Commentary on Sections of the Act Part 2 – Additional Learning Needs Functions relating to securing additional learning provision Section 55 - Conditions applicable to securing additional learning provision at independent schools
131.Under section 55, a local authority may not place a child or young person at an independent school in Wales unless the school is on the register of independent schools in Wales and the local authority is satisfied that it can make the ALP described in the person’s IDP.
132.Similarly, a local authority is prohibited from placing children and young people at independent educational institutions in England (as defined in the Education and Skills Act 2008), unless the institution is included in the register of independent educational institutions in England and the local authority is satisfied that the institution can make the ALP described in the person’s IDP.
133.These provisions replace the approval and individual consent provisions in section 347 of the 1996 Act, which are removed by section 58.