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

Timescales for EHC plans

13.—(1) When a home authority sends a draft plan to the appropriate person it must—

(a) give them at least 15 days, beginning with the day on which the draft plan was served, in which to—

(i) make representations about the content of the draft plan, and to request that a particular school or other institution be named in the plan, and

(ii) require the home authority to arrange a meeting between them and an officer of the home authority at which the draft plan can be discussed, and

(b) advise them where they can find information about the schools and colleges that are available for the detained person to attend on release from detention.

(2) A home authority must send the finalised EHC plan to—

(a) the appropriate person,

(b) the person in charge of the relevant youth accommodation where the detained person is detained,

(c) the youth offending team responsible for the detained person,

(d) the governing body, proprietor or principal of any school, or other institution named in the EHC plan,

(e) the home commissioning body, and

(f) the detained person’s health services commissioner

as soon as practicable, and in any event within 20 weeks of the home authority receiving a request for an EHC needs assessment in accordance with section 71(2) of the Act, or on the date which the detained person has been brought or comes to the attention of the authority in accordance with section 71(4)(b) or (c) of the Act.

(3) The home authority need not comply with the time limit referred to in paragraph (2) if it is impractical for any of the reasons set out in regulation 10(4)(a) to (c)