PART 2INDIVIDUAL DEVELOPMENT PLANS

Detention under Part 3 of Mental Health Act 1983; application of 2018 Act

Child or young person without individual development plan prior to detention in hospital23.

(1)

This regulation applies where—

(a)

a child is subject to a detention order,

(b)

the child is detained in hospital under Part 3 of the 1983 Act, and

(c)

immediately before the beginning of the detention in hospital, an individual development plan was neither being maintained nor being kept for the child under Part 2 of the 2018 Act.

(2)

This regulation also applies where—

(a)

on or after 1 September 2022—

(i)

a young person is subject to a detention order,

(ii)

the young person is detained in hospital under Part 3 of the 1983 Act, and

(b)

immediately before the beginning of the detention in hospital, an individual development plan was neither being maintained nor being kept for the young person under Part 2 of the 2018 Act.

(3)

The 2018 Act and other provisions under Part 2 of that Act (including these Regulations) apply with the modifications provided for in Schedule 2 in relation to the child or young person while that child or young person is subject to a detention order and detained in hospital under Part 3 of the 1983 Act (in particular, see section 13).