Explain

Independent and non-maintained special schools

A non-maintained special school is a special school run on a not-for-profit basis and approved by the Secretary of State. An independent special school is privately run. A parent or young person has the right to ask for a non-maintained special school in the same way as for a state school. The same goes for an independent school or college on the section 41 list. Other independent schools are not covered by that right, but they can still be asked for; the council then considers section 9 of the Education Act 1996.

Type of rule

Law (Act or Regulations)

Rule id

independent_special_schools

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 38(3)Law (Act or Regulations)
• Children and Families Act 2014, s 41Law (Act or Regulations)
• Education Act 1996, s 9Law (Act or Regulations)
• Education Act 1996, s 342Law (Act or Regulations)

Related

• The section 41 list (approved independent schools and colleges)
• Naming a school or college in the plan
• Parents' wishes and public spending (Education Act 1996, section 9)

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