The law says all children have a right to education. How they receive an education can vary. Most children and young people get their education in a school setting.

Some parents/carers choose to electively home educate their children. This means they are responsible for providing a suitable education that happens outside of an established school.

What this looks like and how it is done is not specified in law. This guidance may be helpful. Elective home education: Guidance for parents. 

Children must get an education between the school term after their 5th birthday and the last Friday in June in the school year they turn 16.

School attendance

There is government guidance about attendance at school (see links below). All schools will have a policy that gives parents information about what to do if their child cannot attend school. This will usually cover acceptable reasons for not attending and who and when to contact the school if your child cannot attend. You can find information in this guidance from the Department of Education Working together to improve school attendance.

Attendance & chronic illness

Some health conditions result in children and young people missing school. Schools and local authorities have responsibilities for ensuring that children with medical needs have their right to education protected. It is important for parents/carers and the student, where appropriate, to discuss their medical needs with school. This will help school staff better understand how the medical condition affects the child. By working together, plans can be put in place of education during periods of absence. 

All schools should have a medical needs policy. This policy should say who is responsible for overseeing the arrangements and care for students with medical needs. It will also detail how medicines are stored and managed. It should outline emergency procedures and systems for informing staff of the specific needs of students. Most students with a chronic health condition will benefit from an Individual Health Care Plans (IHCP).

The local authority has a duty under section 19 of the Education Act 1996 to arrange suitable and normally full-time education for compulsory aged children and young people who cannot attend school because of exclusion, illness, or other reasons, would not receive suitable education without such provision. 

This is often referred to as Section 19 provision.

In practical terms this means if a student is unable to attend school for an extended period due to their health needs and school cannot make suitable provision, the local authority must make provision. This may be tuition at home or referral to a suitable alternative provision such as a hospital school or medical needs AP. You can find out more in this guidance from the Department of Education. Arranging education for children who cannot attend school because of health needs.

Your local authority should have clear information on their website explaining how the provision in your area is organised and how a referral should be made. If you are unable to find or understand the information available, you can contact your local Information and Advice and Support Service. They are an impartial service, there to support and guide parents/carers to get up to date and legally correct information and advice. Your local service will be listed here.