Commentary on Sections of the Act
Part 2 – Additional Learning Needs
Chapter 2 – Individual Development Plans.
Additional learning provision for detained persons (sections 39 – 45)
Section 43 - Release of a detained person
113.Section 43 ensures that when a detained person is released from detention and on the date of release a local authority in Wales is responsible for the child or young person, that local authority is responsible for maintaining a plan which was being kept for the person under section 42 and for securing the ALP set out in it. This plan is treated as maintained under section 14. However, if the released person is a looked after child upon release, it is the local authority in Wales that looks after the child that must maintain the plan, which is treated as maintained under section 19.
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