Part I

General
Chapter III

local authorities

Other arrangements for provision of education

Exceptional provision of education in pupil referral units or elsewhere : England
19
1
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.
1A
... Subsection (1) does not apply in the case of a child—
a
who will cease to be of compulsory school age within the next six weeks, and
b
does not have any relevant examinations to complete.
In paragraph (b) “
relevant examinations
” means any public examinations or other assessments for which the child has been entered.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2B
Any school established in England (whether before or after the commencement of this Act) and maintained by a
local authority
in England
which—
a
is specially organised to provide education for such children, and
b
is not a community or foundation school, a community or foundation special school, or a maintained nursery school,
shall be known as a “pupil referral unit”.
3
A local authority in England may secure the provision of boarding accommodation at any pupil referral unit.
3A
... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—
a
full-time education, or
b
in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.
3AA
A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.
3B
Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1)
must be provided from a day that, in relation to the pupil concerned, is determined in accordance with
the regulations
.
4
A local authority in England may make arrangements for the provision of suitable . . . education otherwise than at school for those young persons 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.
4A
In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a
local authority
shall have regard to any guidance given from time to time by the Secretary of State.
5
Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.
6
In this section—
- “
relevant school
” means—
  1. a maintained school,
  2. an Academy,
  3. a city technology college, or
  4. a city college for the technology of the arts;
- “
suitable education
”, in relation to a child or young person
in the area of a local authority in England
, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have
and in relation to a child or young person in the area of a local authority in Wales, means efficient education suitable to the child's or young person's age, ability and aptitude and to any additional learning needs the child or young person may have
(and “suitable full-time education” is to be read accordingly).
7
Schedule 1 has effect in relation to pupil referral units maintained by a local authority in England.
Words in s. 19(1) and (4) repealed (1.9.1998) by 1997 c. 44, ss. 47(2)(3), 57(4), Sch.8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV
S. 19(4A) inserted (1.9.1998) by 1997 c. 44, s. 47(4); S.I. 1998/386, art. 2, Sch. 1 Pt.IV
S. 19 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(c)(10), 162 (with s. 159)
S. 19(2A)(2B) inserted (2.7.2007) by The Education Act 1996 (Amendment of Section 19) (England) Regulations 2007 (S.I. 2007/1507), regs. 1, 2
S. 19(3A)(3B) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(2), 188(3); S.I. 2007/1801, art. 4(g)
S. 19(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(3), 188(3); S.I. 2007/1801, art. 4(g)
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
S. 19(3A) modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 6(2) (with art. 5)
Words in s. 19(3B) substituted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(4)(a), 29(5) (with s. 27); S.I. 2011/1100, art. 2
S. 19(1A) inserted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(2), 29(5) (with s. 27); S.I. 2011/1100, art. 2
S. 19: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)
Words in s. 19(3B) substituted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(4)(b), 29(5) (with s. 27); S.I. 2011/1100, art. 2
S. 19(3A)(3AA) substituted for s. 19(3A) (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(3), 29(5) (with s. 27); S.I. 2011/1100, art. 2
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
Words in s. 19(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(6) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(7) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Word in s. 19 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
S. 19(2)(2A) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(4) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(9) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(7) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(10) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(3A) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(8) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(1A) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
Words in s. 19(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(7)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
Words in s. 19(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(7)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3