Support for children aged 0-25 with Special Educational Needs and Disabilities

Section 41 independent special schools and colleges

Most children and young people with an EHCP can successfully attend a mainstream school. Parents and Carers have the right to express a preference over which school their child or young person should attend if they have an EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life..

Very occasionally, a child is placed in a mainstream school or special education establishment not in the local authority area. These establishments may be run by another local authority or may be independent. Some are also residential.

Independent schools are a very expensive option for the local authority and though parents and carers preference for an education place will always be considered, the local authority must ensure that they fully consider whether your child or young persons needs could be met in a Bournemouth, Christchurch or Poole education establishment.

In coming to this conclusion, the local authority must comply with one of your preferences unless the school is not suitable for the child or young persons special educational needs, the school cannot make the provision set out in the EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life. or the placement at your preferred school would be contrary to the efficient use of public money (please see SEND Code of PracticeCode of PracticeA document that explains the duties of local authorities, health bodies, schools and colleges to provide for those with special educational needs under part 3 of the Children and Families Act 2014.   paragraph 9.79).

The national Approved Section 41 List of the Children and Families Act 2014Children and Families Act 2014The act came into force on 1st September 2014. Part 3 of the Act sets out the law on Special Educational Needs and Disability. The Act is supported by the SEND Regulations 2014 and the SEND Code of PracticeCode of PracticeA document that explains the duties of local authorities, health bodies, schools and colleges to provide for those with special educational needs under part 3 of the Children and Families Act 2014.  : 0 – 25 Years. allows the Secretary of State, by order, to publish a list of approved independent education institutions, independent special schools and post-16 institutions for the purposes of satisfying Section 38 (Preparation of an Education Health and Care (EHCEHCEducation, Health and Care) Plan by local authorities) of the Act. Institutions can only be included on the list with their consent.

Only schools included in this list can be named in EHCPs.