Article 36 Detained persons for whom an EHC needs assessment cannot be secured before 1st April 2018F1

(1)

This Article applies to a detained person if this Part first applies to him or her by virtue of Parts 3, 4 or 5—

(a)

on or after 1st April 2018, or

(b)

at a time before that date at which it is not practicable to secure that a detained person’s EHC needs assessment for him or her is carried out and concluded before that date.

(2)

The old law ceases to apply in relation to the detained person—

(a)

from the time at which this Part first applies to him or her, or

(b)

if later, from the beginning of 1st April 2018.

(3)

The new law applies in relation to the detained person from that time.

(4)

Paragraphs (2) and (3) do not prevent the statement which is being kept for a detained person from continuing to have effect; but from the time mentioned in paragraph (2) it has effect as if the special educational provision specified in it were specified in an EHC plan kept for him or her.

(5)

The home authority that keeps the statement for a detained person must secure that a detained person’s EHC needs assessment for him or her is carried out and concluded as soon as it is reasonably practicable after this Part begins to apply to him or her.

Annotations

Textual amendments

F1: Pt. 7 substituted (1.4.2015) by The Children and Families Act 2014 (Transitional and Saving Provisions) (Amendment) Order 2015 (S.I. 2015/505), arts. 1, 8