DfE - List of Approved Independent Special Schools and Special Post-16 Settings (Section 41 of the Children and Families Act 2014)

Independent special schools and special post-16 settings do not have a specific legal definition. This means they are not subject to statutory duties as a distinct group.

Section 41 of the Children and Families Act 2014 (the Act) addresses this. It allows the Secretary of State to publish a list of approved independent special schools and special post-16 settings.

The Education and Skills Funding Agency (ESFA) acts as the Secretary of State's agent. It determines which settings should be on the list.

The SEND Regulations 2014 explains the criteria for including and removing settings from the list. Settings can only be included on the list with their consent.

Local Offers must refer to the settings on the Section 41 list. You can read the Section 41 approved list here.

Settings on the Section 41 approved list are subject to the following duties (under the Act):

• Settings on the Section 41 list must cooperate with the local authority on arrangements for children and young people with SEND.
• Settings on the Section 41 list must adhere to the SEND Code of Practice: 0 to 25 Years.

The Act gives parents/carers and young people the right to express a preference for a specific setting when EHC Plan is being agreed and completed. If they ask for a setting on the Section 41 list, the local authority will have a conditional duty to accept the request. This means it will accept the request unless:

• The setting is unsuitable for the age or needs of the child or young person
• Or if the child or young person's attendance would be incompatible with the efficient education of others (or the efficient use of resources)

If a setting on the Section 41 list is named on an EHC Plan, it must admit the pupil or student. This places Section 41 settings on the same legal footing as maintained schools, academies, non-maintained special schools, and FE colleges.

Families may request a setting that's not on the Section 41 list. When this happens, the local authority will consider the request but won't have a duty to secure a place. Also, the setting will not have a duty to admit the pupil or student.