Education Act 1996, section 19

Exceptional provision of education in pupil referral units or elsewhere : England

Part I General

(1)F118Each [F6local authorityF6][F117 in EnglandF117] shall make arrangements for the provision of suitable . . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

[F119 (1A)F120... Subsection (1) does not apply in the case of a child—

(a)who will cease to be of compulsory school age within the next six weeks, and

(b)does not have any relevant examinations to complete.

In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered. F119]

F121(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F121[F122 (2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) Any school established in England (whether before or after the commencement of this Act) and maintained by a [F6 dfnlocal authorityF6] [F123 in EnglandF123] which—

(a)is specially organised to provide education for such children, and

(b)is not a community or foundation school, a community or foundation special school, or a maintained nursery school,

shall be known as a “pupil referral unit”. F122]

(3)A [F6local authorityF6][F124 in EnglandF124] may secure the provision of boarding accommodation at any pupil referral unit.

[[F125,F126 (3A)F127... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—

(a)full-time education, or

(b)in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.

(3AA)A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.F126]

(3B)[F128 Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1)F128] must be provided from a day that, in relation to the pupil concerned, is determined in accordance with [F129 the regulationsF129] .F125]

(4)F118A [F6local authorityF6][F130 in EnglandF130] may make arrangements for the provision of suitable . . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

[F131 (4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a [F6 local authorityF6] shall have regard to any guidance given from time to time by the Secretary of State.F131]

(5)Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.

[F132 (6)In this section—

(7)Schedule 1 has effect in relation to pupil referral units[F135 maintained by a local authority in EnglandF135] .

Definitions used in section 19 13

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
child

“child” means a person who is not over compulsory school age;

Defined in s.579(1) · see it in the full Act
maintained nursery school

“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998 ;

Defined in s.579(1) · see it in the full Act
regulations

“regulations” ... means regulations made by the Secretary of State , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales ;

Defined in s.579(1) · see it in the full Act
local authority in England

“local authority in England” means—

(a)

a county council in England;

(b)

a metropolitan district council;

(c)

a non-metropolitan district council for an area for which there is no county council;

(d)

a London borough council; and

(e)

the Common Council of the City of London (in their capacity as a local authority);

Defined in s.579(1) · see it in the full Act
pupil

(3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Defined in s.3(3) · see it in the full Act

(1) In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

Defined in s.3(1) · see it in the full Act
young person

“young person” means a person over compulsory school age but under the age of 18.

Defined in s.579(1) · see it in the full Act
Academy

“Academy” means an educational institution to which Academy arrangements relate;

Defined in s.579(1) · see it in the full Act
in the area

(3C) The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

Defined in s.579(3C) · see it in the full Act

(3B) References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014 .

Defined in s.579(3B) · see it in the full Act

(3A) References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 .

Defined in s.579(3A) · see it in the full Act
special educational needs

“special educational needs”—

(a)

in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

(b)

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

Defined in s.579(1) · see it in the full Act
local authority in Wales

“local authority in Wales” means—

(a)

a county council in Wales; and

(b)

a county borough council;

Defined in s.579(1) · see it in the full Act
additional learning needs

“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ;

Defined in s.579(1) · see it in the full Act

Cases considering section 19 34

A v Essex County Council

[2010] UKSC 33 · 14 July 2010Limits

The section imposes a domestic duty to arrange suitable education for children who would otherwise lack it. Breach of that duty does not automatically establish denial of the Convention right, and immediate compliance may be constrained by the practical availability of suitable resources (see paras [7]; [83]-[86]; [124]-[131]). The court considered the unqualified domestic obligation to arrange suitable education for a child who would otherwise receive none, but rejected the contention that non-compliance necessarily violated article 2 (see paras [83]-[86]). The definition of suitable education by reference to age, ability, aptitude and special educational needs informed the domestic duty but did not define an absolute Convention minimum (see paras [83]-[86]).

Ali (FC) (Respondent) v. Headteacher and Governors of Lord Grey School (Appellants)

[2006] UKHL 14 · 22 March 2006Defines

The majority treated the provision as imposing the local education authority's fallback responsibility to arrange education for children unable to receive suitable education at school. That responsibility supported provision through a pupil referral unit. (see paras [14]-[15]; [31]-[33]) The local education authority's duty to arrange suitable education for children affected by illness, exclusion or other circumstances provided the statutory safety net relevant to the Convention assessment. Its arrangements remained available to the pupil. (see paras [14]-[15]; [58]-[59]) The provision defined a pupil referral unit as a maintained school specially organised to educate children requiring alternative arrangements. (see para [14])

ER, R (on the application of) v London Borough of Hillingdon

[2014] EWCA Civ 1407 · 29 October 2014Defines

The court treated the duty to arrange suitable education as the service obligation said to have been breached. The alleged breach was a consequence of the appealable decision about the school named in the child’s statement and was not independently investigable by the Ombudsman. (see paras [17]; [30]-[31]) The definition of suitable education framed the educational service which the authority allegedly failed to provide. (see paras [10]; [30]-[31])

14 more judgments, and what each says about section 19, are in the case-law panel in the full Act.

Amendments and notes

24 notes from legislation.gov.uk

Amendments

  1. F116Word in s. 19 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F118Words in s. 19(1) and (4) repealed (1.9.1998) by 1997 c. 44, ss. 47(2)(3), 57(4), Sch.8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV
  3. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  4. F117Words in s. 19(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  5. F119S. 19(1A) inserted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(2), 29(5) (with s. 27); S.I. 2011/1100, art. 2
  6. F120Words in s. 19(1A) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  7. F121S. 19(2)(2A) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  8. F122S. 19(2A)(2B) inserted (2.7.2007) by The Education Act 1996 (Amendment of Section 19) (England) Regulations 2007 (S.I. 2007/1507), regs. 1, 2
  9. F123Words in s. 19(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(6) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  10. F124Words in s. 19(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(7) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  11. F125S. 19(3A)(3AA) substituted for s. 19(3A) (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(3), 29(5) (with s. 27); S.I. 2011/1100, art. 2
  12. F126S. 19(3A)(3B) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(2), 188(3); S.I. 2007/1801, art. 4(g)
  13. F127Words in s. 19(3A) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(8) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  14. F128Words in s. 19(3B) substituted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(4)(a), 29(5) (with s. 27); S.I. 2011/1100, art. 2
  15. F129Words in s. 19(3B) substituted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(4)(b), 29(5) (with s. 27); S.I. 2011/1100, art. 2
  16. F130Words in s. 19(4) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(9) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.
  17. F131S. 19(4A) inserted (1.9.1998) by 1997 c. 44, s. 47(4); S.I. 1998/386, art. 2, Sch. 1 Pt.IV
  18. F132S. 19(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(3), 188(3); S.I. 2007/1801, art. 4(g)
  19. F133Words in s. 19(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(7)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3 text inserted for certain specified purposes only, see the commentary.
  20. F134Words in s. 19(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(7)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3 text inserted for certain specified purposes only, see the commentary.
  21. F135Words in s. 19(7) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(10) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) this amendment is subject to savings and/or transitional provisions, see the commentary.

Modifications

  1. C82S. 19 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(c)(10), 162 (with s. 159)
  2. C83S. 19: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)
  3. C84S. 19(3A) modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 6(2) (with art. 5)