Part X

Miscellaneous and general
Chapter 5A

Persons detained in youth accommodation

Provisions applying to detained persons

Provision of information about detained persons
562F
1
Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—
a
the home authority, or
b
the host authority,
for the purposes of, or in connection with, the provision of education or training for the detained person.
2
A local authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.
3
A request is made under this subsection if it—
a
is made by a person within subsection (4), and
b
asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).
4
Those persons are—
a
any other local authority;
b
a youth offending team established under section 39 of the Crime and Disorder Act 1998;
c
the person in charge of any place at which the detained person is detained or is expected to be detained;
d
any person providing or proposing to provide education or training for the detained person.
5
The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.
6
In subsection (5), “
relevant assessment report
” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—
a
under section 140 of the Learning and Skills Act 2000, and
b
by virtue of arrangements made by the Welsh Ministers.
7
Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.
8
The host authority must provide to the home authority any information they hold which—
a
relates to the detained person, and
b
may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.
9
The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.
10
Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.
11
In this section any reference to the host authority, in relation to a detained person, includes a reference to any local authority in whose area the person is expected to be detained.
Pt. 10 Ch. 5A inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)
S. 562F(5)(6) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(27); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3