Independent Schools (Section 41)

Section 41 of the Children and Families Act 2014 allows the Secretary of State to publish a list of approved independent special schools and special post-16 institutions for the purpose of enabling child's parents or a young person to request a particular school, college or other institution in their Education, Health and Care Plan. The list is published on GOV.UK https://www.gov.uk/government/publications/independent-special-schools-and-colleges

The Children and Families Act 2014 places specific duties upon institutions on the approved list: 

• institutions on the approved list must "have regard" to the SEN Code of Practice;
• institutions on the approved list have a reciprocal duty to co-operate with the local authority on arrangements for children and young people with SEN;
• local authorities' published local offer must refer to the institutions on the approved list; 

The Act gives parents and young people the right to express a preference for independent specialist provision when their Education, Health and Care (EHC) plan is being agreed and completed. If a parent or young person requests that an approved independent special school or special post-16 institution be named in their EHC plan, the local authority is under a conditional duty to accept (unless it would be unsuitable for the age, ability, aptitude or SEN of the child or young person, or the attendance of the child or young person there would be incompatible with the efficient education of others, or the efficient use of resources). If named on an EHC plan, the independent special school or special post-16 institution must admit the pupil or student. This places approved independent special schools and special post-16 institutions on the same legal footing as maintained schools, academies, non-maintained special schools and FE colleges.