Understanding Section 19

Section 19 refers to a part of the Education Act published in 1996. It is all about the local authority’s legal responsibility to make sure children have access to suitable full-time or part-time education, either in or outside of school.

Specifically, it is about providing education for those children who are regularly missing school, either due to exclusion, health concerns (including mental health), or other reasons which may affect short-term access.

Understandably, parent carers may feel concerned that their child is unable to attend full-time learning. There are, however, things that Birmingham City Council and Schools do to make sure such children and young people get the most out of their education.

Below, you will find resources on Section 19. This includes a guide for parent carers, details on the referral process, and a webinar going into lots of detail about Section 19 in Birmingham, as it relates to medical needs. There is also a second parent carer guide on Emotionally Based School Non-Attendance, or EBSNA for short.

The section 19 process is not a replacement or in place of an EHCP process and cannot change placement for children with an EHCP.

Section 19 is a short term provision to support and enable the return of the child to their on roll school

Section 19 does not reject any referral, multi outcomes are possible as a result of a referral and the school can continue to work with section 19 following outcomes to provide support.

Guides for Parent Carers 

The following guides provide further information on the section 19 process, and the things that schools and parent carers can do to support their children who are unable to attend school. 

If your child is unable to attend school because of anxiety, stress or any other emotional reason, please refer to the EBSNA guide below. If, instead, their attendance is impacted by exclusions from school or a health concern, then further details can be found in the standard section 19 guide.

EBSNA Parent Carer Guide
Section 19 Parent Carer Guide

Section 19 Referrals

1. Consider Schools Support

Have you followed Support First approaches and considered attendance legal intervention?

2. Collect Your Evidence

Ensure that you have all supporting evidence, including the parent and child voice, and that you have discussed the referral with the family.

3. Submit Referral Using Online Form

Please note: there is a maximum file size for attached documents. Once the form is complete, additional documents can be emailed to section19@birmingham.gov.uk using the referral number.

4. Panel Date Information

The section 19 team will email you confirming the date of the panel. This may not be the same week as your submission due to volume. We will email you with the outcome of the panel within 15 term-time working days of your panel date. Do not chase an update before this.

5. Actions Post Outcome

You must communicate with the family. We will only respond to the school as the referrer. Please note school actions and use them as part of a reintegration plan with the family. Review the plan regularly with a gradual increase over time. Where further support may be needed, a new referral can be submitted after a minimum 2-month period.

1. Referral Received Into Inbox

Referral details transferred to tracking document and assigned panel date. Email confirming panel date sent to school.

2. Week of Panel Date

All supporting evidence is transferred to secure sharing, and documents for this week’s panel are shared with all panel members.

3. Panel Date

Panel meeting held, and each referral is discussed with supporting evidence and additional information from panel members is considered. 1 of 5 outcome options agreed on by panel.

4. Post Panel Actions

The Inclusive Pathways team responds to the school with the panel outcome within 15 term-time working days of the panel date. Outcomes for JBA referral, AV1 use and other support provision logged onto tracking documents and relevant information sent onwards.

5. Actions Post Outcome

6-week and 3-month follow-up with JBA, AV1 and other support services, with review to either closure, continuation or new referral recommended to the school.

Need this information on the go? Download the full Referral Guide

Webinar: Section 19 Process for Medical Needs