The difference between Section 41 approved independent schools and other independent schools, and what that means for getting one named in an EHC plan.
An EHC plan can fund a place at an independent school, but the process, and how much weight your preference carries, depends heavily on whether that school is on the government's approved Section 41 list.
Section 41 schools are independent special schools and colleges specifically approved by the Secretary of State for this purpose, published on a national list. Where a parent or young person requests a Section 41 school, the local authority must name it in the EHC plan unless it's unsuitable for the child's needs, incompatible with the efficient education of others, or incompatible with the efficient use of resources, broadly, cost.
For any other independent school, there's no equivalent statutory right to have it named. A parent or young person can still make representations, formally requesting and giving reasons for that school, and the local authority must consider this under its wider duty to have regard to the family's views and wishes. But the onus shifts to the family to show the school is appropriate and that naming it wouldn't represent unreasonable public expenditure, and the local authority isn't obliged to name it even if a place is offered.
Yes. Where a family disagrees with the school named in Section I, that can be appealed to the SEND Tribunal, whether or not the school in question is Section 41 approved.
Working out whether the school you have in mind is even the right kind of fight to have, given how the rules actually apply, is exactly where a lot of families get stuck early. SEND Assistant helps you understand which route applies to your situation. Try SEND Assistant free.
How do I find out if a school is on the Section 41 list?
The Department for Education publishes the list of approved independent special schools and colleges.
Does being on the Section 41 list guarantee my child a place?
No, the school still has to offer a place, the local authority can't be ordered to name a school that hasn't offered one.
Can a mainstream independent school ever be named in a plan?
It's uncommon, and follows the same non-Section 41 process described above, with the onus on the family to justify the request.
What if the local authority says the placement is too expensive?
Cost, specifically whether it represents an inefficient use of resources, is a lawful reason for the local authority to refuse a request, and is commonly the basis for disputes that end up at appeal.
Can I request more than one school be considered?
Yes, you can put forward more than one preference during the consultation process for a draft plan or amendment.
This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.