Types of schools

Why might it be of interest?
Schools are governed in different ways depending on their status – ie the type of school they are. This might not make any difference to you or how well a match it is for your young person – but it might.

The difference in governance might mean a school can offer a more flexible curriculum or you may feel that you can work with a school with a particular governance better than another.

Phrases bandied about regarding schools and the type of school can be confusing.  It is important to understand something about the types of schools / colleges to understand whether they have statutory duties on them or not; what sort of provision you might expect; how they are funded for SEN; etc

There are 3 main categories:

• Maintained:  this means maintained by a local authority and therefore under its control
• Academy:  controlled by the Secretary of State
• Independent:  usually controlled by private contracts between the parties

Maintained and mainstream are not the same thing!  The word maintained means that the school/college is maintained by a local authority.  It may be a mainstream school but equally it could be a special school.

Mainstream means that the school/college is open to everyone, ie it is not a special school, hospital school or alternative provision.  Most schools will be considered mainstream.

Maintained
Sometimes referred to as a state school.  The school could be:

• Mainstream
• A nursery school
• A special school
• Alternative provision (eg pupil referral unit)
• Post 16 institution (further education, sixth form college)

A Pupil Referral Unit is for children who need to be educated out of school, often because they have been excluded. They have the same legal status as schools in some respects but do not have to teach the national curriculum.

Maintained schools will follow the national curriculum and they cannot select pupils on ability (other than state grammar schools).

You may also hear terms like community school (LA controlled), foundation school, trust school, voluntary aided school, voluntary controlled school.  These are all effectively maintained schools but are likely to have more freedom and influence over how the school is run and they may have financial support from sources other than the LA, for example a charity or church.  Governing arrangements may vary, including admissions policies, who employs the staff, who maintains the school.  Faith schools are usually voluntary controlled so are effectively maintained schools but with input from the relevant religious organisation.

Grammar schools are usually funded by the local authority but are allowed to select pupils by ability.

Academy

These are schools controlled and funded directly by the Secretary of State for Education and include:

• Academies
• Free schools
• UTC Schools (sponsored by universities, specialising in subjects like engineering and construction)
• Studio schools (small free schools working in realistic situaitons to achieve qualifications)
• Academy special schools
• alternative provision Academies
• Academy boarding schools.

They are not under LA control but under contract between the Academy trust (owner) and the Secretary of State.  Much, but not all, of the law and guidance for maintained schools applies to academies as do many of the regulations for independent schools.  Academies are inspected by Ofsted in the same was as maintained schools.  Governance may vary depending on the type of academy.

Academies cannot select students on the basis of ability and they do not have to follow the national curriculum although most will or mostly follow it.  They can specialise, for example in art and design or business, but most will provide an all round eduction.

Academies control their own budgets.

Independent

A catch all term for schools/colleges not controlled by an LA or the Secretary of State.  You may also hear independent schools referred to as prep, private or public schools.  They have a lot of freedom to set their own curriculums or specialise.

Independent:  mostly controlled by charities (ie ‘not for profit’) but there are private and for profit schools.  Provision is not standardized.

Non-maintained special schools:  all charitable foundations and not for profit.  Likely to take a mix of young people with and without EHCPs but most likely almost all their pupils will have an EHCP and the funding that comes along with it.

Section 41:  these are independent schools which have been approved by the Department of Education under section 41 of the Children and Families Act 2014.  Parents have a right to request one of these schools in the same way as they would request a maintained school.

Non Section 41:  the LA has more discretion whether to name the school or not and the school cannot be directed to accept the young person even if they are named.

Special Schools

Usually local authority funded unless they are an independent special school.  They may or may not be on the section 41 list if they are independent.  Almost all pupils at a special school will have an EHCP.

Private post-16:  these might have section 41 status but no necessarily.

EOTAS:  Education other than at school.  This is not the same as elective home education – where you have chosen to educate your young person outside of school.  It is a form of education funded by the LA for young people with an EHCP for whom school or college is not appropriate.  It can include online schooling, home tuition, therapies, etc.  Legislation is laid out in section 61 of the Children and Families Act 2014.  I think it goes without saying that this is not easy to secure this provision.