Section 41 Secretary of State's Approved list of specialist providers

Section 41 of the Children and Families Act 2014 allows the Secretary of State by order to publish a list of approved independent educational institutions, independent special schools and post-16 institutions. This list, developed as part of the Children and Families Act 2014, means that some part of the Act apply to some independent institutions.  The new duties are:

• institutions on the approved list must "have regard" to the SEN 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 colleges and non-maintained special schools

The list will be updated termly and published on GOV.UK.

If a practitioner has spoken to you about independent provision and you're unsure what this means, you can visit the Post-16 Visual Pathway to find out more regarding this and other post 16 educational options. 

*REVIEWED JANUARY 2024*