Commentary on Sections and Schedules Part 10 – Independent Schools Children with special educational needs Section 174: Consent to placement
331.Section 347 (5)(b) of the EA 96 provides for the Secretary of State, or the NAW, to give consent to placement at an independent school which does not have approval as being suitable to provide special education. This section adds the condition that the Secretary of State, or the NAW, must be satisfied that there is a place available at the school before considering or granting consent to the placing authority. It will be for the Local Authority as placing authority to demonstrate that there is a place.