Agenda item

Report of the Director of Children and Education

The Education and Children’s Services Scrutiny Board (2) considered a report due to go to Cabinet on the 18^th of March 2025 of the Director of Education and Children outlining support for children who are unable to attend their education setting under Section 19 of the Education Act 1996.

The report updated Members on the background and context for the Council’s statutory duty to 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 a suitable education unless such arrangements are made for them.

The local authority is responsible for arranging suitable educational provision for children of compulsory school age (5-16 years) who are unable to attend school due to physical or mental health needs, exclusion, or other legitimate reasons. This duty does not apply to children under five or those ceasing to be of compulsory school age within six weeks, unless they have relevant examinations to complete.

Officers highlighted that all local authorities must have a publicly accessible Policy Statement outlining their compliance with Section 19 duty. The Council has introduced a new integrated Policy ( attached at Appendix A to the report) to ensure compliance with legal obligations for children unable to access full education due to illness, exclusion, or other barriers. This Policy provides clarity for schools and parents regarding when the duty applies and the Council’s approach to fulfilling its responsibilities.

Before implementing provision under Section 19, the Council expects schools to have followed statutory guidance, including the SEND Code of Practice, and made reasonable adjustments under the Equality Act 2010. The Policy details the Council’s decision-making process for determining when Section 19 applies and the type of provision to be made. This may include advising and supporting schools in making reasonable adjustments or securing Alternative Educational Provision where necessary.

In considering the report, the Board questioned officers, received responses and discussed matters as summarised below:

·  The affordability of the policy and its impact on the high needs block in schools.

·  Adapting the report to include a glossary of key terms and making the flowchart at Appendix A more user friendly.

·  The over representation of children from white British backgrounds being excluded from schools.

·  The process for sick children who have been absent for more than 15 school days.

·  Exclusions amongst SEND children being due to them not having the correct need.

·  The process for adopted children receiving their statutory free school meal if they’re absent from school due to sickness.

·  Excluded children’s backgrounds of family separation and domestic abuse and provision to help them stay in school – Coventry alternative provision support, adapting school curriculums to meet children's needs, early intervention as part of the multi-agency panel, and the role of the youth justice service to provide mentor schemes and help children in any way we can.

The Cabinet Member thanked officers for their report and the Board for their valuable questions.

RESOLVED that the Education and Children’s Services Scrutiny Board (2) recommends that Cabinet:

1)  Approves the policy and approach for supporting children who are unable to attend their education setting under Section 19 of the Education Act 1996.

2)  Delegates authority to the Director of Children and Education Services and the Director of Finance and Resources to oversee, monitor and implement the Policy.

3)  Requests a glossary of terms be appended to the Policy.

4)  Requests the flow chart at Appendix 1 be made more user friendly.