Medical needs policy

Overview

Introduction

This policy sets out how we, as the local authority (LA), ensure all school-age children with medical needs receive suitable, full-time education. The policy applies to all statutory school-age children whether or not they are on the roll of a school.

Children and young people (CYP) must have an education suitable for their age, ability and aptitude.  We deliver our statutory duties by working in partnership with:

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

We work with clinical commissioning groups (CCGs) and other partners in local health and wellbeing boards.  The boards will assess the health needs of local people, including those with special educational needs (SEN) or who are disabled.

Principles

Our children's services believe that:

  • Every child should have the best possible start in life through a high-quality education which allows them to achieve their full potential regardless of individual circumstance.
  • Health needs should not prevent a pupil from accessing education. CYP with health needs who are unable to attend school are likely to be able to continue learning for at least some of the time.  They will be supported to do so.
  • The support provided should meet a pupil’s individual needs. This includes social and emotional needs, to enable them to thrive within the education system.
  • Wherever possible, all CYP, including those with health needs, should be supported to access their learning in their substantive school alongside their peers.
  • A CYP who has health needs should have the same opportunities as their peer group, including access to a broad and balanced curriculum.
  • Young people will be encouraged and enabled to inform decisions relating to their education.  Their views, hopes and aspirations will be valued and acknowledged by professionals.
  • Parents and carers play a crucial role as fully collaborative partners in the planning and review of their child’s educational provision.

Legal framework

Section 19 of the Education Act 1996

Under Section 19 of the Education Act the 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.

Section 100 of the Children and Families Act 2014

Under the Children and Families Act arrangements for supporting pupils with medical conditions at school must be made by:

  • governing bodies of maintained schools
  • proprietors of academies
  • management committees of PRUs

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 plan (EHCP)

Equality Act 2010

Under the Equality Act schools cannot discriminate against children and young people for a reason related to their disability. Many 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

We work with schools to promote attendance in school and to minimise incidents of low attendance. Schools should monitor attendance closely and address poor or irregular attendance. Poor attendance has a negative impact on a pupil's academic learning, outcomes and their welfare.  It could be an indication of safeguarding concerns. School should always seek to robustly investigate any unexplained absences.

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

  • fail to attend regularly
  • have missed ten school days or more without permission

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

This policy has also been developed with due regard to both statutory and advisory guidance published by the Department for Education:

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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