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Increasing amounts of children across England are missing education for extended periods*, yet many families don't know that their local authority has a legal duty to help. A new guide from the Local Government and Social Care Ombudsman aims to help local authorities make better decisions when deciding whether and how to support children who are unable to attend school.
In October 2025, the Local Government and Social Care Ombudsman published its good practice guide, Supporting Children Out of School. The guide supports local authorities by outlining their legal obligations when a child is unable to attend school. It is hoped this will improve the experience of families with children missing education.
Rise in complaints
The Ombudsman guide begins by noting a significant rise in complaints about the out of school provision. This increase is linked to factors like anxiety, disrupted attendance patterns since COVID-19 and the growing pressures on the Special Educational Needs (SEN) system, leading to delays in accessing specialist support.
Collectively, these pressures mean more children are out of school for extended periods, leaving families uncertain of their rights. The guide responds to an urgent need for greater clarity and better practice across the system.
Understanding section 19 duties
Under section 19 of the Education Act 1996, local authorities must arrange a suitable alternative provision education for children of compulsory school age who cannot attend school. This can be due to reasons such as exclusion, illness or other circumstances. The guide uses complaint findings to show common problems and explains what local authorities should do to prevent children being left without education.
Key themes in Ombudsman’s findings
The Ombudsman’s guide highlights key themes seen in cases where councils need improvement in their approach to children missing education.
Being decisive
Firstly, the guide encourages local authorities to be decisive and timely in determining whether a section 19 duty applies.
Several key steps are recommended to help make decisions decisively including:
- When a child is out of school local authorities should make enquiries to decide whether the child needs alternative provision. The Ombudsman is critical of local authorities who wait for schools to make referrals instead of enquiring where a child is missing education.
- If a local authority requests medical evidence to support the absence it should account for any challenges a parent might have in obtaining evidence, such as long waiting lists for mental health services, and keep an open mind about any evidence received.
- Local authorities should provide a clear written record of its decision, explaining whether it considers the duty to put alternative arrangements in place applies and how it has come to the decision. Parents should be advised of how to complain if they disagree with the decision.
Person-centred
Secondly, there is emphasis on person-centred planning when arranging an alternative provision. The local authority should consider each child’s individual needs, including medical or other barriers to full-time attendance. There should be a record of decisions in writing with professional input.
The expectation is that alternative provision should be full time (22-25 hours a week), but if one-to-one tuition is provided fewer hours might be appropriate given the intensity.
If a child has an Educational Health and Care plan (EHC plan) the local authority must consider what support in the plan can still be delivered whilst the child is out of school.
The report confirms that the Ombudsman expects local authorities to be able to show how they have considered a child’s needs and decided what provision to make.
Communication
Thirdly, the guide stresses the importance of clear and effective communication with parents and relevant professionals. Local authorities should keep parents informed about decisions, working with schools, health professionals, educational psychologists and council teams, sharing information ensures that the alternative provision meets the child’s needs.
Summary
The report therefore emphasises that:
- Local authorities must provide alternative education when a child is unable to attend school
- Local authorities should account for any challenges a parent might have in obtaining evidence to support the absence, such as long waiting lists for mental health services, and keep an open mind about any evidence received.
- Decisions should be made promptly and in writing.
- Provision should be tailored to the child’s individual needs;
- If a child has an EHC plan the support in the plan should continue to be provided whilst out of school as far as is possible; and
- Parents should be informed how to challenge any decisions made.
Seeking help and legal advice
While this guide should help improve practice nationally, parents in Merseyside who are concerned that their child is out of school and not receiving suitable education should seek legal advice. If the matter is urgent, as may well be the case if a child is out of school, it may be appropriate to challenge any failure by judicial review. The University’s Law Clinic has a Special Educational Needs advice service and, in some instances, can support parents to write to the local authority to request support is put in place.
Legal aid may also be available for individuals who meet the eligibility criteria, further information about which can be found on the GOV.UK website.
Blog written by Meryem Zurel, a University of Liverpool Law School student SEND advisor, and James Betts, a solicitor at the University of Liverpool Law Clinic.
*Source: Chidren's Commissioner website