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

Decision not to secure an EHC plan E+W

10.—(1) Where, following a detained person's EHC needs assessment, a home authority decides that it is not necessary for special educational provision to be made for the detained person in accordance with an EHC plan, the notification given in accordance with section 71(10) of the Act must be given as soon as practicable, and in any event within 16 weeks of the home authority receiving a request for a detained person's EHC needs assessment in accordance with section 71(2) of the Act, or the date on which the detained person has been brought or comes to the attention of the authority in accordance with section 71(4)(b) or (c) of the Act.

(2) The home authority must also notify —

(a) the home commissioning body,

(b) the detained person's health services commissioner,

(c) the youth offending team responsible for the detained person, and

(d) the person notified in accordance with regulation 4(2)(e),(f) or (g).

(3) When notifying the appropriate person in accordance with paragraph (1) the home authority must also notify them of—

(a) their right to appeal that decision,

(b) the time limits for doing so,

(c) the information concerning mediation, set out in regulation 18, and

(d) the availability of information and advice relating to the special educational needs of children and young people.

(4) The home authority need not comply with the time limit referred to in paragraph (1) if it is impractical to do so because—

(a) the authority has requested advice from the head teacher or principal of a school or post-16 institution (or person holding the equivalent position) during a period beginning one week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;

(b) exceptional personal circumstances affect the detained person or, where the detained person is a child, the child's parent during that time period; [F1 or]

(c) where the detained person is a child, the child's parent is absent from the area of the authority for a continuous period of not less than 4 weeks during that time period [F2 ; or

(d) of a reason relating to the incidence or transmission of coronavirus].

Textual Amendments

F1 Word in reg. 10(4)(b) omitted (temp. until 25.9.2020) (1.5.2020) by virtue of The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/471), regs. 1, 24(a) (with reg. 2(2))

F2 Reg. 10(4)(d) and word inserted (temp. until 25.9.2020) (1.5.2020) by The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/471), regs. 1, 24(b) (with reg. 2(2))