Medical needs policy

Overview

Introduction

The responsibility to provide for children and young people with an education suitable for their age ability and aptitude falls upon all stakeholders, including:

  • parents
  • the local authority
  • support agencies
  • health colleagues
  • education providers

Lincolnshire Children's Services deliver the duties set out in statute, by working in partnership with:

  • parents
  • maintained schools
  • academies
  • their governing bodies or board of trustees
  • independent settings
  • health professionals

This policy sets out:

  • the role of schools
  • how we will fulfil our statutory duty to provide full-time education for children and young people of compulsory school age who, because of illness, would not receive suitable education

It applies to all children and young people of statutory school age whether or not the child or young person is on the roll of a school.

Legal framework

Section 100 of the Children and Families Act 2014 requires schools to support pupils with medical conditions. This duty applies to:

  • governing bodies of maintained schools
  • academy proprietors
  • PRU management committees

Statutory guidance 'supporting pupils at school with medical conditions', has been produced by the DfE to assist schools in understanding and implementing this legislation. Additional guidance 'arranging education for children who cannot attend school because of health needs', sets out how schools can best support children who cannot attend school because of physical or mental health needs.

Section 19 of the Education Act 1996

Under Section 19 of the Education Act the local authority (LA) is responsible for providing suitable education, either at school or through alternative means, for children of compulsory school age. This includes those who may not receive appropriate education without such arrangements due to:

  • illness
  • exclusion from school
  • other reasons

Suitable education is defined as, "efficient education suitable to the age, ability, aptitude and to any special educational needs" the CYP may have.

The courts have considered the circumstances where the Section 19 duty applies. Case law has established that an LA will have a duty to provide alternative education under Section 19 if there is no suitable education available to the child which is “reasonably practicable” for the child to access.

Section 7 of the 1996 Education Act

Under the Section 7 of the Education Act parents or carers must ensure that their child receives an appropriate, full-time and effective education (suitable to their educational needs). In England, parents do this by putting their child on a school roll and ensuring that they attend regularly. However, a child may be on a school roll and fails to attend regularly.  In these cases, the parents may have committed an offence contrary to Section 444.

Special Educational Needs Code of Practice

The SEND Code of Practice gives guidance for schools and LAs on their duty to identify and support pupils with long-term barriers to their learning.  This includes:

  • pupils with disabilities and health needs
  • pupils with and without an education health and care (EHC) plan

Equality Act 2010

Under the Equality Act schools cannot discriminate against children and young people for a reason related to their disability. Many children and young people with significant long-term health needs may meet the definition of 'disability'.  They must be given the legal protection to which they are entitled, particularly the duty to make reasonable adjustments.

Attendance

Schools must monitor pupils’ attendance through their daily register and in accordance with local protocols. Schools must inform us of pupils who:

Schools must inform us of sickness absences. They need to provide the full name and address of pupils of compulsory school age marked with code I (illness). This applies if the school believes the pupil will miss 15 days or more, either consecutively or cumulatively, due to sickness.

This information also enables us to identify pupils who are at risk of not accessing a suitable education unless arrangements are made for them due to:

  • illness
  • exclusion from school
  • other reasons

Section 436A of the 1996 Education Act requires us to establish the identities of children residing in the area who are not receiving suitable education. Lincolnshire Children's Services requires schools to register with us any pupils in receipt of 'less than 25 hours' education. This data, along with school attendance data and exclusion data, will be regularly reviewed (minimum of once per term). This will identify areas of concern and highlight any vulnerable pupils 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'.

Our officers will liaise with settings to:

  • offer advice, support and guidance in relation to individual cases
  • provide robust challenge in the event that poor practice, inappropriate or over dependency on reduced timetable is identified

Definitions

Suitable education

The Education Act 1996 defines a suitable education as one that is appropriate to a child’s:

  • age
  • ability
  • aptitude
  • any special educational needs they may have

Full-time

Full-time education is not defined in law, but it should equate to what the child would normally receive in school.  This is unless the child’s condition means that full-time provision would not be in their best interests. If a child receives 1:1 tuition, the hours of face-face teaching could be fewer as the provision is more concentrated.

School

For the purposes of this policy, school is used to refer to any:

  • maintained school
  • academy
  • free school
  • independent school
  • alternative provision school
  • any education provision where a child is registered as their main education base

Elective home education

A provision that a parent has chosen for their child outside school. This is not to be confused with home tuition which can be provided by the:

  • school
  • LA
  • through alternative provision that has been provided by the school or LA

A medical condition

A physical or mental health need that, without reasonable adjustments, will impact on:

  • attendance
  • the ability to access the curriculum or other school activities

Disability

A physical or mental impairment that has a substantial and long-term adverse impact on the ability to carry out normal daily activities. Depression and anxiety may, for example, meet the definition of being disabled if:

  • the child has had the condition for more than 12 months
  • it is having a negative impact on their ability to carry out normal daily duties

Under the Equality Act, a child does not need a medical diagnosis to meet the definition.

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