Part 2

Local authority functions

Persons detained in youth accommodation

Release from detention of child or young person with special educational needs
52
1
The Education Act 1996 (c. 56) is amended as follows.
2
After section 312 insert—

Children subject to detention
312A
1
No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.
2
The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.
3
Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.
4
In subsection (3) “the beginning of the detention” means—
a
the beginning of the period of detention in relevant youth accommodation, or
b
where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.
5
For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.
6
Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—
a
the old authority must transfer the statement to the new authority, and
b
from the child's release, the statement is to be treated as being maintained by the new authority under section 324.
3
In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—
aa
where the child concerned—
i
has been subject to a detention order, and
ii
immediately before release was detained in relevant youth accommodation,
on the child's release from detention,
.
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , Sch. 2 para. 16(2)
S. 52 in force at 1.9.2010 for E. by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)
S. 52 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(d)