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|
| |
| | |
|
| |
| |
| (f) | any amendment made by this Part of a provision which applies to, |
|
| or in relation to, a child or young person detained in pursuance of— |
|
| (i) | an order made by a court, or |
|
| (ii) | an order of recall made by the Secretary of State. |
|
| (3) | Regulations may apply any provision of this Part, with or without |
|
| modifications, to or in relation to a child or young person detained in |
|
| |
| (a) | an order made by a court, or |
|
| (b) | an order of recall made by the Secretary of State. |
|
| (4) | The Secretary of State must consult the Welsh Ministers before making |
|
| regulations under subsection (3) which will apply any provision of this |
|
| Part to, or in relation to, a child or young person who is detained in Wales. |
|
| (5) | For the purposes of this Part— |
|
| “appropriate person”, in relation to a detained person, means— |
|
| (a) | where the detained person is a child, the detained person’s |
|
| |
| (b) | where the detained person is a young person, the detained |
|
| |
| “detained person” means a child or young person who is— |
|
| |
| (b) | subject to a detention order (within the meaning of section |
|
| 562(1A)(a) of EA 1996), and |
|
| (c) | detained in relevant youth accommodation, |
|
| and in provisions applying on a person’s release, includes a person |
|
| who, immediately before release, was a detained person; |
|
| “detained person’s EHC needs assessment” means an assessment of |
|
| what the education, health care and social care needs of a detained |
|
| person will be on his or her release from detention; |
|
| “relevant youth accommodation” has the same meaning as in section |
|
| 562(1A)(b) of EA 1996, save that it does not include relevant youth |
|
| accommodation which is not in England. |
|
| (6) | For the purposes of this Part— |
|
| (a) | “beginning of the detention” has the same meaning as in Chapter |
|
| 5A of Part 10 of EA 1996 (persons detained in youth |
|
| |
| (b) | “the home authority” has the same meaning as in that Chapter, |
|
| subject to regulations under subsection (7) (and regulations under |
|
| section 562J(4) of EA 1996 made by the Secretary of State may also |
|
| make provision in relation to the definition of “the home authority” |
|
| for the purposes of this Part). |
|
| (7) | For the purposes of this Part, regulations may provide for paragraph (a) of |
|
| the definition of “the home authority” in section 562J(1) of EA 1996 (the |
|
| home authority of a looked after child) to apply with modifications in |
|
| relation to such provisions of this Part as may be specified in the |
|
| |
105 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Assessment of post-detention education, health and care needs of detained |
|
| |
| (1) | This section applies in relation to a detained person for whom— |
|
| (a) | the home authority is a local authority in England, and |
|
| (b) | no EHC plan is being kept by a local authority. |
|
| (2) | A request to the home authority to secure a detained person’s EHC needs |
|
| assessment for the detained person may be made by— |
|
| (a) | the appropriate person, or |
|
| (b) | the person in charge of the relevant youth accommodation where |
|
| the detained person is detained. |
|
| (3) | Where this subsection applies, the home authority must determine |
|
| whether it may be necessary for special educational provision to be made |
|
| for the detained person in accordance with an EHC plan on release from |
|
| |
| (4) | Subsection (3) applies where— |
|
| (a) | a request is made under subsection (2), |
|
| (b) | the detained person has been brought to the home authority’s |
|
| attention by any person as someone who has or may have special |
|
| |
| (c) | the detained person has otherwise come to the home authority’s |
|
| attention as someone who has or may have special educational |
|
| |
| (5) | In making a determination under subsection (3), the home authority must |
|
| |
| (a) | the appropriate person, and |
|
| (b) | the person in charge of the relevant youth accommodation where |
|
| the detained person is detained. |
|
| (6) | Where the home authority determines that it will not be necessary for |
|
| special educational provision to be made for the detained person in |
|
| accordance with an EHC plan on release from detention, it must notify the |
|
| appropriate person and the person in charge of the relevant youth |
|
| accommodation where the detained person is detained— |
|
| (a) | of the reasons for that determination, and |
|
| (b) | that accordingly it has decided not to secure a detained person’s |
|
| EHC needs assessment for the detained person. |
|
| (7) | Subsection (8) applies where— |
|
| (a) | the detained person has not been assessed under this section or |
|
| section 36 during the previous six months, and |
|
| (b) | the home authority determines that it may be necessary for special |
|
| educational provision to be made for the detained person in |
|
| accordance with an EHC plan on release from detention. |
|
| (8) | The home authority must notify the appropriate person and the person in |
|
| charge of the relevant youth accommodation where the detained person is |
|
| |
| (a) | that it is considering securing a detained person’s EHC needs |
|
| assessment for the detained person, and |
|
|
|
| |
| | |
|
| (b) | that the appropriate person and the person in charge of the relevant |
|
| youth accommodation where the detained person is detained each |
|
| |
| (i) | express views to the authority (orally or in writing), and |
|
| (ii) | submit evidence to the authority. |
|
| (9) | The home authority must secure a detained person’s EHC needs |
|
| assessment if, after having regard to any views expressed and evidence |
|
| submitted under subsection (8), the authority is of the opinion that— |
|
| (a) | the detained person has or may have special educational needs, and |
|
| (b) | it may be necessary for special educational provision to be made for |
|
| the detained person in accordance with an EHC plan on release |
|
| |
| (10) | After a detained person’s EHC needs assessment has been carried out, the |
|
| local authority must notify the appropriate person and the person in charge |
|
| of the relevant youth accommodation where the detained person is |
|
| |
| (a) | the outcome of the assessment, |
|
| (b) | whether it proposes to secure that an EHC plan is prepared for the |
|
| |
| (c) | the reasons for that decision. |
|
| (11) | Regulations may make provision about detained persons’ EHC needs |
|
| assessments, in particular— |
|
| (a) | about requests under subsection (2); |
|
| (b) | imposing time limits in relation to consultation under subsection |
|
| |
| |
| (d) | about expressing views and submitting evidence under subsection |
|
| |
| (e) | about how detained persons’ EHC needs assessments are to be |
|
| |
| (f) | about advice to be obtained in connection with a detained person’s |
|
| |
| (g) | about combining a detained person’s EHC needs assessment with |
|
| |
| (h) | about the use for the purposes of a detained person’s EHC needs |
|
| assessment of information obtained as a result of other assessments; |
|
| (i) | about the use of information obtained as a result of a detained |
|
| person’s EHC needs assessment, including the use of that |
|
| information for the purposes of other assessments; |
|
| (j) | about the provision of information, advice and support in |
|
| connection with a detained person’s EHC needs assessment.” |
|
106 | Insert the following new Clause— |
|
| “Securing EHC plans for certain detained persons |
|
| (1) | Where, in the light of a detained person’s EHC needs assessment it is |
|
| necessary for special education provision to be made for the detained |
|
| person in accordance with an EHC plan on release from detention, the |
|
| home authority must secure that an EHC plan is prepared for him or her. |
|
|
|
| |
| | |
|
| (2) | Sections 37(2) to (6) and 38 to 40 apply in relation to an EHC plan secured |
|
| under subsection (1) as they apply to an EHC plan secured under section |
|
| 37(1), with the following modifications— |
|
| (a) | references to “the child or young person” are to be read as |
|
| references to the detained person, |
|
| (b) | references to the local authority are to be read as references to the |
|
| |
| (c) | references to the child’s parent or the young person are to be read |
|
| as references to the appropriate person. |
|
| (3) | Section 33(2) to (7) apply where a home authority is securing the |
|
| preparation of an EHC plan under this section as they apply where a local |
|
| authority is securing a plan under section 37, with the following |
|
| |
| (a) | references to “the child or young person” are to be read as |
|
| references to the detained person, |
|
| (b) | references to the local authority are to be read as references to the |
|
| |
| (c) | references to the child’s parent or the young person are to be read |
|
| as references to the appropriate person, and |
|
