Access Section 19 education for children out of school

We have a legal duty to provide suitable alternative education for children of compulsory school age who cannot attend school due to illness, exclusion or other reason. This is called Section 19 education.

Section 19 education is intended to be a short-term intervention. Its purpose is to:

• support pupils during periods when they cannot attend school.
• help them reintegrate into mainstream education or transition to a suitable long-term placement.

Criteria for Section 19 education

Permanent exclusion

If your child has been permanently excluded, the school will notify us.  We will contact you to arrange a meeting to explain the exclusion review process and the arrangements for your child's Section 19 education.

If your child has an Education Health and Care Plan (EHCP), the SEN Team will oversee your child’s education provision following a permanent exclusion.

Medical reasons

We do not have a duty to provide Section 19 education automatically when requested for medical reasons. We must first consider whether:

• the child is of compulsory school age
• the child is unable to access suitable education without intervention
• it is reasonably practicable for the child to attend their current provision

It is only when these criteria are met that we have a duty to arrange education for medical reasons. This decision is based on evidence provided by the school, professionals and family. 

Where possible, the pupil's health needs should be managed by the school with appropriate support, and without the need for council intervention. However, if your child continues to struggle to attend school and has missed 15 cumulative school days due to illness and cannot attend school:

• The school should work with you and any other professionals to submit a medical needs referral.
• Education may include home tuition, online learning, or small group provision.
• We commission the Medical Needs Education Provision Service for pupils unable to attend school due to medical needs.

Other reasons

If your child cannot attend school for other reasons, Section 19 may apply if:

• it is not reasonably practicable for your child to attend their current school, or
• they do not have access to a school place, and
• without us making arrangements, the child would not have access to suitable education

Read the Section 19 Policy and appendices for more information and before you make a request.

• Section 19 Education Policy 2025 and appendices

  Download this document: Section 19 Education Policy 2025 and appendices (PDF: 360 KB)

  This policy describes how the council will achieve its commitment and meet its duties under relevant legislation and guidance to provide alternative education provision under Section 19.

  First published: 1/10/2025

  Related documents

  • Appendix 1 - Pupils at risk of exclusion (quick guide) (PDF: 325 KB)
  • Appendix 2 - Permanent exclusion notification (school and professional use only) (DOCX: 202 KB)
  • Appendix 3 - Attendance identification tool (DOCX: 196 KB)
  • Appendix 4 - School attendance support plan (DOCX: 193 KB)
  • Appendix 5 - Medical needs referral form (school and professional use only) (DOCX: 83 KB)
  • Appendix 6 - Section 19 notification checklist (school and professional use only) (DOCX: 203 KB)

How to request Section 19 education

In the first instance, contact your child's school about completing the Section 19 notification checklist or medical needs referral - they are well placed to initiate the request.

If your child is not on a school roll or you feel we have a duty to provide Section 19 education for your child, email section19@liverpool.gov.uk - please submit as much supporting information as possible.

What happens next?

Referrals are reviewed by a multi-agency panel every two weeks. We will inform you of the outcome within 48 hours of the review.

If agreed, we will arrange an education planning meeting to decide the best provision and review arrangements.

If we decide that the council has a Section 19 duty, we will arrange suitable education provision as soon as possible.

If you are unhappy with the outcome

We are committed to making decisions about Section 19 provision in a fair and transparent way, in line with our statutory duties. If you disagree with the outcome of your referral you can raise your concerns:

Step 1: Contact the Section 19 team

Email section19@liverpool.gov.uk to discuss the decision. You should do this before making a formal complaint.

Step 2: Make a formal complaint

If the matter is not resolved, you can submit a formal complaint via 'Have Your Say'.

Step 3: Escalate to the Ombudsman

If you remain dissatisfied after completing our complaints process, you can contact the Local Government and Social Care Ombudsman for an independent review.