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Apprenticeships, Skills, Children and Learning Act 2009

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51Detention of child or young person: local education authorities to be notifiedE+W

This sectionnoteType=Explanatory Notes has no associated

After section 39 of the Crime and Disorder Act 1998 (c. 37) insert—

39ADetention of child or young person: local education authorities to be notified

(1)Subsection (2) applies where a youth offending team becomes aware that—

(a)a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

(b)a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

(2)The youth offending team must as soon as practicable notify—

(a)the home local education authority, and

(b)the host local education authority,

of the place where the child or young person is detained.

(3)Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation.

(4)The youth offending team must as soon as practicable notify the following authorities of the release—

(a)the home local education authority;

(b)the host local education authority;

(c)any other local education authority in whose area the youth offending team expects the person to live on release.

(5)Nothing in this section requires a youth offending team to notify a local education authority of any matter of which the authority is already aware.

(6)In this section—

  • home local education authority”, in relation to a child or young person, means the local education authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);

  • host local education authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local education authority for the area in which that person is detained;

  • young person” includes a person who is aged 18;

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

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