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| |
| |
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| | (5) | If the regulations include provision authorising direct payments, they |
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| | |
| | (a) | require the consent of the recipient, or (in prescribed |
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| | circumstances) a person of a prescribed description, to be |
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| | obtained before direct payments are made; |
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| | (b) | require the authority to stop making direct payments where the |
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| | required consent is withdrawn. |
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| | (6) | Any special guardianship support services secured by means of direct |
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| | payments made by a local authority are to be treated as special |
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| | guardianship support services provided by the authority for all purposes, |
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| | subject to any prescribed conditions or exceptions. |
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| | (7) | In this section “prescribed” means prescribed by regulations.’. |
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| |
| | Special guardianship support services: duty to provide information |
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| |
| | |
| To move the following Clause:— |
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| | ‘In Part 2 of the Children Act 1989, after section 14G (Special guardianship |
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| | support services: personal budgets), insert— |
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| | “14H | Special guardianship support services: duty to provide information |
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| | (1) | Except in circumstances prescribed by regulations, a local authority in |
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| | England must provide the information specified in subsection (2) to— |
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| | (a) | any person who has contacted the authority to request |
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| | information about special guardianship support, |
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| | (b) | any person within the authority’s area who the authority are |
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| | aware is a special guardian for a child, and |
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| | (c) | any person within the authority’s area who is a special guardian |
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| | and has contacted the authority to request any of the information |
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| | specified in subsection (2). |
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| | |
| | (a) | information about the special guardianship support services |
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| | available to people in the authority’s area; |
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| | (b) | information about the right to request an assessment under |
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| | section 14F (assessments etc for special guardianship support |
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| | services), and the authority’s duties under that section and |
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| | regulations made under it; |
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| | (c) | information about the authority’s duties under section 14G |
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| | (special guardianship support services: personal budgets) and the |
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| | regulations made under it; |
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| | (d) | any other information prescribed by regulations.’. |
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| |
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| |
| |
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| | Review of impact of under-occupancy penalty on prospective adopters, prospective |
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| | special guardians and foster parents |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘Before the end of one year beginning with the day on which this Act receives |
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| | Royal Assent, the Secretary of State must— |
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| | (a) | carry out a review of the impact of the housing under-occupancy penalty |
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| | on prospective adopters, prospective special guardians and foster parents, |
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| | |
| | (b) | publish a report of the conclusions of the review.’. |
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| |
| | Pre-proceedings work with families |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 47 of the Children Act 1989 (Local authority’s duty to investigate) is |
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| | |
| | (2) | After subsection (12) insert— |
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| | “(13) | Where, as a result of complying with this section, a local authority |
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| | concludes that a child may need to become looked after in order to |
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| | safeguard and promote the child’s welfare, the local authority must, |
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| | unless emergency action is required,— |
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| | (a) | identify, and consider the willingness and suitability of any |
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| | relative, friend or other person connected with the child, to care |
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| | for them as an alternative to them becoming looked after by |
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| | |
| | (b) | offer the child’s parents or other person with parental |
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| | responsibility a family group conference to develop a plan which |
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| | will safeguard and promote the child’s welfare.”.’. |
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| |
| | Provision of health services for children looked after by local authorities |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Following a medical assessment at the time of a child being taken into care, the |
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| | clinical commissioning group has a duty to health services, where appropriate. |
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| |
| |
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| | (2) | Health services includes, but is not limited to, therapeutic counselling and other |
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| | mental health services.’. |
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| |
| | Welfare of the child - quality of parental relationship |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Section 1 of the Children Act 1989 (welfare of the child) is amended by the |
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| | addition at the end of subsection (3) of the following paragraph: |
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| | “(h) | the quality of the relationship that the child has with each of his |
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| | parents, both currently and in the foreseeable future.”.’. |
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| |
| | Arrangements for the provision of evidence by staff of a local authority or of an |
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| | authorised applicant in children proceedings |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must make arrangements to support a person who is |
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| | instructed to provide evidence for use in children proceedings if they are a |
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| | member of the staff of a local authority or of an authorised applicant under section |
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| | |
| | (2) | The arrangements described in subsection (1) may include— |
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| | (a) | training prior to the proceedings, |
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| | (b) | coaching whilst at court, |
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| | (c) | designated facilities at court to enable preparation for the proceedings, |
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| | |
| | (d) | any other arrangements the Secretary of State believes will enable |
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| | members of the staff of a local authority or of an authorised applicant to |
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| | provide evidence in the proceedings.’. |
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| |
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| |
| |
|
| | Duty to secure social care provision in accordance with EHC Plan |
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| |
| | |
| To move the following Clause:— |
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| | ‘( ) | A local authority that maintains an EHC plan for a child or young person must |
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| | secure the social care provision identified through an assessment under section 17 |
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| | of the Children Act 1989 specified in the plan.’. |
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| |
| | Continuity of special educational provision when a child or young person moves |
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| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies where— |
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| | (a) | a local authority (the “sending authority”) maintains an education, health |
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| | and care plan for a child or young person, and |
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| | (b) | another local authority (the “receiving authority”) is notified by the |
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| | child’s parent or the young person that they intend to move residence to |
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| | the receiving authority’s area. |
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| | (2) | Where the sending authority is notified by the child’s parent or the young person |
|
| | that they intend to move residence it must provide the receiving authority with a |
|
| | copy of the education, health and care plan. |
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| | (3) | The receiving authority must— |
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| | (a) | review the child or young person’s education health and care plan having |
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| | regard to the need for continuity of provision, and the outcomes specified |
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| | |
| | (b) | provide the child’s parent or the young person with such information as |
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| | it considers appropriate.’. |
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| |
| | Information sharing about live births |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | NHS trusts should make arrangements to share with local authorities records of |
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| | live births to parents resident in their area, to be used by the local authority for the |
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| | purposes of identifying and contacting new families through children’s centres |
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| | and any other early years outreach services it may operate. |
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| | (2) | The Secretary of State must, within a period of six months of Royal Assent to this |
|
| | Act, bring forward regulations placing consequential requirements on trusts and |
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|
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| |
| |
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| | local authorities in exercising their duty under subsection (1), including, but not |
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| | |
| | (a) | the format of arrangements made; |
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| | (b) | the safeguarding of information; |
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| | (c) | the circumstances in which it would not be appropriate for a trust to |
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| | provide information to local authorities; |
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| | (d) | the regularity of data transfers; |
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| | (e) | timescales within which a local authority must contact new families |
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| | |
| | (f) | any further requirements the Secretary of State deems necessary.’. |
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| |
| | Children and young people in mainstream schools with specified health conditions, |
|
| | without special educational needs |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The governing body of a mainstream school has a duty to produce and implement |
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| | a medical conditions policy that defines how it plans to support the needs of |
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| | children with specified health conditions. |
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| | (2) | The medical conditions policy must include provision about— |
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| | (a) | the means by which records of the specified health conditions of children |
|
| | at the school are to be recorded and maintained; and |
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| | (b) | the preparation of an individual healthcare plan for each child with a |
|
| | specified health condition which sets out the needs of that child arising |
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| | |
| | (3) | The medical conditions policy must include requirements relating to the |
|
| | provision of appropriate training for school staff to support the implementation of |
|
| | individual healthcare plans. |
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| | (4) | In preparing an individual healthcare plan the governing body must— |
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| | (a) | consult the parents of the child concerned and, where appropriate, the |
|
| | child about the contents of the plan; and |
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| | (b) | there shall be a duty on NHS bodies to co-operate with the governing |
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| | body in its preparation and implementation of individual healthcare |
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| | |
| | (5) | Local authorities and clinical commissioning groups must co-operate with |
|
| | governing bodies in fulfilling their functions under this Act. |
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| | (6) | The Secretary of State may by regulations define ‘specified health conditions’ for |
|
| | the purposes of this section. |
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| | (7) | For the purposes of this section ‘NHS bodies’ has the same meaning as in the |
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| | Health and Social Care Act 2012.’. |
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| |
|
|
| |
| |
|
| | Tribunal service: information on cases related to special educational needs |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must collect information on all cases related to special |
|
| | educational needs which are considered by the Tribunal Service, including— |
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| | (a) | the local authority involved; |
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| | (b) | the cost to the Tribunal Service; |
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| | (c) | the amount spent by the local authority on fighting each case; |
|
| | (d) | the nature of each case; and |
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| | (e) | the outcome of each case. |
|
| | (2) | The Secretary of State must collate and publish information collected in the |
|
| | exercise of his functions under subsection (1) once a year. |
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| | (3) | The following bodies must make arrangements to provide such information to the |
|
| | Secretary of State as is necessary to enable him to perform his functions under |
|
| | |
| | (a) | the Tribunal Service; |
|
| | |
| |
| | Early years area SEN co-ordinators |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Local authorities must appoint sufficient full-time equivalent members of staff (to |
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| | be known as Early Years Area SEN Co-ordinators) to have responsibility for co- |
|
| | ordinating provision for children in Ofsted-registered early years settings other |
|
| | than maintained nursery schools. |
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| | (2) | In assessing sufficiency of staffing levels under subsection (1) the local authority |
|
| | |
| | (a) | the number of children with special educational needs in its area |
|
| | registered with early years settings to which subsection (1) applies; |
|
| | (b) | the number and geographical location of early years settings to which |
|
| | |
| | (3) | Regulations may provide for— |
|
| | (a) | further considerations to be made by local authorities in exercising their |
|
| | duties under subsection (1); |
|
| | (b) | the specific responsibilities of Early Years Area SEN Co-ordinators. |
|
| | (4) | The Secretary of State shall publish guidance to local authorities to assist in |
|
| | exercising their functions under subsection (1). |
|
|
|
| |
| |
|
| | (5) | Local authorities must publish information on the provision of Early Years Area |
|
| | SEN Co-ordinators as part of exercising their duties under section 30 of this Act |
|
| | (local offer for children and young people with special educational needs).’. |
|
| |
| | Application of Part 3 to detained children and young people |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies to children and young people detained in custody in |
|
| | |
| | (a) | an order made by a court, or |
|
| | (b) | an order of recall made by the Secretary of State. |
|
| | (2) | Where a child or young person under the age of 18 to whom subsection (1) applies |
|
| | has an EHC plan immediately prior to commencing his or her custodial sentence, |
|
| | the local authority responsible for that child or young person must determine |
|
| | which elements of provision described in the said plan may be delivered during |
|
| | |
| | (3) | Where a child or young person under the age of 18 to whom subsection (1) applies |
|
| | has an EHC plan immediately prior to commencing his or her custodial |
|
| | |
| | (a) | if that sentence is greater than 13 weeks in minimum length, the |
|
| | responsible local authority may cease the plan; |
|
| | (b) | if the sentence is not more than 13 weeks in minimum length, the |
|
| | responsible local authority may consider whether it would be |
|
| | advantageous to continue to deliver any parts of the child or young |
|
| | person’s EHC plan during his or her detention. |
|
| | (4) | In the course of their considerations under subsections (2) and (3), the responsible |
|
| | local authority must consult— |
|
| | (a) | the child or young person concerned, and their family; |
|
| | (b) | the institution in which the child or young person will be detained; |
|
| | (c) | any organisations delivering education or training within or on behalf of |
|
| | the institution in which the child or young person will be detained, and; |
|
| | (d) | any professionals or agencies other than the local authority which |
|
| | currently provide services under the terms of the child or young person’s |
|
| | |
| | (5) | In the course of their considerations under subsections (2) and (3), the responsible |
|
| | local authority must have regard to— |
|
| | (a) | the nature of the crime for which the child or young person has been |
|
| | |
| | (b) | the age of the child or young person; |
|
| | (c) | the previous educational outcomes of the child or young person; |
|
| | (d) | the views of those consulted by virtue of subsection (4), and; |
|
|