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Section 19 of the Education Act 1996 and section 3 of the Children, Schools and Families Act 2010, place local authorities under a duty to arrange full-time education for all children who, for reasons which relate to illness, exclusion or otherwise, would not receive suitable education unless arrangements are made for them.
Section 19 covers situations where there exists at least one suitable school which for one reason or another child is unable to attend:
Illness, if it prevents a child from attending a particular school, is likely to prevent the child from attending any school - in such a situation Section 19 requires local authorities to arrange provision ‘otherwise than at school’.
Exclusion prevents child from attending a particular school – in that situation Section 19 requires local authorities to make provision ‘at school or otherwise than at school’.
'Otherwise’ is intended to cover any other situation in which it is not reasonably possible for a child to take advantage of any existing suitable schooling.
Dudley Local Authority's Procedures and Practices Statement can be found below: