PART 2Detained persons with special educational needs

EHC plans

Needs assessments which are not completed15

1

—Where as a consequence of a release from detention, a local authority is required to complete an EHC needs assessment in respect of a child or young person for whom a detained person's EHC needs assessment was started but not completed; the local authority must ensure, that —

a

any EHC plan is finalised within 20 weeks;

b

any decision not to secure an EHC plan is finalised within 16 weeks;

c

a decision whether or not to secure an EHC needs assessment is made within 6 weeks;

from the date which the detained person has been brought or comes to the attention of the local authority in accordance with section 71(4)(b) or (c) of the Act.

2

Where paragraph (1) applies, a local authority may treat anything done in relation to a detained person's EHC needs assessment as discharging any comparable requirement in relation to an EHC needs assessment.

3

Paragraph (1) does not apply where the local authority carrying out the EHC needs assessment post-detention is different from the home authority which started the detained person's EHC needs assessment.

4

Where as a consequence of a detention order a home authority is required to complete a detained person's EHC needs assessment in respect of a detained person for whom an EHC needs assessment was started but not completed, the local authority must ensure that —

a

any EHC plan is finalised within the 20 weeks specified in regulation 13(2);

b

any decision not to secure an EHC plan is finalised within the 16 weeks specified in regulation 10(1);

c

a decision whether or not to secure an EHC needs assessment is made within the 6-weeks specified in regulation 5(1);

from the date which the local authority became responsible for the child or young person.

5

Where paragraph (4) applies, a home authority may treat anything done in relation to an EHC needs assessment as discharging any comparable requirement in relation to a detained person's EHC needs assessment.

6

In this regulation, “comparable requirement” has the meaning set out in the code of practice issued under section 77(1) of the Act.