Devon County Council will only place children and young people in independent special schools when an education, health and care plan (EHCP) is in place, typically during phase transfers (for example, primary to secondary) when no suitable maintained or academy setting can meet the child’s needs. The school must usually be approved under Section 41 of the Children and Families Act 2014, although non-approved schools can be named if the Local Authority (LA) agrees.
All places in the independent sector need to be commissioned through the SEND Operations Team, and if your child has an EHCP you should speak to us before taking a place at an independent school.
When Local Authority placement is possible
Approved Section 41 Schools
If a parent requests an independent school approved under Section 41, the LA must place the child unless it is unsuitable for their needs, inefficient for others, or an inefficient use of resources.
Non-approved Independent Schools
LAs can name these if they agree to the placement, often when no other suitable provision is available.