41Circumstances in which the duty in section 40(2) does not apply
This section has no associated Explanatory Notes
(1)The duty in section 40(2) does not apply if either of the circumstances in subsection (2) apply.
(2)The circumstances are—
(a)the detained person is a young person who does not consent to a decision under section 40(2)(a) being made or to a plan being prepared;
(b)the home authority has previously decided whether the detained person has additional learning needs and it is satisfied that—
(i)the detained person’s needs have not changed materially since that decision was made, and
(ii)there is no new information that materially affects a decision under section 40(2)(a) or (b).