OpenLegislation

Section 562H Release of detained person appearing to host authority to require assessmentF1F2

United Kingdom

(1)

This section applies in relation to the release from detention in relevant youth accommodation of a detained personF3—

(a)

in relation to whom section 562G does not applyF4, and

(b)

for whom the home authority are a local authority in Wales.

(2)

Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

(3)

If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

(4)

F5Subsection (6) applies where, on release, the detained person—

(a)

will be over compulsory school age, or

(b)

will cease to be of compulsory school age within one year.

F6(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

If—

(a)

the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

F7(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Annotations

Textual amendments

F1

Pt. 10 Ch. 5A inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)

F2

S. 562H omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(29); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F3

Words in s. 562H(1) renumbered as s. 562H(1)(a) (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(2)(a); S.I. 2015/375, art. 2(e)

F4

S. 562H(1)(b) and word inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(2)(b); S.I. 2015/375, art. 2(e)

F5

Words in s. 562H(4) substituted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(3); S.I. 2015/375, art. 2(e)

F6

S. 562H(5) omitted (1.4.2015) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(4); S.I. 2015/375, art. 2(e)

F7

S. 562H(6)(b) omitted (1.4.2015) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(5); S.I. 2015/375, art. 2(e)