Commentary on Sections Local education authority Legal background Section 146: Abolition of requirement of approval for independent schools: England
176.This section amends section 347 of the 1996 Act and abolishes the requirement for independent schools in England to be approved for the placement of a child with a statement of special educational needs. The section ensures that the requirement for approval remains for schools in Wales.
177.It also amends section 347 to remove the requirement for local education authorities in England to seek consent from the Secretary of State to place pupils with statements of special educational needs in non-approved independent schools (whether in England or Wales). The requirement to seek consent (from the Welsh Ministers) remains for Welsh local education authorities.