Education Act 1996

Changes over time for: Section 19

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Point in time view as at 25/09/2022.

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Education Act 1996, Section 19 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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19 Exceptional provision of education in pupil referral units or elsewhere [F1: England] E+W

(1)Each [F2local authority] [F3in England] shall make arrangements for the provision of suitable F4. . . 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.

[F5(1A)F6... 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.]

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7[F8(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) Any school established in England (whether before or after the commencement of this Act) and maintained by a [F2local authority] [F9in 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 [F2local authority] [F10in England] may secure the provision of boarding accommodation at any pupil referral unit.

[F11[F12(3A)F13... 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)[F14Regulations 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 [F15the regulations] .]

(4)A [F2local authority] [F16in England] may make arrangements for the provision of suitable F4. . . 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.

[F17(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a [F2local 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.

[F18(6)In this section—

“relevant school” means—
(a)
a maintained school,
(b)
an Academy,
(c)
a city technology college, or
(d)
a city college for the technology of the arts;
“suitable education”, in relation to a child or young person [F19in 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 [F20and 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).]