Your local authority (LA) has this duty, even if your child is on their school’s register. 

The law says that “Each local authority in England 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.” This is set out in section 19 of the Education Act 1996.

Statutory guidance also confirms that this duty on your LA “applies whether the child is on the admission register of a school or not and whatever type of school they attend." You can find this on page 18 of the Alternative provision guidance. Your LA should follow this guidance unless there is a good reason not to.

The guidance also says as soon as it is clear a school can no longer support a child’s health needs and provide suitable education, then the school should speak to the LA about putting alternative education in place. This is on page 22.

For more information on:

  • the LA’s duty to secure alternative education, please see our alternative education for children who cannot attend school page.
  • what action schools need to take when a child is missing school due to illness, please see our illness page.
  • what steps you can take if your child is unable to attend school due to mental health difficulties such as school anxiety, please see our school anxiety page.