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<p>The information requested is not held centrally.</p><p> </p><p>The Children and
Families Act 2014 requires local authorities to assess whether children and young
people have complex special educational needs requiring an education, health and care
(EHC) plan. When drawing up an EHC plan, the child’s parents or (from age 16) the
young person has a statutory right to request that a particular institution be named
on the EHC plan. If the institution is one of those specified in Section 38(3) of
the act, the local authority is under a qualified duty to name the institution, and
the institution must admit the child or young person.</p><p> </p><p>Independent special
schools may choose to bring themselves in scope of this duty by asking to join the
Secretary of State’s approved list (under Section 41 of the act). 155 independent
special schools have chosen to do so.</p><p> </p><p>A parent or young person may request
a placement in an independent school that is not on the Section 41 list. The local
authority is not under the same conditional duty to name the provider, but must have
regard to the general principle in Section 9 of the Education Act 1996 that children
should be educated in accordance with their parents’ wishes, so long as this is compatible
with the provision of efficient instruction and training and does not mean unreasonable
public expenditure. The local authority should be satisfied that the institution would
admit the child or young person before naming it in a plan, since these providers
are not subject to the duty to admit a child or young person even if named in an EHC
plan. If a local authority names an independent school, independent special school
or special post-16 institution in an EHC plan, then they must secure a place and fund
any fees, including any boarding and lodging where relevant.</p><p> </p>
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