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Education Act 2002

Children with special educational needs
Sections 172 to 174
Section 172: Alteration to definition of “independent school”

329.The section amends the EA 96 to define a school as an independent school if it provides full time education for five or more pupils of compulsory school age or if it has just one pupil with a statement of SEN or who is looked after by a public authority and it is not a maintained school or a special school not so maintained.

Section 173: Right of access of LEA

330.Section 327 of the EA 96 provides that LEAs have access to certain schools to monitor provision made for children with SEN. This section adds independent schools to the list of establishments to which LEAs have a right of access.

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.

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