Section 48 Release of child or young person for whom EHC plan previously maintainedI1

(1)

This section applies where—

(a)

a child or young person who has been subject to a detention order (within the meaning of section 562(1A)(a) of EA 1996) is released,

(b)

on the release date, a local authority in England becomes responsible for him or her, and

(c)

an EHC plan was—

(i)

maintained for him or her immediately before the start of the detention, or

(ii)

kept for him or her under section 74 during the detention.

(2)

The local authority must—

(a)

maintain the plan, and

(b)

review the plan as soon as reasonably practicable after the release date.

(3)

Subsection (2)(b) is subject to any contrary provision in regulations under section 44(7)(b).

Annotations

I1: S. 48 in force at 1.9.2014 by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

C1: Pt. 3 modified (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 31(1), 32(1)