Ask the LA to arrange education (s.19)
Use this letter to ask the Local Authority to arrange suitable education for your child while they are not attending school. Section 19 of the Education Act 1996 puts a duty on the LA to arrange suitable education for children of compulsory school age who, because of illness, exclusion or otherwise, may not receive it unless the LA makes arrangements.
What this letter is for
- This is separate from the EHC needs assessment. You do not need an EHC plan to ask.
- Use it when your child is not attending school and has no education arranged, for example after an exclusion, with no school place, or because they are too unwell to attend.
- Put the date your child stopped attending and the reason in the letter, and choose a date you would like a reply by.
- If the LA does not reply or does not arrange suitable education, families often ask a solicitor to send a pre-action letter, which is the usual first step towards judicial review. IPSEA, SOS!SEN and your local SENDIASS can explain your options. This is general information, not legal advice.
Further reading
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This template references: Education Act 1996, s.19, SEND Code of Practice 2015, Chapter 10.39-10.40 and 10.47, Arranging education for children who cannot attend school because of health needs (DfE statutory guidance). Always check that legislation is current before relying on it.
Independent template. See IPSEA's authoritative IPSEA model letters for comparison. Always check that legislation is current before relying on it.