The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014
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35 Effect of decision not 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 not necessary for special educational provision to be made for a detained person in accordance with an EHC plan. (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) and (3A). (3) Subject to paragraph (3A), regulation 10 of the Detained Persons Regulations 2015 applies as if— (a) paragraph (1) required the notification to be given in accordance with section 71(10) of the 2014 Act to be given 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, and (b) paragraph (2) required the home authority to notify— (i) the home commissioning body, (ii) the detained person’s health services commissioner, (iii) the youth offending team responsible for the detained person, and (iv) the person (if any) notified in accordance with Article 32(f), (h), (i) and (j). (3A) Where notice of an assessment has been given under Article 32(1) before 1st September 2015, paragraph (3) of this Article applies except that regulation 10 of the Detained Persons Regulations 2015 applies as if paragraph (1) of that regulation required the notification to be given in accordance with section 71(10) of the 2014 Act to be given as soon as is practicable, and in any event within the period of 10 weeks beginning with the day on which the detained person’s EHC needs assessment began. (4) The home authority must cease to keep the statement for the detained person at the relevant time (but must keep the statement until that time). (5) The new law has effect in relation to the detained person (to the extent it has not done so already), and the old law ceases to have effect in relation to the detained person, at the relevant time. (6) If no appeal is brought under section 73(2)(b) of the 2014 Act, against the decision referred to in paragraph (1) within the period allowed for bringing such an appeal, the relevant time is at the end of that period. (7) If an appeal is brought under section 73(2)(b) of the 2014 Act against the decision referred to in paragraph (1) within the period allowed for bringing such an appeal, the relevant time is— (a) where the appeal is withdrawn or abandoned, when it is withdrawn or abandoned; (b) where, on the final determination of the appeal, it is dismissed, when it is dismissed; (c) where, on the final determination of the appeal, the home authority is ordered to make and keep an EHC plan, when the plan is made; (d) where, on the final determination of the appeal, the case is referred back to the home authority for it to consider whether it is necessary for it to determine the special educational provision for the child or young person, the time found by applying paragraph (6) and this paragraph to the home authority’s decision following the consideration as if the decision were one under paragraph (1).
35 Effect of decision not 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 not necessary for special educational provision to be made for a detained person in accordance with an EHC plan. (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) and (3A). (3) Subject to paragraph (3A), regulation 10 of the Detained Persons Regulations 2015 applies as if— (a) paragraph (1) required the notification to be given in accordance with section 71(10) of the 2014 Act to be given 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, and (b) paragraph (2) required the home authority to notify— (i) the home commissioning body, (ii) the detained person’s health services commissioner, (iii) the youth offending team responsible for the detained person, and (iv) the person (if any) notified in accordance with Article 32(f), (h), (i) and (j). (3A) Where notice of an assessment has been given under Article 32(1) before 1st September 2015, paragraph (3) of this Article applies except that regulation 10 of the Detained Persons Regulations 2015 applies as if paragraph (1) of that regulation required the notification to be given in accordance with section 71(10) of the 2014 Act to be given as soon as is practicable, and in any event within the period of 10 weeks beginning with the day on which the detained person’s EHC needs assessment began. (4) The home authority must cease to keep the statement for the detained person at the relevant time (but must keep the statement until that time). (5) The new law has effect in relation to the detained person (to the extent it has not done so already), and the old law ceases to have effect in relation to the detained person, at the relevant time. (6) If no appeal is brought under section 73(2)(b) of the 2014 Act, against the decision referred to in paragraph (1) within the period allowed for bringing such an appeal, the relevant time is at the end of that period. (7) If an appeal is brought under section 73(2)(b) of the 2014 Act against the decision referred to in paragraph (1) within the period allowed for bringing such an appeal, the relevant time is— (a) where the appeal is withdrawn or abandoned, when it is withdrawn or abandoned; (b) where, on the final determination of the appeal, it is dismissed, when it is dismissed; (c) where, on the final determination of the appeal, the home authority is ordered to make and keep an EHC plan, when the plan is made; (d) where, on the final determination of the appeal, the case is referred back to the home authority for it to consider whether it is necessary for it to determine the special educational provision for the child or young person, the time found by applying paragraph (6) and this paragraph to the home authority’s decision following the consideration as if the decision were one under paragraph (1).
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