Not all post 16 settings need to have regard to the SEND Code of Practice (the Code) or have the same duties under the Children and Families Act (CFA) 2014

The key duties related to special educational needs under the CFA 2014 and the Code only apply to section 41 approved post-16 institutions and institutions within the further education sector.

An institution is within the further education sector if it is:

  • a further education college
  • a ‘designated institution’, or
  • a sixth form college.

You can check the type of post 16 settings online.