The Secretary of State may approve an institution within subsection (2) for the purpose of enabling the institution to be the subject of a request for it to be named in an EHC plan.
An institution is within this subsection if it is—
an independent educational institution (within the meaning of Chapter 1 of Part 4 of ESA 2008)—
which has been entered on the register of independent educational institutions in England (kept under section 95 of that Act), and
which is specially organised to make special educational provision for students with special educational needs,
an independent school—
which has been entered on the register of independent schools in Wales (kept under section 158 of the Education Act 2002), and
which is specially organised to make special educational provision for pupils with special educational needs, or
a special post-16 institution which is not an institution within the further education sector or a 16 to 19 Academy.
The Secretary of State may approve an institution under subsection (1) only if its proprietor consents.
The Secretary of State may withdraw approval given under subsection (1).
Regulations may make provision about giving and withdrawing approval under this section, in particular—
about the types of special post-16 institutions which may be approved under subsection (1);
specifying criteria which an institution must meet before it can be approved under subsection (1);
about the matters which may or must be taken into account in deciding to give or withdraw approval;
about the publication of a list of all institutions who are approved under this section.