Independent Special Schools
“WHAT ARE INDEPENDENT SPECIAL SCHOOLS?”
Under the Children and Families Act 2014, an independent special school (sometimes called an independent specialist school) is an independent school that is ‘specially organised to make special educational provision ('SEP') for students with special educational needs’. For the purposes of EHC plans, it is the Secretary of State who defines whether a school is an independent special school or not and a school must agree to this designation before it can be treated as such.
“CAN THE PARENTS OF A CHILD OR YOUNG PERSON, NAME AN INDEPENDENT SPECIAL SCHOOL IN AN EHC PLAN/STATEMENT?”
If the parents of a child or a young person express a preference for an independent special school then the Local Authority ('LA') are under a duty to name it in their EHC Plan/Statement, unless the LA can show that the school ‘would not meet the child or young person’s special educational needs or that it would be incompatible with the efficient education of others or the efficient use of resources’ (as outlined in the Children and Families Act 2014).
“WILL THE LA PAY FOR SOMEONE WITH SEN TO ATTEND AN INDEPENDENT SPECIAL SCHOOL?”
If the independent school is named in a Statement or EHC Plan then the LA must pay the whole of the fees regarding the education received by the child or young person at the school. This can include the cost of boarding and lodging where the LA is satisfied that this is required as part of the SEP.
If a child or young person does not have a Statement or EHC Plan, the LA may still place them in an independent special school, although this may only happen in exceptional circumstances. The LA will need to be satisfied that the child or young person requires SEP and that it is appropriate for them to receive it at the institution in question. This can often occur where a child or young person is in the process of receiving an EHC needs assessment at that school.
Under the Children and Families Act 2014, an independent special school (sometimes called an independent specialist school) is an independent school that is ‘specially organised to make special educational provision ('SEP') for students with special educational needs’. For the purposes of EHC plans, it is the Secretary of State who defines whether a school is an independent special school or not and a school must agree to this designation before it can be treated as such.
“CAN THE PARENTS OF A CHILD OR YOUNG PERSON, NAME AN INDEPENDENT SPECIAL SCHOOL IN AN EHC PLAN/STATEMENT?”
If the parents of a child or a young person express a preference for an independent special school then the Local Authority ('LA') are under a duty to name it in their EHC Plan/Statement, unless the LA can show that the school ‘would not meet the child or young person’s special educational needs or that it would be incompatible with the efficient education of others or the efficient use of resources’ (as outlined in the Children and Families Act 2014).
“WILL THE LA PAY FOR SOMEONE WITH SEN TO ATTEND AN INDEPENDENT SPECIAL SCHOOL?”
If the independent school is named in a Statement or EHC Plan then the LA must pay the whole of the fees regarding the education received by the child or young person at the school. This can include the cost of boarding and lodging where the LA is satisfied that this is required as part of the SEP.
If a child or young person does not have a Statement or EHC Plan, the LA may still place them in an independent special school, although this may only happen in exceptional circumstances. The LA will need to be satisfied that the child or young person requires SEP and that it is appropriate for them to receive it at the institution in question. This can often occur where a child or young person is in the process of receiving an EHC needs assessment at that school.
For further information:
This information is meant to be helpful but Douglas Silas Solicitors cannot be responsible for any loss caused by reliance upon it. If you have concerns about your child, please seek professional educational/healthcare advice. Should you find anything which you believe to be inaccurate please Contact Us as soon as possible.
