Arrangements for providing suitable education for children unable to attend school - 2. The local Section 19 offer in Bracknell Forest

This section provides an overview of Bracknell Forest Council's (BFC) offer for children and young people (CYP) who require a Section 19 response under the 3 identified categories.

If a child has been permanently excluded from school, the council must arrange alternative education from the sixth school day following the exclusion, although it may start sooner. 

This is in line with the Local Government and Social Care Ombudsman ‘Out of School, Out of Sight?’ 2022. It is also referred to in the Department for Education's (DfE) Alternative Provision Statutory guidance for local authorities.

Provision of education for permanently excluded pupils is delivered by Cranbury College for Key Stage 3 and 4 pupils which is commissioned to provide a council wide service offer. 

For Key Stage 1 and 2 pupils that are permanently excluded, the BFC inclusion team and commissioning team will work closely with the excluding school to put in place an interim education offer.

Cranbury College is commissioned to arrange and provide a suitable education, which includes tailored to the individual needs of the children and young people. 

It is critical that mainstream schools provide Cranbury College with detailed information about the needs of the child and young person and the support that has already been put in place through the graduated approach.

Following permanent exclusion, Cranbury College, supported by the local authority and wider agencies, are responsible for enabling the child or young person to reintegrate back into a sustainable education place. 

In exceptional circumstances, where a CYP in receipt of an EHCP is excluded from a specialist education provision and where Cranbury College are unable to meet the specific needs identified in that CYP’s EHCP without additional support, the statutory SEND department and commissioning team will work closely with the excluding school to put in place an interim education offer.

Schools in Bracknell Forest should read this policy alongside the statutory guidance for ‘supporting pupils at school with medical conditions’ 2015, the Children and Families Act 2014 and the SEND Code of Practice 2015, which highlight their legal duty to ‘support pupils with medical conditions’. Prior to requesting that Bracknell Forest Council considers the need for alternative education provision for a child with identified needs relating to illness, schools should refer to their own medical needs policy (as required by the statutory guidance) and consider seeking advice from health professionals, including Bracknell Forest’s designated clinical officer (DCO). 

The DCO’s email address can be requested from access to education – accesstoeducation@bracknell-forest.gov.uk.

If a child is unable to attend school because of illness, the council must make alternative arrangements once the child has been absent for 15 days, either consecutively or cumulatively. The council must consider the individual circumstances of each child and take account of any medical evidence or advice when deciding what arrangements to make. This is in line with the Local Government and Social Care Ombudsman ‘Out of School, Out of Sight?’ 2022.

In Bracknell Forest there is a single approach for CYP requiring a Section 19 response under the category of illness, making sure that we adhere to the statutory guidance ‘Arranging education for children who cannot attend school because of health needs 2023’. In relation to this cohort of CYP, BFC adopts an agile response to understanding needs and reaching a decision point as required by DfE guidance1:

‘LAs must not follow an inflexible policy of requiring medical evidence before making their decision about alternative education. LAs must look at the evidence for each individual case, even when there is no medical evidence, and make their own decision about alternative education.’

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  Quote from the DfE's: Responsibilities where mental health issue is affecting attendance February 2023.

For those that meet eligibility for Bracknell Forest’s Section 19 Service ‘core offer’, the access to education team (A2E) will deliver the education provided by the school through levels of service (targeted, complex and reintegration).

For those CYP who’s needs do not meet the A2E ‘core offer’ admissions criteria, a universal service is implemented by the A2E team.

A2E is a short-term provision providing educational support for children and young people of compulsory school age on the roll of a school in Bracknell Forest (or where BFC maintains their EHCP) who, due to illness, require suitable alternative arrangements for their education whilst unfit to attend their home school. 

This may be following an admission onto a local children’s ward or through a referral by a school supported by a GP, paediatrician or CAMHS care coordinator to the A2E team.

A2E has a clear admissions criterion which requires the referral to be supported by the medical professional responsible for the ongoing treatment. This enables ongoing advice and guidance for A2E to enable them to build the right educational provision around a CYP’s health needs.

A2E can be referred to directly by a medical professional with oversight for the treatment of a diagnosed illness.

Where a CYP does not meet admissions criteria, BFC will work closely with multi-agency partners with relevant expertise to ascertain the most appropriate package of support.

As part of this process, BFC will consider the individual circumstances of each CYP, including how the host school has provided support through a graduated response and what reasonable adjustments have been put in place to support the CYP to attend school, such as a reduced timetable or access to a school’s pastoral unit. 

BFC will also consider any medical evidence or advice when deciding what arrangements are required to fulfil a suitable education.

