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Section 41 Secretary of State Approved List

Section 41 of the Act allows the Secretary of State, by order, to publish a list of approved independent special institutions (Independent Special Schools – England and Wales and Special Post-16 institutions) for the purposes of satisfying Section 38 of the Act (Preparation of an Education, Health and Care plan by local authorities). Institutions can only be included on the list with their consent.

The list of approved institutions has been shared with local authorities and will be updated termly.

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

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