Agenda item

Report of the Director of Children and Education Services

Cabinet considered a report of the Director of Children and Education on a new policy in respect of supporting children who are unable to attend their education setting under Section 19 of the Education Act 1996. 

The Education and Children’s Services Scrutiny Board (2) considered the report at their meeting on 13 March 2025 and a Briefing Note detailing their consideration of the matter was circulated.

Section 19 of the Education Act 1996 placed a duty on Coventry City Council (the Council) to make arrangements for the provision of suitable education at school or otherwise 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 were made for them.’ This applied to all such children who were resident in the area, whether they were on the roll of a school, and for whatever type of school they attend.

This means that where a child cannot attend their educational setting because of a physical or mental health need, or due to an exclusion, or for any other legitimate reason, the local authority is responsible for arranging suitable provision.

The legal duty applies to children of compulsory school age (5-16 years) who would normally attend schools, including academies; free schools; special schools; alternative provision and independent schools. The legal duty does not apply to children under compulsory school age or who will cease to be of compulsory school age within the next six weeks and does not have any relevant examinations to complete.

All local authorities should have a written, publicly accessible Policy Statement on their arrangements for complying with the Section 19 duty. The purpose of the new Policy was to ensure the Council had an integrated Policy under the Section 19 Duty (permanent exclusion, ill health and otherwise) that complied with legal duty.

The Policy at Appendix A of the report set out the Council’s approach to meeting the needs of children of compulsory school age for whom it has a legal responsibility to provide an education, but who for reasons relating to illness, exclusion from school or other reasons, experience barriers to accessing a full and suitable education offer. The Policy would provide greater clarity to schools and parents/carers as to when the duty should apply, and confirmation of the Council’s approach.

Prior to implementing provision under Section 19, the Council would expect schools to have fulfilled their legal obligations and followed statutory guidance, such as the graduated response set out in the SEND Code of Practice, and to have made reasonable adjustments required under the Equality Act 2010.

The Policy set out the decision-making process which the Council will use to determine when it has a duty to make provision under Section 19, and the type of provision that the Council will make in order to comply with Section 19 duties.

This provision may include, but is not limited to:

•  the Council advising and supporting schools to make reasonable adjustments where it considers that the child/young person could be appropriately supported to receive education and/or attend school,

•  the Council securing Alternative Educational Provision.

Following their consideration of this matter the the Education and Chldren’s Services Scrutiny Board (2) recommended that:-

a)  A glossary of terms be appended to the Policy

b)  That a flow chart at Appendix 1 be made more user friendly

The Cabinet Member for Education and Skills indicated that she accepted these recommendations.

RESOLVED that Cabinet:

a)  Notes the comments received from the Education and Children's Services Scrutiny Board (2)

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

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