Children out of education
If your child is out of education
This page is for parents and carers of children and young people who are not currently in education, whether or not they have an Education, Health and Care Plan (EHCP).
Why this matters
All children of compulsory school age have a right to receive a suitable education. If your child is not attending school, it is important to understand:
- what the law says
- who is responsible
- what options may be available
Legal Duties of the Local Authority
Under Section 19 of the Education Act 1996, local authorities must:
- find out why a child is not receiving education.
- make arrangements for suitable alternative education if needed.
This applies to children of compulsory school age (usually 5 to 16 years old) who, due to illness, exclusion or other reasons, are not receiving suitable education.
What is ‘suitable education’?
The law says that children must receive an education that is:
- right for their age, ability, and aptitude
- meets any special educational needs they may have
This is called suitable education. It should help your child learn and make progress in a way that works for them.
In most cases, suitable education should be full-time. However, if your child’s health means full-time education isn’t appropriate, the local authority may arrange part-time education instead.
Suitable education can take place at school or somewhere else, for example, at home, in hospital, or in another setting arranged by the local authority.
When must the LA act?
If your child is not receiving suitable education, the local authority has a legal duty to act. This applies when your child is:
- of compulsory school age (usually 5 to 16 years old)
- unable to attend school for 15 days or more (these do not need to be in a row)
- not receiving suitable education elsewhere
This could be due to:
- illness (including mental health)
- exclusion (permanent or otherwise)
- no suitable school place available
- other reasons that prevent attendance
The local authority should consider your child’s individual circumstances and arrange education that meets their needs.
What can alternative education look like?
If your child cannot attend school, the local authority may arrange education in a different way. This is called alternative provision and could include:
- tuition at home or in another setting
- online or virtual learning
- hospital education
- support focused on life skills or therapeutic needs
The type of education should reflect your child’s individual needs and circumstances and should be regularly reviewed.
If your child has an EHCP
If your child has an Education, Health and Care Plan (EHCP) and is out of education:
- the local authority is still responsible for making sure the special educational provision in the EHCP is delivered.
- if school is not suitable, the EHCP may be updated to include alternative arrangements, such as EOTAS. EOTAS is Education Otherwise Than At School and is a formal legal arrangement written into the EHCP and it means your child would not be on roll at a school.
You can discuss this at an annual review or request an early review if needed.
What the Ombudsman says
The Local Government and Social Care Ombudsman published a report called Out of School, Out of Sight? which raised concerns about children missing out on education.
The report found that:
- some children were left without education for long periods.
- some received too few hours of tuition.
- families were sometimes told the school was responsible, when it was actually the local authority’s duty.
The report highlights the importance of clear communication and timely action.
What you can do
If your child is out of education, you may wish to:
- contact your local authority to discuss what support may be available
- keep records of communication and decisions
- request an early annual review if your child has an EHCP
- ask about EOTAS if school is not suitable
- contact your local SENDIAS service for impartial information
