Education Act 1996

[F1 562G Information to be provided where statement of special educational needs previously maintained U.K.

[F2 (1) This section applies in relation to a detained person if, immediately before the beginning of the detention, a local authority [F3 in Wales] were maintaining a statement under section 324 for the person.

(2) Subsections (3) and (4) apply where the home authority [F4 , where they are a local authority in Wales,] become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local authorities to be notified) or otherwise)—

(a) that the person—

(i) has become subject to a detention order, and

(ii) is detained in relevant youth accommodation, or

(b) that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

(3) If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

(4) If the home authority are or become aware that, immediately before the beginning of the detention, another local authority [F5 in Wales] were maintaining a statement for the person under section 324, they must notify the host authority—

(a) of that fact, and

(b) of the identity of that other local authority.

(5) The local authority [F6 in Wales] who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

(6) Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

(7) The host authority must notify the following of the person's release—

(a) the home authority [F7 , where they are a local authority in Wales], and

(b) if different, the authority [F8 in Wales] who, immediately before the beginning of the detention, were maintaining the statement under section 324.

(8) If the home authority[F9 , where they are a local authority in Wales] are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

(a) of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local authority [F10 in Wales] under section 324, and

(b) of the identity of that authority.

(9) Nothing in this section requires any local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.]]

Textual Amendments

F1 Pt. 10 Ch. 5A inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)

F2 S. 562G omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(28); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F3 Words in s. 562G(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(2); S.I. 2015/375, art. 2(e)

F4 Words in s. 562G(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(3); S.I. 2015/375, art. 2(e)

F5 Words in s. 562G(4) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(4); S.I. 2015/375, art. 2(e)

F6 Words in s. 562G(5) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(5); S.I. 2015/375, art. 2(e)

F7 Words in s. 562G(7)(a) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(6)(a); S.I. 2015/375, art. 2(e)

F8 Words in s. 562G(7)(b) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(6)(b); S.I. 2015/375, art. 2(e)

F9 Words in s. 562G(8) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(7)(a); S.I. 2015/375, art. 2(e)

F10 Words in s. 562G(8)(a) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(7)(b); S.I. 2015/375, art. 2(e)