Question to the Department for Education:

To ask the Secretary of State for Education, if she will take legislative steps to require independent schools to (a) identify SEND pupils and (b) provide support to those pupils in line with the (i) SEND Code of Practice and (ii) Children and Families Act 2014.

Independent schools are regulated against The Education (Independent School Standards) Regulations 2014, which set out the standards for the education, welfare and safety for pupils attending an independent school. These standards can be accessed at: https://www.legislation.gov.uk/uksi/2014/3283. The standards related to ‘quality of education provided’ (curriculum and teaching) require independent schools to ensure their written policy, plans and schemes of work take into account the ages, aptitudes and needs of all their pupils, including those with special educational needs.

Section 85 of the Equality Act 2010 prohibits schools, including independent schools, from discriminating against pupils with certain protected characteristics. This includes a requirement that schools must not discriminate in the way they provide education for pupils; the way they afford pupils access to benefits, facilities or services; or by not providing education for pupils.