Explain

Education for children out of school (Education Act 1996, section 19)

Some children of compulsory school age are out of school, for example because of illness or exclusion. If they would not get a suitable education otherwise, the council must arrange one. This applies whether or not the child has an EHC plan. The education must be full-time, unless the council considers that, because of the child's physical or mental health, full-time education would not be in their best interests. For a child with a plan, the council also keeps its separate duty to secure the special educational provision in Section F.

If a pupil of compulsory school age is suspended for more than 5 school days in a row, the governing board must arrange suitable full-time education from the sixth school day. For an academy, the academy trust does this. Suspensions that follow straight on from each other count together. For a pupil referral unit, the council does this. After a permanent exclusion, the council must arrange suitable full-time education from the sixth school day after the exclusion took place. There are exceptions, such as a Year 11 pupil who has already taken, or missed, all the public examinations they were entered for. The school's duty during a suspension applies at maintained schools and academies. At other schools, the council's duty to arrange suitable education for a child of compulsory school age who would otherwise not get it, because of exclusion or another reason, can apply.

Type of rule

Law (Act or Regulations)

Rule id

section_19

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Education Act 1996, s 19Law (Act or Regulations)
• Education Act 1996, s 19(3A) and (3AA)Law (Act or Regulations)
• Children and Families Act 2014, s 42(2)Law (Act or Regulations)
• Education and Inspections Act 2006, s 100Law (Act or Regulations), to verifyStill to confirm against s 111, not yet read, which schools are a "relevant school" for s 100: maintained schools and academies are inferred from s 100(1) and (5); whether a non-maintained special school is one has not been checked.
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, reg 3Law (Act or Regulations)
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, reg 4Law (Act or Regulations)
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, reg 5Law (Act or Regulations)

Related

• The council's duty to secure the provision (section 42)
• Suspensions and exclusions
• Education otherwise than at school (EOTAS, section 61)

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