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

Compliance with the orders of the First-tier Tribunal

29.—(1) This regulation applies if the First-tier Tribunal makes an order requiring a home authority to take any action.

(2) If the order requires a home authority to make a detained person’s EHC needs assessment, the home authority within 2 weeks of the order being made must notify the appropriate person that it must make the assessment.

(3) If following a detained person’s EHC needs assessment, the home authority—

(a) decides it is not necessary for special educational provision to be made for the detained person, in accordance with an EHC plan, the home authority must notify the appropriate person of its decision, giving reasons for it as soon as practicable, and in any event within 10 weeks of the date of the First-tier Tribunal’s order, or

(b) decides that it is necessary for special educational provision to be made for the detained person, in accordance with an EHC plan, the home authority must send the finalised plan to the appropriate person under regulation 14 and those specified in regulation 13(2) as soon as practicable and in any event within 14 weeks of the date of the First-tier Tribunal’s order.

(4) If the order requires a home authority to make and maintain an EHC plan, the home authority must—

(a) issue a draft EHC plan within 5 weeks of the order being made, and

(b) send a copy of the finalised EHC plan to the appropriate person under regulation 14(2) and those specified in regulation 13(2) as soon as practicable and in any event within 11 weeks of the date of the First-tier Tribunal’s order.

(5) If the order refers the case back to the home authority for it to reconsider, the home authority must do so within 2 weeks of the order being made and must either send a copy of the draft EHC plan as required under regulation 12 or give notice as required under regulation 5 of any decision not to maintain an EHC plan.

(6) If the order requires the home authority to amend the name of the school or other institution or the type of school or other institution specified in the EHC plan, the home authority must issue the amended EHC plan within 2 weeks of the order being made.

(7) The home authority need not comply with the time limits specified in paragraph (4) and (5) if it is impractical to do so because—

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

(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 2 weeks or more during that period of time; or

(c) the circumstances referred to in regulation 10(4)(a) apply.

(8) The time-limits for action by the home authority specified by this regulation may be varied by direction of the First-tier Tribunal.