Introduction
Somerset Council is responsible for making sure that all its children and young people have access to high-quality education. The Somerset Children and Young People’s Plan 2024 to 30 sets out our vision for a child-friendly county where children are safe, happy, healthy and ready for adult life. The SEND Strategy supports this by making sure children and young people with special educational needs and disabilities get the right help at the right time.
Sometimes, a child cannot attend school because of illness, medical needs, exclusion, or other reasons. Under Section 19 of the Education Act 1996, the local authority has a duty to ensure these children continue to receive a suitable education, either full-time or as much as their circumstances allow.
Supporting inclusion in schools
Children and young people have asked that schools, colleges and education settings help them to feel more included and supported. This includes:
- Identifying needs early
- Reducing disruptive behaviour
- Increasing quiet spaces in schools and colleges
- Improving training on mental health and wellbeing for school staff
- Faster access to the right support
Our policy below explains how we meet our legal duty to provide education for children who cannot attend school after this support has been put in place. It sets out what support schools and families can expect.
Read more about how we support children and young people who cannot attend school and how schools, health professionals and families can ask for help.
Children with an Education, Health and Care Plan (EHC plan)
If you are worried about children and young people with an EHC plan not engaging in their education or at risk of exclusion, schools and professionals can visit the Somerset Inclusion Advice Line or parent carers can contact 0300 123 2224. They can arrange for advice and support through a specialist call-back or Team Around the Child meeting.
Permanent exclusion
When a school decides to permanently exclude a child, they must tell Somerset Council. If the child is a Child Looked After, the school must also tell Somerset Statutory Virtual School. This is known as “Notification of Permanent Exclusion”, and is part of the Section 19 request process. Notification must be served on the day on which the exclusion starts. The school is responsible for education provision for the first five days after the start of the permanent exclusion. The Council is responsible for the provision of alternative education arrangements from Day 6 of the permanent exclusion.
Schools that are worried about children and young people being at risk of permanent exclusion should visit Somerset Inclusion Advice Line.
Children with specific health needs
As far as possible, children and young people with specific health needs who are unable to attend school should receive the same range and quality of education as they would have experienced at their home school.
Schools must follow Somerset’s graduated response to support children and young people with specific health needs, making reasonable adjustments in line with their statutory duty.
In some cases, the school or a medical professional – in consultation with a parent or carer – may feel it necessary to request alternative education provision under the categories of “illness” or “otherwise”.
Otherwise support
Some children and young people who have not been permanently excluded and who do not have specific health needs may still need support under Section 19 in the category of “otherwise”. Reasons for this may include:
- School refusal or severe anxiety that prevents regular attendance.
- Bullying or safeguarding concerns making the school environment unsafe for the child.
- Breakdown in school placement due to persistent behavioural or relational issues.
- Pregnancy or parenting responsibilities impacting attendance.
- Special educational needs awaiting provision (for example, pending EHC plan placement) where mainstream school cannot currently meet needs.
Request for “otherwise” support under Section 19 will be considered on a case-by-case basis.
Completing a Section 19 support request
Section 19 support requests should be submitted by schools in Somerset using the official referral process. We encourage schools and families to complete a Section 19 request together. If a child is not currently on a school roll due to health needs, the lead professional should support the family in applying for a school place as the first step.
The form and guidance are being developed and will be published soon. This page and policy have been shared early so you can access the information before the form goes live.
Your request will be triaged centrally to identify the most appropriate support. If full Section 19 provision is needed, the multi-agency panel will make the decision.
We will let the school and parent carers know in writing if the pupil can get Section 19 support. This will happen within five working days after the panel meets.
Use of data
We use the details you give us to deal with your request and manage any follow-up.
We may also use the information to check how well our service is working and plan for the future.
Your information is always handled in line with data protection laws.
For more about how we use, store, and share your information, visit Somerset Council’s Privacy Notices.
Statutory guidance and information
- Guidance on the special educational needs and disability (SEND) system for children and young people aged 0 to 25 (SEND Code of Practice)
- The Equality Act 2010 and Schools guide contains DfE advice for school leaders, school staff, governing bodies and local authorities.
- The government’s national strategy for improving the lives of autistic people and their families and carers in England – Supporting pupils with medical conditions at school
- Implementation plan for 2021 to 2022 – National strategy for autistic children, young people and adults: 2021 to 2026