The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014
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Change 1
34 Effect of decision to prepare EHC plan following detained person’s EHC needs assessment
(1) This Article applies if, in light of a detained person’s EHC needs assessment under this Part, the home authority decides it is necessary for special educational provision to be made for a detained person in accordance with an EHC plan on release from detention. (2) The new law applies in relation to the detained person as if the assessment had been carried out under Part 3 of the 2014 Act, subject to paragraphs (3) , (3A) and (4). (3) Subject to paragraph (3A), regulation 13 of the Detained Persons Regulations 2015 applies as if paragraph (2) required the finalised EHC plan to be sent to— (a) the appropriate person, (b) the person in charge of the relevant youth accommodation where the detained person is detained, (c) the youth offending team responsible for the detained person, (d) the governing body, proprietor or principal of the school or other institution named in the EHC plan, (e) the home commissioning body, and (f) the detained person’s health services commissioner, as soon as practicable, and in any event within the period of 18 weeks beginning with the day on which the detained person’s EHC needs assessment began. (3A) Where notice of an assessment has been given under Article 32(1) before 1stSeptember 2015, the finalised EHC plan is required to be sent to the parties listed in paragraph (3) as soon as is practicable, and in any event within the period of 14 weeks beginning with the day on which the detained person’s EHC needs assessment began. (4) The local authority must cease to keep the statement for the detained person when the EHC plan is made. (5) The new law has effect in relation to the detained person (to the extent that it has not done so already), and the old law ceases to have effect in relation to the detained person, at that time.
34 Effect of decision to prepare EHC plan following detained person’s EHC needs assessment
(1) This Article applies if, in light of a detained person’s EHC needs assessment under this Part, the home authority decides it is necessary for special educational provision to be made for a detained person in accordance with an EHC plan on release from detention. (2) The new law applies in relation to the detained person as if the assessment had been carried out under Part 3 of the 2014 Act, subject to paragraphs (3) , (3A) and (4). (3) Subject to paragraph (3A), regulation 13 of the Detained Persons Regulations 2015 applies as if paragraph (2) required the finalised EHC plan to be sent to— (a) the appropriate person, (b) the person in charge of the relevant youth accommodation where the detained person is detained, (c) the youth offending team responsible for the detained person, (d) the governing body, proprietor or principal of the school or other institution named in the EHC plan, (e) the home commissioning body, and (f) the detained person’s health services commissioner, as soon as practicable, and in any event within the period of 18 weeks beginning with the day on which the detained person’s EHC needs assessment began. (3A) Where notice of an assessment has been given under Article 32(1) before 1stSeptember 2015, the finalised EHC plan is required to be sent to the parties listed in paragraph (3) as soon as is practicable, and in any event within the period of 14 weeks beginning with the day on which the detained person’s EHC needs assessment began. (4) The local authority must cease to keep the statement for the detained person when the EHC plan is made. (5) The new law has effect in relation to the detained person (to the extent that it has not done so already), and the old law ceases to have effect in relation to the detained person, at that time.
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