The Special Educational Needs and Disability (Detained Persons) Regulations 2015

PART 1Introduction

1Citation and commencement

2Interpretation

2ARelaxation of time periods due to coronavirus exception

PART 2Detained persons with special educational needs

3Consideration of request

4Determination whether or not special educational provision may be necessary

5Decision whether or not to conduct a detained person's EHC needs assessment

6Information and advice to be obtained for a detained person's EHC Needs Assessments

7Matters to be taken into account in securing a detained person's EHC needs assessment

8Duty to co-operate in a detained person's EHC needs assessment

9Provision of advice, information and support to the appropriate person

10Decision not to secure an EHC plan

11Preparation of EHC plans for a detained person

12Form of EHC plan

13Timescales for EHC plans

14Sending the finalised EHC plan

15Needs assessments which are not completed

16Transfer of a kept EHC plan

17Restriction on disclosure of EHC plans

18Information to be included in notices sent by a home authority

19Requirement to consider mediation

20Where the appropriate person does not wish to or fails to pursue mediation

22Arrangements for mediation

23Attendance at the mediation

24Mediation certificate under section 55(5) of the Act

25Training, qualifications and experience of mediators

27Steps to be taken by a home authority

28Powers of the First-tier Tribunal

29Compliance with the orders of the First-tier Tribunal

30Unopposed appeals

Appropriate persons and detained persons lacking capacity

31Where a child's parent lacks capacity

32Where a young person lacks capacity

33Mental Capacity Act 2005

The regulations referred to in regulation 32(2)(a) are—

The regulation referred to in regulation 32(2)(b) is—

regulation 17(3) (second reference).

2015 No. 62

Education, England

The Special Educational Needs and Disability (Detained Persons) Regulations 2015

Made26th January 2015

Laid before Parliament28th January 2015

Coming into force1st April 2015

The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 31(4), 36(11), 37(4) M1, 44(7), 56(1) M2, 71(11), 73(4), 74(3), 80(1) and 135(3) of the Children and Families Act 2014 M3: