Independent Special Education Providers

What are Section 41 Institutions?

Section 41 Institutions are a list of independent education providers compiled by the Secretary of State. The education providers can only be included on this list with their consent so may not include all independent providers.

The list of approved institutions attached has been shared with local authorities and will be updated termly, in accordance with the Section 41: Secretary of State approval processes which can be found on GOV.UK.

Under the Children and Families Act specific duties apply to institutions on the approved list:

• institutions on the approved list must “have regard” to the SEN (Special Educational Needs) 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 (Further Education) 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 (Education, Health and Care) 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.

To see the full list of Section 41 Institutions see this link Independent special schools and colleges - GOV.UK (www.gov.uk).