| (d) | the reference in subsection (2) to section 39(5) and 40(2) is to be read |
|
| as a reference to those provisions as applied by subsection (2) of this |
|
| |
107 | Insert the following new Clause— |
|
| “EHC plans for certain detained persons: appeals and mediation |
|
| (1) | An appropriate person in relation to a detained person may appeal to the |
|
| First-tier Tribunal against the matters set out in subsection (2), subject to |
|
| section 52 (as applied by this section). |
|
| |
| (a) | a decision of the home authority not to secure a detained person’s |
|
| EHC needs assessment for the detained person; |
|
| (b) | a decision of the home authority, following a detained person’s |
|
| EHC needs assessment, that it is not necessary for special |
|
| educational provision to be made for the detained person in |
|
| accordance with an EHC plan on release from detention; |
|
| (c) | where an EHC plan is secured for the detained person— |
|
| (i) | the school or other institution named in the plan, or the type |
|
| of school or other institution named in the plan; |
|
| (ii) | if no school or other institution is named in the plan, that |
|
| |
| (3) | The appropriate person may appeal to the First-tier Tribunal under |
|
| subsection (2)(c) only when an EHC plan is first finalised for the detained |
|
| person in accordance with section (Securing EHC plans for certain detained |
|
| |
| (4) | Regulations may make provision about appeals to the First-tier Tribunal in |
|
| respect of detained persons’ EHC needs assessments and EHC plans |
|
| secured under section (Securing EHC plans for certain detained persons), in |
|
| |
| (a) | making and determining appeals; |
|
|
|
| |
| | |
|
| (b) | the powers of the First-tier Tribunal on determining an appeal; |
|
| |
| (5) | A person commits an offence if without reasonable excuse that person fails |
|
| to comply with any requirement— |
|
| (a) | in respect of the discovery or inspection of documents, or |
|
| (b) | to attend to give evidence and produce documents, |
|
| | where that requirement is imposed by Tribunal Procedure Rules in relation |
|
| to an appeal under this section. |
|
| (6) | A person guilty of an offence under subsection (5) is liable on summary |
|
| conviction to a fine not exceeding level 3 on the standard scale. |
|
| (7) | Section 52(2) to (5) apply where an appropriate person intends to appeal to |
|
| the First-tier Tribunal under this section as they apply where a child’s |
|
| parent or young person intends to appeal under section 51, with the |
|
| |
| (a) | references to the child’s parent or young person are to be read as |
|
| references to the appropriate person, and |
|
| (b) | references to mediation under section (Mediation: health care issues) |
|
| or (Mediation: educational and social care issues etc) are to be read as |
|
| references to mediation with the home authority. |
|
| (8) | Where, by virtue of subsection (7), the appropriate person has informed the |
|
| mediation adviser that he or she wishes to pursue mediation with the home |
|
| |
| (a) | the adviser must notify the authority, and |
|
| |
| (i) | arrange for mediation between it and the appropriate |
|
| |
| (ii) | ensure that the mediation is conducted by an independent |
|
| |
| (iii) | participate in the mediation. |
|
| | For this purpose a person is not independent if he or she is employed by a |
|
| local authority in England. |
|
| (9) | Regulations under section (Mediation: supplementary) may make provision |
|
| for the purposes of subsections (7) and (8) of this section, and accordingly |
|
| section (Mediation: supplementary) has effect for those purposes with the |
|
| |
| (a) | the references in subsection (1) to commissioning bodies are to be |
|
| |
| (b) | the reference in subsection (1)(e) to a child’s parent is to be read as |
|
| a reference to the parent of a detained person who is a child; |
|
| (c) | the reference in subsection (1)(f) to the child’s parent or young |
|
| person is to be read as a reference to the appropriate person; |
|
| (d) | in subsection (3), paragraphs (b) and (c) are to be ignored; |
|
| (e) | subsection (5) is to be ignored.” |
|
108 | Insert the following new Clause— |
|
| “Duty to keep EHC plans for detained persons |
|
| (1) | This section applies in relation to a detained person— |
|
|
|
| |
| | |
|
| (a) | for whom a local authority in England was maintaining an EHC |
|
| plan immediately before the beginning of his or her detention, or |
|
| (b) | for whom the home authority has secured the preparation of an |
|
| EHC plan under section (Securing EHC plans for certain detained |
|
| |
| (2) | The home authority must keep the EHC plan while the person is detained |
|
| in relevant youth accommodation. |
|
| (3) | Regulations may make provision about the keeping of EHC plans under |
|
| subsection (2), and the disclosure of such plans. |
|
| (4) | The home authority must arrange appropriate special educational |
|
| provision for the detained person while he or she is detained in relevant |
|
| |
| (5) | If the EHC plan specifies health care provision, the detained person’s |
|
| health services commissioner must arrange appropriate health care |
|
| provision for the detained person while he or she is detained in relevant |
|
| |
| (6) | For the purposes of subsection (4), appropriate special educational |
|
| |
| (a) | the special educational provision specified in the EHC plan, or |
|
| (b) | if it appears to the home authority that it is not practicable for that |
|
| special educational provision to be provided, educational provision |
|
| corresponding as closely as possible to that special educational |
|
| |
| (c) | if it appears to the home authority that the special educational |
|
| provision specified in the plan is no longer appropriate for the |
|
| person, such special educational provision as reasonably appears to |
|
| the home authority to be appropriate. |
|
| (7) | For the purposes of subsection (5), appropriate health care provision is— |
|
| (a) | the health care provision specified in the EHC plan, or |
|
| (b) | if it appears to the detained person’s health services commissioner |
|
| that it is not practicable for that health care provision to be |
|
| provided, health care provision corresponding as closely as |
|
| possible to that health care provision, or |
|
| (c) | if it appears to the detained person’s health services commissioner |
|
| that the health care provision specified in the plan is no longer |
|
| appropriate for the person, such health care provision as reasonably |
|
| appears to the detained person’s health services commissioner to be |
|
| |
| (8) | In this section, “detained person’s health services commissioner”, in |
|
| relation to a detained person, means the body that is under a duty under |
|
| the National Health Service Act 2006 to arrange for the provision of |
|
| services or facilities in respect of the detained person during his or her |
|
| |
109 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Supply of goods and services: detained persons |
|
| (1) | A local authority in England may supply goods and services to any |
|
| authority or other person making special educational provision for a |
|
| detained person, but only for the purpose set out in subsection (2). |
|
| (2) | The purpose is that of assisting the local authority in the performance of a |
|
| duty under section (Duty to keep EHC plans for detained persons). |
|
| (3) | The goods and services may be supplied on the terms and conditions that |
|
| the authority thinks fit, including terms as to payment.” |
|
|
110 | Page 47, line 41, at end insert— |
|
| “(ga) | youth offending teams; |
|
| (gb) | persons in charge of relevant youth accommodation;” |
|
|
111 | Page 48, line 19, leave out subsections (4) and (5) and insert— |
|
| “(4) | The Secretary of State may not take any further steps in relation to— |
|
| (a) | a proposed code unless the draft is approved by a resolution of each |
|
| |
| (b) | a proposed revised code if, within the 40-day period, either House |
|
| resolves not to approve the draft. |
|
| (5) | Subsection (5A) applies if— |
|
| (a) | both Houses resolve to approve the draft, as mentioned in |
|
| |
| (b) | neither House resolves not to approve the draft, as mentioned in |
|
| |
| (5A) | The Secretary of State must issue the code or revised code in the form of the |
|
| draft, and it comes into force on such date as the Secretary of State may by |
|
| |
112 | Page 48, line 27, leave out “proposed code (or” |
|
|
113 | Insert the following new Clause— |
|
| “Review of resolution of disagreements |
|
| (1) | The Secretary of State and the Lord Chancellor must carry out a review of |
|
| how effectively disagreements about the exercise of functions under this |
|
| |
| (2) | The Secretary of State and the Lord Chancellor must prepare a report on the |
|
| |
| (3) | The Secretary of State and the Lord Chancellor must lay the report before |
|
| Parliament before the end of the period of three years beginning with the |
|
| earliest date on which any provision of this Part comes into force.” |
|
|