Section 19 Exceptional provision of education in pupil referral units or elsewhere : EnglandF21C1C2

Each F1local authority F2in England shall make arrangements for the provision of suitable F3. . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

F5... Subsection (1) does not apply in the case of a child—

In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.

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 Any school established in England (whether before or after the commencement of this Act) and maintained by a local authority F8in England which—

shall be known as a “pupil referral unit”.

A local authority F9in England may secure the provision of boarding accommodation at any pupil referral unit.

F12... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—

A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.

F13Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with F14the regulations .

A local authority F15in England may make arrangements for the provision of suitable . . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a local authority shall have regard to any guidance given from time to time by the Secretary of State.

Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.

In this section—

• “relevant school” means—

  1. (a)

     a maintained school,

  2. (b)

     an Academy,

  3. (c)

     a city technology college, or

  4. (d)

     a city college for the technology of the arts;

• “suitable education”, in relation to a child or young person F18in the area of a local authority in England, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have F19and in relation to a child or young person in the area of a local authority in Wales, means efficient education suitable to the child's or young person's age, ability and aptitude and to any additional learning needs the child or young person may have (and “suitable full-time education” is to be read accordingly).

Schedule 1 has effect in relation to pupil referral units F20maintained by a local authority in England.