School

Schools controlled by a local authority (LA) – referred to as maintained, which is shorthand for “maintained by a local authority”

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Educational institutions controlled and funded (maintained) by LAs (sometimes referred to as “state” schools or institutions) can include:

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  Mainstream schools (such as mainstream community schools, voluntary-aided, trust, foundation, or grammar schools)

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  Nurseries (free-standing or part of a community primary school)

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  Special schools,

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  Alternative provision (including Pupil Referral Units).

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  Post-16 institutions (Further Education colleges and sixth form colleges).

These are regulated by statute, regulations and statutory guidance.

Schools controlled by the Secretary of State – referred to generically as Academies.

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These are schools controlled and funded directly by the Secretary of State for Education and include:

Academies
Free schools
University Technical College schools
Studio schools
Academy special schools
Alternative provision Academies, and
Academy boarding schools.

There are also many schools which are not controlled by the state in some way. These schools are broadly referred to as independent schools. It is worth understanding the different types as these schools often have provision available for children and young people with SEN.

These are:

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  Independent schools – these are mostly controlled by charities (and therefore, “not for profit”) but there are some private “for-profit” owners. Due to their independence their provision is not the same across the sector as for the state sector. They include prep schools, public schools, and private nurseries (early years provision). Some private schools are registered as “specially organised to make provision with pupils for SEN”. However, for legal purposes independent schools are neither special nor mainstream, but all simply “independent”.tatus. 

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  Non-maintained special schools – all charitable foundations and “not for profit”. This type of school will take a mixture of children and young people with and without EHC plans but in practice almost 100% of their pupils are publicly funded through EHC plans.

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  Section 41 schools – these are independent schools which have been approved by the Secretary of State under section 41 of the Children and Families Act (CFA) 2014 as schools which a parent or young person can request to be named in an EHC plan. This means parents or young people have a right to request this type of school is named in an EHC plan in the same way they can request a maintained school, for example.

• Private post-16 institutions – these may also opt for section 41 s