Article 34 Effect of decision to prepare EHC plan following detained person’s EHC needs assessmentF1

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.

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) F2, (3A) and (4).

F3Subject 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—

as soon as practicable, and in any event within the period of F418 weeks beginning with the day on which the detained person’s EHC needs assessment began.

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.

The local authority must cease to keep the statement for the detained person when the EHC plan is made.

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.