Independent Specialist Settings

Some children and young people from Calderdale attend independent settings.

An independent setting isn't controlled by the Local Authority. Some aren't controlled by the Secretary of State either. Due to their independence, their provision isn't the same across the independent sector.

Parent carers and young people have the right to request an independent setting. Independent settings may be on the Section 41 list.

If a setting is on the Section 41 list, it means that it has been approved by the Secretary of State. Settings can choose whether they want to apply to be on the Section 41 list.

Independent settings in Calderdale

These are the independent specialist settings in Calderdale

Broadwood School – Social, Emotional and Mental Health (SEMH), 7-18 years old
Brearley Hall School - SEMH, 7-16 years old
Millcourt School - SEMH, autism and ADHD, 9-16 years old
Riverbank Primary School – SEMH, 5-11 years old
Stafford Hall – Autism, 10-19 years old
William Henry Smith School - SEMH, 5-19 years old, male only
Willow Park – SEMH, 6-18 years old

You will need to contact the settings individually to visit them.

On a school visit, settings will not be able to say if they can or can't meet the child or young person's needs. If you make a preference for a setting, the SEN Team will need to follow the consultation process. This means sending the EHC Plan.

The setting will tell the SEN Team if they have any spaces available. They will say if they can or can't meet the child or young person's needs. This is done through the consultation process.

How to request an independent setting

Independent settings can be requested through an EHC review or EHC needs assessment. Consultations to settings will be sent following these processes. Please see the pages below for further information regarding the consultation process.

For any school you are interested in, you should check what type it is. You can do this by using this link. Get Information about Schools - GOV.UK (get-information-schools.service.gov.uk)

You can find out here if a setting is on the Section 41 list.

The SEN Team will consider a request for a setting on the Section 41 list. They must name the setting unless it

would not be suitable for the child’s age, ability, aptitude or special educational need; or it
would be incompatible with the efficient education of other children; or it would not be an efficient use of resources.

The SEN Team will consider a request for a setting not on the Section 41 list. However, they are not under the same duty to name the setting in the EHC Plan.

Differences between settings on the Section 41 list and those that aren't

For an independent setting that has been approved by the Secretary of State (Section 41)

they will be on the same footing as maintained settings, academies and free schools in terms of being named
the SEN Team will make the decision on which setting to name in an EHC plan. They will take in to account the parent carer or young person’s preference. They will take in to account the views of the school. The SEN Team must name the parent carer or young person’s preference unless it
- would not be suitable for the child’s age, ability, aptitude or special educational need; or it
- would be incompatible with the efficient education of other children; or it would not be an efficient use of resources.
if the SEN Team names a school in an EHC plan it must admit the child or young person

For an independent setting that has not requested or received approval by the Secretary of State (Section 41)

the parent carer or young person will be able to request that they want the SEN Team to name the setting in the EHC Plan
the SEN Team will not be under the same duty to meet the request as for 'approved' schools.
children should be educated in accordance with parent carers' wishes under section 9 of the Education Act 1996. The SEN Team have a general duty under this Act.
these settings are not subject to the duty to admit a child or young person even if they’re named in the EHC Plan. the SEN Team should be satisfied that the setting would admit the child or young person before naming it in the EHC Plan since
the SEND Tribunal will still be able to decide the naming of an independent school not on the approved list