Q:

Section 19 Education Act 1996: What counts as 'suitable education' to be put in place if child cannot attend school? EHCP in place but not ...

Section 19 Education Act 1996: What counts as 'suitable education' to be put in place if child cannot attend school?
EHCP in place but not appropriate and under mediation/appeal, still naming school child cannot attend.
Professional reports available that state that education in school setting is not suitable and that specify suitable provision.
However, the LA have not arranged provision whilst child out of school as per s19 (for 2 years), and school (receiving high needs EHCP funding) are only arranging 1 formal lesson per week, and none of the other suitable provisions backed up by the professional reports.
Can this be viewed as insufficient provision (by LA and school), and/or as school failing the best endeavour duty?

AH

Anke Hendricks
16 Feb 2023

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A: SenseCheck

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  • 31 Mar 2023
  • Yes

    Simple

    The Noddy Guide has been expanded to (amongst other things) include more information about EOTAS - which is most welcome!

    The following may be of assistance:

    New content on EOTAS:

    Can I find the latest updates to the Noddy No-nonsense Guide to SEN law?

    On the issue of 'suitable education':

    09.339 Is the LA’s duty to provide suitable education under EA 1996 s19 the same as EOTAS under CFA 2014 s61?

    Sean Kennedy

    Sean Kennedy
    Talem Law