Independent and Non-Maintained Schools

Many people are often confused in trying to work out exactly what difference there is between an Independent Special School and a Non-Maintained Special School.

In essence any independent school is usually one run privately for profit whereas a 'non-maintained' school is run 'not for profit' usually by a charitable body. It has been pointed out to us in response to this page, that there are a number of specialist independent schools run by educational trusts and which are 'not for profit'. However, for good measure, we have set out below information published by the DCSF on its official website.

DEFINITION OF AN INDEPENDENT SCHOOL UNDER THE EDUCATION ACT 2002
An independent school is defined as any school that provides full-time education for 5 or more pupils of compulsory school age or one or more pupils with a statement of special educational needs or who is in public care (within the meaning of Section 22 of the Children's Act 1989) and is not maintained by a Local Education Authority (LEA) or a non-maintained special school.

WHAT ARE INDEPENDENT  'SPECIAL' SCHOOLS?
Whilst there is no legal definition of an independent 'special' school the DCSF considers that any independent school where at least half of the pupils have SEN and at least 25% having statements it should be considered as a school catering wholly or mainly for children with SEN. 

Currently around 250 independent schools are designated as catering 'wholly or mainly' for children with SEN. 

An independent school is a school which is not dependent upon national or local government for financing its operation and is instead operated by tuition charges, gifts, and perhaps the investment yield of an endowment.

WHAT ARE NON-MAINTAINED SPECIAL SCHOOLS?
There are over 70 Non-Maintained Special Schools (NMSS) approved by the Secretary of State for Education under Section 342 of the Education Act 1996 as independent special schools. To become approved, NMSS have to be non-profit making, have demonstrated that they operate to a level at least equivalent to state maintained special schools and their day to day running is controlled by a governing body, the articles and instruments of which will be agreed by the Secretary of State.

To keep NMSS status, schools must comply with the Non-Maintained Special School Regulations. Local education authorities are permitted to fund pupils to attend NMSS and, almost without exception, their pupils are funded through the public purse. NMSSs cater for pupils with extreme and/or low incidence difficulties and provide very specialist schooling.

(Source: www.teachernet.gov.uk)

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