Government announces end to runaway independent special school fees
2 mins read
Friday 20 February 2026
The Department for Education (DfE) has announced that national standards and price bands will be introduced for independent special schools as part of government SEND reforms in England.
The government says it will set clear national price limits and tougher standards to help make sure specialist placements help children make progress – instead of higher bills for councils.
The government hopes this will stop the postcode lottery where the support families get depends on where they live, and make sure children everywhere can access high-quality SEND support.
In response to the announcement Contact’s Imogen Steele said:
“We welcome the government’s commitment to making sure that profits are not put before children’s education. However, it is important to recognise that independent special schools currently fill critical gaps where local provision does not exist. Special schools remain essential for children who require complex education and health support, and any policy must ensure children’s needs remain the primary focus.
“At this stage, several aspects of the announcement are unclear: whether it distinguishes between independent day and residential special schools; whether the proposed fee bands apply only to education, or education and health needs together. We strongly believe that decisions should be based on individual needs. While fee bands may offer transparency, caution is needed to avoid inadvertently limiting access to the specialist support that children genuinely require to keep them safe and help them learn.”
What are independent special schools?
There are two types of independent special school:
Section 41 schools are approved by the Secretary of State and must meet specific SEND‑related legal duties. They must properly consider placement requests from families with an EHCP (Education, Health, and Care Plan).
Non‑Section 41 independent special schools did not previously have the same statutory SEND duties. However, the government is introducing national price bands and statutory SEND standards for all independent special schools, meaning non‑Section 41 schools will now be checked and regulated more like Section 41 schools.
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This the latest measure to be announced ahead of the government’s schools White Paper which will set out its plans for SEND reform.