First Step to Securing Alternative Provision (even without an EHCP)
When school isn’t working — whether because of illness, exclusion, anxiety, burnout, or trauma — children can quickly end up without any access to education. Parents are often told to “wait and see” or that “nothing can be done until there’s an EHCP.”
But the law is clear: local authorities have an absolute duty under Section 19 of the Education Act 1996 to provide suitable full-time education (or as much as a child’s health allows) for any child of compulsory school age who cannot attend school “by reason of illness, exclusion, or otherwise.”
This duty applies whether or not your child has an EHCP.
What is Section 19?
Section 19 EA 1996 places a legal responsibility on local authorities to step in and arrange education when a child cannot attend school.
Key points:
The duty is immediate — the LA cannot delay until an EHCP is agreed.
It applies after 15 school days of absence (whether consecutive or cumulative) or as soon as it’s clear this threshold will be met.
Provision must be “suitable” — meaning it matches your child’s age, ability, aptitude, and SEN.
It must be available, possible, and accessible in practice (Kent [2007]; Wolverhampton [2017]).
How to make the request
Step 1: Write to the Director of Children’s Services at your local authority.
Step 2: State clearly that you are giving formal notice of the duty under Section 19 Education Act 1996 to arrange suitable education.
Step 3: Explain why your child cannot attend (illness, exclusion, anxiety, trauma, unmet SEN).
Step 4: Set out what would not be suitable (e.g. online-only provision, minimal tuition) and what you believe would be (e.g. small, interest-led, sensory-friendly, therapeutic).
Step 5: Attach any supporting evidence you have (e.g. school records, GP/CAMHS letters, your own observations).
Step 6: Keep a copy for your records.
Common pushbacks from LAs
Parents often hear:
“We can’t do anything until there’s an EHCP.”
“We’ll put it to the medical needs panel.”
“The school needs to use its budget first.”
⚠️ These are not valid excuses. The duty rests with the local authority, not the school, and it applies immediately. A medical needs (or similar) panel is just one possible route — it does not remove the Section 19 duty if that panel refuses or offers unsuitable provision.
What happens next?
Once you’ve made the request, the LA must confirm what alternative education they will arrange, when it will start, and how it will be suitable.
If they refuse or delay, you can escalate through a formal complaint.
Free Download – Parent Guide & Template
We’ve created a free downloadable guide and letter template to help you make your request. It includes:
A step-by-step parent guide to making a Section 19 request.
A ready-to-use letter template you can adapt for your child’s situation.
Clear explanations of the legal duty and what counts as “suitable.”
Practical tips on dealing with LA pushback.
Final word
You don’t need to wait for an EHCP. You don’t need the school’s permission. You don’t even need a mountain of professional evidence.
If your child cannot access education, the law is on your side — and Section 19 is there to make sure they are not left without.
