Admission to independent and non-maintained schools
Guidance on admission to these schools for pupils with an EHCP.
What are independent and non-maintained schools?
Independent schools are usually privately run for profit and are also described as private schools.
Non-maintained schools are usually managed by charitable organisations and are not profit-making.
Neither are maintained or overseen by local authorities.
There is a fee for admittance to these schools.
Find information about your rights to request an independent or non-maintained school in sections 9.78 to 9.84 of the SEND code of practice.
How does this work in West Sussex?
Locally maintained school placements will always be investigated before the consideration of an independent, or non-maintained school. This is because they are fee-charging organisations. The local authority (LA) are publicly funded and have a duty to consider the most efficient use of their resources in all decisions.
Maintained schools are already funded in part, and are often geographically nearer so they are usually less costly than non-maintained or independent schools.
If a parent carer or young person expresses a preference for a non-maintained or independent setting approved by the Secretary of State (often called Section 41 providers) the SENAT will consult with that preference alongside their work to consider other maintained options.
If a parent carer or young person expresses a preference for an independent school not approved by the Secretary of State, the SENAT are not required to consult with the school. They may engage with them to learn about their offer and ability to meet the child or young person’s needs, but are not required to.
Responses from possible settings inform SEN panel considerations. They focus first upon meeting the needs of the child or young person, then the cost.
Section 41 Secretary of State Approved List
This is a list of Secretary of State approved independent special schools and post-16 institutions in England and Wales which have completed the Section 41 (Children and Families Act 2014) application process. You can find the full list on the GOV.UK website. This link also includes information about how to find the full list of all schools in England.
You can find a list of Section 41 approved schools in and around West Sussex in our Local Offer service directory.