the statutory decision-making process in accordance with SEND legislation. Hillingdon Virtual School 5.5 Hillingdon Virtual School helps Cared for Children, previously Cared for Children, those subject to a kinship arrangement, and children with a social worker to become successful learners. 5.6 Hillingdon Virtual School will consider the Council’s Section 19 statutory duty to provide suitable education for Cared for Children and previously Cared for Children who are awaiting a school place. Page 12 of 14 6. Referral and Decision-Making Process 6.1 When a child cannot attend school for reasons other than illness or exclusion, the local authority will review each case individually. All relevant information will be considered, including input from the home school (the school that the child is on the admission register of before they enter alternative provision) , parents, and professionals, to decide what support is needed. Whilst this decision is being made, it is expected that the home school will make suitable interim arrangements for the child’s education. 6.2 Referrals for Section 19 provision can be made by a parent/guardian or by any professional linked to a child. To help the local authority reach a swift and accurate decision, a form should be submitted by the referrer which includes all the relevant details relating to the child’s current circumstances and the reasons they are unable to attend school other than due to exclusion or illness. 6.3 Following submission, this form will be triaged by the Attendance Support team. As part of this process, an Attendance Support Officer may be in touch with the parent(s), home school and any other relevant professionals to discuss the circumstances surrounding the child’s lack of access to education. This initial assessment will establish the most appropriate next steps for providing suitable education. This could include: a) School Support: where it is assessed that the home school have not adequately met their duties to provide education, the Attendance Support Officer will provide guidance and support to ensure this is put in place swiftly, including liaising with relevant multi-agency partners. b) Access and Inclusion Panel: a referral to this panel may be made by the Attendance Support Officer if the child is assessed to need more targeted support. This panel meets regularly to review referrals and determine the most appropriate educational support required on an individual basis. It ensures decisions are made promptly and consistently so children receive support without unnecessary delay. c) Hillingdon Education Safeguarding Panel (HESP) : High -risk children who require multi - agency input will be referred to HESP. This panel brings together representatives from education, health, and social care to provide a holistic view of the child’s needs. HESP ensures that decisions are well -informed and that any additional support or specialist provision is identified promptly. 6.4 Once any Section 19 provision is in place, progress is monitored every six weeks. Reviews involve the home school, parents, and relevant professionals to ensure the education provided continues to meet the child’s needs. Adjustments are made as circumstances change, with the aim of reintegrating the child into school wherever possible. The child must remain on roll with their home school unless there are grounds to remove them from the roll. 6.5 The decision to cease an alternative education offer provided through a Section 19 referral will rest with the commissioning team. The commissioning team will review all available information before reaching its decision and will provide a written rationale for case closure.