Explanatory note

These Regulations prescribe the requirements to be complied with by an independent school as a condition of its approval as a school suitable for the admission of children for whom statements of special educational needs are maintained under section 168 of the Education Act 1993.

They replace the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1991, which are revoked. Apart from provisions taking account of changes in relevant legislation since those regulations were made, a small number of changes are made. The provision to be made for children with special educational needs must be in the form of a balanced and broadly based curriculum (Schedule 1, paragraph 4). Incidents involving volunteers working at the school must now be recorded (Schedule 1, paragraph 9), and the premises must conform to the standards prescribed for special schools maintained by a local education authority (Schedule 1, paragraph 10). The approved number of pupils must not be allowed to fall substantially (Schedule 2, paragraph 3). If so requested, the staff of the school must participate in any review by the local education authority of a pupil’s statement of special educational needs (Schedule 2, paragraph 8(5)).