(1)The Secretary of State may approve an independent school as suitable for the admission of children for whom statements are maintained under section 324.
(2)Regulations may make provision as to—
(a)the requirements which are to be complied with by a school as a condition of its approval under this section,
(b)the requirements which are to be complied with by a school while an approval under this section is in force in respect of it, and
(c)the withdrawal of approval from a school at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.
(3)An approval under this section may be given subject to such conditions (in addition to those prescribed) as the Secretary of State sees fit to impose.
(4)In any case where there is a failure to comply with such a condition imposed under subsection (3), the Secretary of State may withdraw his approval.
(5)No person shall so exercise his functions under this Part that a child with special educational needs is educated in an independent school unless—
(a)the school is for the time being approved by the Secretary of State as suitable for the admission of children for whom statements are maintained under section 324, or
(b)the Secretary of State [F1 is satisfied that there is a place available for the child at the school and ] consents to the child being educated there.
[F2(5A)But that does not apply to a local education authority deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements.]
Textual Amendments
F1Words in s. 347(5)(b) inserted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 174, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III
F2S. 347(5A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II