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Independent special school fees to be capped: Legal comment from SEND expert

20 February 2026

The UK Government says it will introduce national price bands and strengthened standards for independent special schools in the upcoming schools white paper.

As part of its wider reforms to support children with special educational needs and disabilities (SEND), it has pledged to tackle “spiralling fees”, with funds redirected from the private to public sector. 

The Department for Education (DfE) claimed independent special schools charge and average of £63,000 per child each year, compared to the £26,000 average cost of a state special school. 

Philip Wood, Principal Associate at UK and Ireland law firm Browne Jacobson, said: "The proposal to cap annual independent special school fees with new bands can be considered within the context of the government’s plans to limit fees charged to local authorities for children’s homes.

“Like with children’s home placements, councils increasingly rely upon the private sector to plug provision gaps, particularly for pupils with the most complex needs. The government must therefore be prepared to increase public sector supply of specialist provision.

“It’s been suggested the DfE will prioritise bolting on SEND units to mainstream schools as the most cost-effective way of dong this, as opposed to building new dedicated special schools. 

“While SEND units absolutely have a role in providing more catered support for pupils, they are not a direct replacement for special schools. The sector awaits details on plans for new state special schools to fill this gap.”

Browne Jacobson will provide commentary on various aspects of the schools white paper when it is published.

 

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