Right to a suitable full time education

Children not attending school

The local authority has a legal duty to secure suitable, full-time alternative education for those children of compulsory school age who, by reason of illness, exclusion or otherwise, may not for any period receive suitable education unless such arrangements are made for them (section 19, Education Act 1996).

This applies whether or not your child has an EHC Plan.  Where a child has an EHC plan, the local authority must continue to secure the special educational provision (external link) in the EHC plan while your child is out of school (section 42, Children and Families Act 2014).

This education must be full time unless, for reasons relating to the physical or mental health of the child, a reduced level of education would be in the child’s best interests.  It must also be suitable to the child’s age, ability, aptitude and any special educational needs.

• Independent advice for children out of school (external lnk)

• A template you can use to request alternative education for your child (MIcrosoft Word 30 kb)

• Local Government Ombudsman focus reports (external link)