‘Otherwise’ is a broad category which covers circumstances other than illness or exclusion in which it is not reasonably possible for a child to take advantage of any existing suitable schooling. In all cases, councils must consider the individual circumstances of each particular child and be able to demonstrate how they made their decisions. They must take account of all available evidence and record the reasons for their decisions. They may need to make decisions in cases where they do not have all the evidence they would like.’ This is in line with the Local Government and Social Care Ombudsman ‘Out of school, out of sight?’ 2022. 

‘Otherwise’ (as opposed to illness or exclusion) is intended to cover any other situation in which it is not reasonably possible or reasonably practical for a child to access and take advantage of any existing suitable schooling. BFC will only provide education under the ‘otherwise’ category if it assesses that it is not possible for a child to receive a suitable education at their current school. In these circumstances, it is expected that the host school would have provided support through the graduated response which entails the 4 stages of assess, plan, do, review and that initial assessments will have taken place. 

‘Otherwise’ consists of several scenarios which are explained below.

Scenario 1: When a pupil has had 10 or more continuous days of unauthorised absence.

Schools have a legal responsibility under Regulation 12 of the ‘Education (pupil registration) (England) regulations 2006’ to make the local authority aware when a pupil has been absent for 10 or more continuous days of unauthorised absence, and it is anticipated that the absence will continue past 15 continuous days.

Scenario 2: Where a pupil has been absent for a continuous or cumulative period of 15 school days (authorised or unauthorised) and where the reason for absence is connected.

Section 19 of the Education Act 1996 requires that the LA assess whether it needs to provide education for these authorised absences. A section 19 response for those CYP with unauthorised absence is only required where a school decides it is not appropriate to pursue a legal attendance route. 

For both authorised and unauthorised absences in scenario’s 1 and 2, BFC will assess whether S19 education provision should be arranged on a case-by-case basis and will communicate with the school their decision and reason.

For scenarios 1 and 2, BFC will check that a school has looked at and put in place all other reasonable alternatives for providing the pupil with a suitable and full-time education, which is likely to include:

• reasonable adjustments and alternatives such as appropriate interventions
• changes to the timetable - where appropriate
• the provision of an alternative curriculum

BFC will only arrange education under the ‘Otherwise’ category if we assess that it is not possible for a child to receive a suitable education at their current school, and where arrangements are made the host school will be required to keep the pupil on roll and retain safeguarding responsibilities.

Scenario 3: When a pupil is not on a school roll (or being electively home educated (EHE)) after the 15th day.

The LA has responsibility for arranging suitable education after day 15 for children who are missing education (CME). This means they are not on roll of a school and are not electively home educated. 

Parents should read this policy for a CYP not on a school roll alongside BFC's school admissions policy, which provides details of how a parent or guardian can meet their statutory duty outlined in Section 7 of the Education Act to secure an education for a child of compulsory school age. Further support or guidance can be provided by BFC's admissions team - school.admissions@bracknell-forest.gov.uk.

If the LA does arrange and provide education under scenario’s 1, 2 or 3, it is doing so under the guidance provided in the DfE guidance 2013 and 2023. The provision should be short-term, with a view to the child being re-integrated at the earliest opportunity back into their home school, or for CYP missing education (scenario 3), being allocated a suitable and permanent school place. 

Where BFC does arrange alternative education for these cohorts of CYP, it may request their home school provides the appropriate funding for any provision so that the principle of the ‘funding following the child’ is applied.

Scenario 4: When a pupil with an EHCP is not receiving appropriate provision. 

If it is inappropriate for the provision outlined in the EHCP plan to be made in a school (or as part of the electively home educated offer), the statutory SEND Service may decide to arrange and provide for a child an education other than at school (EOTAS) package under S61 2014 Children and Families Act.

BFC may only arrange EOTAS provision if it is satisfied that it would be inappropriate for provision outlined in a child’s EHCP Plan to be made in school (or as part of the electively home educated offer), in consultation with a child’s parent. To determine whether it would be inappropriate for provision to made in a school, BFC will take account of the circumstances of the case which would include:

• the child’s background and medical history
• the particular educational needs of the child
• facilities that can be provided by a school and otherwise than at a school
• the comparative costs of alternative provisions
• the child’s reaction to the provisions
• the parents’ wishes
• any other particular circumstances that might apply

Scenario 5: When a pupil with an EHCP does not have a school place.

If a child with an EHCP is not on roll at a school (and isn’t being suitably electively home educated), the statutory SEND service may decide to arrange exceptional provision for them under S42 2014 Children and Families Act.

In Bracknell Forest, the assistant director of education and learning is the named officer with oversight for CYP with additional health needs. 

The named officer will be accountable for undertaking periodic, thematic reviews to identify and systemically respond to cohorts of CYP requiring access to alternative education provision. 

These reviews will be a shared responsibility with the designated clinical officer (Integrated Care Board) and the designated social care officer (local authority).