Question to the Department for Education:

To ask the Secretary of State for Education, what assessment her Department has made of the potential impact of provisions within (a) the Children’s Wellbeing and Schools Bill and (b) other relevant legislation intended to promote school attendance on children required to take extended absences from school following a cancer diagnosis.

If a child is too unwell to attend school, local authorities have a duty under section 19 of the Children's Act 1996 to provide suitable and (normally) full-time education for children of compulsory school age who, because of exclusion, illness or other reasons, would not receive suitable education.

Ofsted holds local authorities to account for the sufficiency and commissioning of alternative provision as part of their area special educational needs and disabilities (SEND) inspections.

Where full-time education is not possible due to a child’s health needs, local authorities must arrange part-time education on whatever basis they consider to be in the child's best interests.

Full and part-time education should still aim to be equivalent to the education the child would receive in their mainstream school. Any part-time education should be reviewed regularly, with the aim of eventually increasing the number of hours up to full-time as soon as the child’s health allows.

The law places a duty on parents to ensure that their child of compulsory school age who is registered at school attends regularly. However, section 444 of the Education Act 1996 sets out exemptions to this duty. This includes where the child cannot attend due to illness. Parents cannot be penalised if their child is ill and unable to attend to school.

There is nothing in the Children’s Wellbeing and Schools Bill that has a direct impact on children being absent from school due to illness. The full suite of impact assessments of the measures in the Children’s Wellbeing and Schools Bill can be found on GOV.UK here: https://www.gov.uk/government/publications/childrens-wellbeing-and-schools-bill-impact-assessments.

Educational provision for children who cannot receive their education in school for health reasons, including those in hospital, is funded from local authorities’ high needs budgets.

Following the Autumn Budget 2024, the department is providing an increase of £1 billion for high needs budgets in England in the 2025/26 financial year, bringing total high needs funding to over £12 billion.