All Local Authorities have a Statutory Duty within Section 19 of the Education Act 1996 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 or otherwise, may not for any period receive suitable education unless such arrangements are made for them.
Most children's educational needs are best met in school, but for some children, at specific times, an education either in an alternative venue or at home may be appropriate.
Children out of school/education are a vulnerable cohort. Essex County Council is committed to working in partnership with schools and families to address educational and social disadvantage to overcome barriers to achievement.
Section 19 ‘otherwise’ is a broad category which covers circumstances other than illness or exclusion in which it is not reasonably possible for a child to take advantage of any existing suitable schooling.
Definition of “Otherwise"
This term is intentionally broad. It covers situations where a child might be unable to attend school for reasons beyond illness or formal exclusion.
Responsibility of the Local Authority
Essex County Council has a duty to consider Section 19 ‘otherwise’ referrals for all children. Each case will be assessed based on the individual circumstances of the child.
It is the responsibility of Essex County Council to determine whether a child is receiving a suitable education. If it is concluded that they are not, the Council must make appropriate arrangements.
In fulfilling this duty, Essex County Council will take into account its broader responsibilities, including those outlined in the SEND Code of Practice (2015) and the Department for Education’s Attendance Guidance (August 2024).
Schools and services can complete the referral form below for consideration under Section 19 Otherwise.
As part of the consideration process, Essex County Council will seek advice from parents/carer and a range of professionals, to determine the most suitable educational outcome for the child.
Referrals may be considered at the Section 19 Multi-Agency Panel.
If threshold is met, Essex County Council will commission appropriate support through one of our approved providers. Essex County Council will notify the school and provide advice on next steps.
If support is not agreed, Essex County Council will contact the school to confirm why the referral does not meet criteria. Essex County Council may offer the school further advice and/ or signpost the school to other agencies to ensure the child is receipt of an appropriate offer.
Completing a Section 19 Otherwise Referral
Download the Section 19 Otherwise Referral document (Word, 103KB) and email requests in word format to Section19@essex.gov.uk
For further guidance view the Section 19 Otherwise Guidance document (PDF, 213KB).
Further Information
Admissions – Admissions | Essex Schools Infolink
Attendance – Attendance | Essex Schools Infolink
Attendance Compliance– Attendance Compliance Team | Essex Schools Infolink
Children Missing Education – Children missing education (CME) | Essex Schools Infolink
Elective Home Education – Elective home education notifications | Essex Schools Infolink
Exclusions – Permanent exclusion | Essex Schools Infolink
Medical Referrals – Medical referrals | Essex Schools Infolink
Reduced Timetables – Provision and reduced timetables | Essex Schools Infolink
Request For Support – Request for support | Essex Schools Infolink
Suspensions - Suspensions | Essex Schools Infolink