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 hospitalI123

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).