School Days Without Education

This website documents our experience with Somerset Council and the steps we have taken to secure the education he is legally entitled to.

What Is Section 19?

Under Section 19 of the Education Act 1996, local authorities have a legal duty to arrange suitable education for children of compulsory school age who cannot attend school due to illness, exclusion, or otherwise.

Section 19(6) defines suitable education as:

“Efficient education suitable to the age, ability and aptitude and to any special educational needs the child may have.”

The duty applies when a child is not receiving suitable education and the local authority knows, or ought reasonably to know, that this is the case.

It is not dependent on:

• An EHCP being finalised
• A medical diagnosis
• Internal panels or assessments
• Appeals being ongoing

Our son has not received suitable education for 294 school days.

What Somerset Council Has Known

Somerset Council has been aware of our son’s non-attendance for a prolonged period through:

• School attendance records showing extended absence
• A Family Intervention Service Officer who worked with us for approximately 12 months (support ended nearly a year ago)
• An Attendance Officer who was involved
• Ongoing communication with his school regarding his needs

Despite this, no alternative education provision was arranged.

EHCP Issues

We applied for an Education, Health and Care Plan (EHCP) to secure appropriate provision. During this process, we experienced the following:

1. Educational Psychology Report

   The EHCP did not contain key information from the Educational Psychologist relevant to his needs. These omissions carried through into the draft and final EHCP despite us asking the LA to clarify the detail with the Educational Psychologist.

2. Consultation With Schools

   The Local Authority consulted a school our son had not attended for an entire school year, and only intermittently before that.

   They refused to speak to his current school, which had been actively attempting transition strategies with him for several months and could have provided relevant insight.

3. Inaccurate Recording of Needs

   When we raised concerns that his needs were inaccurately described in the EHCP, we were told that our views carried less weight because we were not professionals and the needs could therefore not be amended.

4. Placement Consultations

   All specialist schools consulted, as well as the named state school, stated they could not meet his needs.

Section 19

In December, we were informed about Section 19.

We applied immediately.

No provision has been arranged as of today.

At our only meeting with the LA so far, we were told that Section 19 did not apply while we were appealing the EHCP. This is incorrect not supported by the legislation. Section 19 is a separate statutory duty and is not suspended by an EHCP appeal.

Interim Support

Because no education has been arranged:

• We have been privately funding a tutor for 2 hours per week.
• This is not equivalent to full-time suitable education.
• My wife gave up work 2.5 years ago to support our son full-time.
• We have also waited over 3 years for his autism assessment.

The financial, emotional and developmental impact on our son and our family has been significant.

The Impact

• 294 school days without suitable education
• Loss of routine and structure
• Increased anxiety
• Educational regression
• Social isolation

This situation is not sustainable.

What We Are Asking For

We are asking Somerset Council to:

• Acknowledge its Section 19 duty
• Arrange immediate specialist autism- and ADHD-informed home tutoring
• Put in place suitable longer-term provision via the EHCP process

We are committed to working collaboratively.

But education cannot continue to be delayed.

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