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

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

8.—(1) Where a home authority requests the co-operation of a body in securing a detained person’s EHC needs assessment in accordance with section 31 of the Act, that body must comply with such a request within 6 weeks of the date on which they receive it.

(2) A body need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because—

(a) exceptional circumstances affect the detained person or, where the detained person is a child, the child’s parent during that 6 week period;

(b) 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 that 6 week period;

(c) where the detained person has an alternative person, the alternative person is absent from the area of the authority for a continuous period of not less than 4 weeks during that 6 week period;

(d) the detained person fails to keep an appointment for an examination or a test made by the body, during that 6 week period.