The Children and Families Act 2014 (Transitional and Saving Provisions) (Amendment) Order 2015

Amendment of the Children and Families Act 2014 (Transitional and Saving Provisions) (No.2) Order 2014

7.  After Article 29 (duty to anticipate application of section 36 of the 2014) insert—

Detained persons who have had a pre-commencement learning difficulty assessment

29A.— (1) This Article applies to a detained person for whom an assessment under section 139A of the Learning Skills Act 2000 was completed before the commencement date.

(2) For this purpose an assessment under that section is completed when the written report described in section 139B of the Learning Skills Act 2000 which results from the assessment is completed.

(3) Despite the coming into force of section 71 of the 2014 Act on 1st April 2015, that section does not have effect in relation to the detained person before 1st September 2016.

(4) Paragraph (3) does not apply if, before 1st September 2016—

(a) the detained person requests the home authority to secure a detained person’s EHC needs assessment for him or her,

(b) a person acting on behalf of a post-16 institution requests the home authority to secure such an assessment,

(c) the person in charge of the relevant youth accommodation where the detained person is detained requests the home authority to secure such an assessment, or

(d) the home authority decides to secure such an assessment.

(5) The home authority may decide to secure such an assessment only if it thinks that—

(a) the detained person has or may have special educational needs, and

(b) it may be necessary for special educational provision to be made for him or her in accordance with an EHC plan on release from detention.

(6) Where a home authority secures a detained person’s EHC needs assessment under this Article, the new law applies in relation to the assessment, as if it were an assessment under section 71 of the 2014 Act.

Duty to anticipate application of section 71 of the 2014 Act

29B.   After 31st August 2015 a home authority must have regard to the fact that it may be under a duty on or after 1st September 2016 to secure a detained person’s EHC needs assessment for a detained person to whom Article 29A applies and who is expected to attend a post-16 institution on or after that date.”.