Understanding Section 19 Policy for Children's Education Provision
Exploring the significance of Section 19 Policy for children of compulsory school age who are unable to access education due to various reasons like illness or exclusion. The policy outlines legal duties of Councils in ensuring suitable provision for such children and highlights the process of arrangement and considerations involved.
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Presentation Transcript
Section 19 Policy Draft Information for schools and consortia on the draft Policy, consultation and governance PAGE 1
Why do we need a Section 19 Policy? When a child of compulsory school age is unable to access their educational setting due to illness, exclusion or otherwise, the Council must consider whether it has a duty under section 19 of the Education Act 1996 to make suitable provision for them The Section 19 policy outlines the Council s legal duties to children of compulsory school age who for by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them. When a child of compulsory school age is unable to access their educational setting due to illness for 15 days or more, whether consecutive or cumulative, their educational setting must notify the Council s named officer responsible for the education of children with additional health needs. The Council will carefully consider the referral and determine whether its duty to secure suitable alternative provision has arisen. A decision will be communicated to the school and parents within 5 working days of receiving the notification. If children are suspended from school for more than five school days or are permanently excluded from school, suitable full-time education must be arranged no later than the sixth school day following the suspension or exclusion Apart from illness and exclusion, there may be other reasons why a child cannot reasonably attend their education setting. Consideration needs to be given to the specific factors in each case to determine if the Council s duty under section 19 of the Education Act 1996 to arrange suitable alternative education arises. If the child has an EHCP, the view of the SENAR service on the suitability of the alternative provision proposed should be sought before any provision is arranged. PAGE 2
Suitable Provision Where possible, the child s health needs should be managed by their school so that they can continue to be educated there with support, and without the need for the intervention of the Council. Parents also have a vital role to play, and schools should have a publicly accessible policy that sets out how schools will support children with health needs including a named person who can be contacted by the Council and by parents. Children unable to attend school because of health needs should be able to access suitable and flexible education appropriate to their needs. If a child is unable to attend school due to illness, provision will be arranged through James Brindley Academy (JBA) If a child is unable to attend school due to a permanent exclusion, education will be arranged for them at City of Birmingham School (COBS) which is the Council s PRU. If a child is unable to attend their school for other reasons and the Council accepts its section 19 duty has arisen, the Council will arrange suitable alternative provision through JBA or COBS. If the child has an EHCP, the view of the SENAR service on the suitability of the alternative provision proposed will be sought before any provision is arranged. Where provision through JBA, or COBS is not deemed an appropriate provision for whatever reason, the Council will make alternative arrangements. This may include: Access to an alternative provision Access to home tutoring arranged through a provider approved by Birmingham City Council e.g. the Council s Home Bridging Team. Access to on-line learning either through the school where the child is registered or through an approved online school. PAGE 3
Next Steps SLA with JBA to include Section 19 duties SLA with COBS to include Section 19 duties Named officer responsible for the education of children with additional health needs LA contact for children who are absent from school for other reasons Consultation with schools Consultation with parent/carer groups BCC governance to sign off policy Roll out of final policy to all schools PAGE 4
Consultation A draft policy has been written in conjunction with SEND services and School Admissions with input from legal services This will be circulated with minutes of Fora and on the school noticeboard We would like to take it to wider consultation with closing date for comments 1st of July: Who Starting from Special Heads Forum 29 April 2024 Secondary Heads Forum 16 May 2024 Primary Heads Forum 24April 2024 MATs CEO group April Parent/Carer group May PAGE 5
Governance Alongside consultation, the policy will follow BCC governance process for sign off: 1stdraft to CSLT for comments 22February 2024 1stDraft to CMB for comments 7March 2024 Legal and finance sign off March 2024 Final draft following consultation to CSLT August 2024 Final policy after consultation to CMB 10thSeptember 2024 PAGE 6
