What is a specialist post-16 institution? Section 41 settings

Most learners with SEND study in mainstream colleges. A smaller number attend specialist settings that are designed around higher levels of need.

What is a specialist post-16 institution?

The term is used in the SEND system for institutions that provide education or training for young people aged 16 and over with SEND. The Department for Education publishes a list of independent special schools and post-16 institutions approved under section 41 of the Children and Families Act 2014. Approval under section 41 means a local authority can name the setting in an EHC plan, and in some circumstances the young person or parents can ask for it to be named. Some specialist institutions also have a residential element.

The DfE page does not give a tidy definition of every term used, so read it along with section 41 and the guide for institutions applying for approval.

How does a specialist post-16 institution apply in FE and apprenticeships?

For a young person with an EHCP, the choice of institution is part of the plan. The local authority must consider the preference of the young person and decide based on the tests in the Act, including whether the placement is suitable and an efficient use of resources. Specialist places are usually funded through high needs funding, with the local authority paying the fees.

Specialist institutions do much the same job as inclusion teams elsewhere: planning, delivering and reviewing support, preparing for adulthood and working with families and professionals. They also hold annual reviews and need good evidence of progress towards the outcomes in each plan. Our page for specialist post-16 institutions explains how Inclusion Studio relates to this setting.

Specialist providers may also run supported internships and work-based programmes. Where they are involved in apprenticeships, the apprenticeship rules apply in the usual way.

What is a common misconception about specialist post-16 institutions?

A frequent one is that a specialist institution is only for learners with the most complex needs, or that a learner who attends one cannot move to mainstream provision later. Needs and aspirations change, and the plan should be reviewed at least every year. Another is that parents or young people can simply choose any specialist college and expect the local authority to fund it. The law gives them a right to express a preference, but the authority can decline in specified circumstances, and decisions can be appealed.

Where can you find the official source?

Use the DfE page listing independent special schools and post-16 institutions, section 41 of the Children and Families Act 2014, and the SEND code of practice: 0 to 25 years. Funding follows the high needs funding operational guide. If a young person wants to challenge the institution named in a plan, see SEND tribunal.