Special schools, section 41 approved and not section 41 approved

What is it?

Section 41 of the Children and Families Act 2014 is about independent special schools and special post-16 provisions and approval thereof.  Under this section all local authorities are required to publish a list of the independent special schools and colleges in England and Wales that are approved by the Department of Education.

Independent schools and colleges have to apply for approval to be on the Section 41 list.

However, schools and colleges not on the approved list can be requested as the placement named on the EHCP.  The LA can consider the request but they are not under any specific duty to secure a place and there is no duty on the school or college to admit the young person.

Why might it be of interest?

Independent schools do not have the same duties regarding a young person’s special educational needs as maintained schools do.  The SEN Code of Practice does not apply which means that provision for young people with SEN can vary widely from school to school.  Schools and colleges on the Section 41 list do have additional duties.  It would be wise to know if the independent school you are considering is on the Section 41 list or not.  If not you will want to do a lot of research, visits, etc to be certain the school will meet your young person’s needs.