Independent schools and colleges
Section 41 of the Children and Families Act 2014 allows the Secretary of State by order to publish a list of approved independent educational institutions, independent special schools and post-16 institutions for the purposes of satisfying Section 38 (Preparation of an Education, Health and Care (EHC) plan by local authorities) of the Act. Institutions can only be included on the list with their consent.
The Children and Families Act 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;
- Specific duties and rights relating to admissions, in line with maintained schools, Academies, FE colleges and non-maintained special schools:
A child or young person has a right to request that an institution on the approved list is named in their EHC Plan;
- If the institution is named in an EHC Plan, the local authority is under a qualified duty to secure a place;
- If the institution is named in an EHC Plan, the institution must admit the pupil or young person.
The Government produces a list each term of the approved independent special institutions who have specific duties to work with the council in relation to children and young people with special educational needs and disabilities.