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

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

5.—(1) The home authority must notify the appropriate person and the person in charge of the relevant youth accommodation where the detained person is detained as soon as practicable and 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,

of its decision whether or not it is necessary to secure a detained person’s EHC needs assessment.

(2) The home authority must also notify the persons who were notified in accordance with regulation 4(2) of its decision.

(3) When notifying the appropriate person of its decision that it is not necessary to secure a detained person’s EHC needs assessment, it must also notify them of—

(a) their right to appeal that decision,

(b) the time limits for doing so,

(c) the information concerning mediation, set out in regulation 18, and

(d) the availability of information and advice in connection with a detained person’s EHC needs assessment.

(4) The home authority need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because—

(a) the home authority has requested advice from the head teacher or principal of a school or post-16 institution (or person holding the equivalent position) during a period beginning one week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens,

(b) exceptional personal circumstances affect the detained person or, where the detained person is a child, the child’s parent during the time period referred to in paragraph (1), or

(c) where the detained person is a child, the child’s parent is absent from the area of the authority for a continuous period of not less than 4 weeks during the time period referred to in paragraph (1).