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

Determination whether or not special educational provision may be necessary

4.—(1) Where a home authority determines that it is not necessary for special educational provision to be made for the detained person in accordance with an EHC plan on release from detention it must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained, in accordance with section 71(6) of the Act as soon as practicable, but in any event within 6 weeks of—

(a) receiving a request to secure a detained person’s EHC needs assessment under section 71(2) of the Act, or

(b) the date on 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.

(2) Where the home authority is considering securing a detained person’s EHC needs assessment it must also notify—

(a) the home commissioning body,

(b) the detained person’s health services commissioner,

(c) the officers of the home authority who exercise the home authority’s social services functions for children or young people with special educational needs,

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

(e) in relation to a detained person who is a child, if the child is a registered pupil(1) at a school, the head teacher of that school (or the person holding the equivalent position),

(f) in relation to a detained person who is a young person—

(i) if the young person is a registered pupil at a school, the head teacher of that school (or the person holding the equivalent position), or

(ii) if the young person is a student at a post-16 institution, the principal of that institution (or the person holding the equivalent position), and

(g) in relation to a detained person who has been deleted from the admission register in accordance with regulation 8(1)(i) of the Education (Pupil Registration)(England) Regulations 2006(2), the person from whom the authority is required to seek advice and information from under regulation 6(1)(b).

(1)

Pupil has the meaning in section 3 of EA 1996.

(2)

S.I 2006/1751 to which there are amendments not relevant to these Regulations.