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Lords Amendments to the Children and Families Bill


 
 

12

 
 

(d)    

section 69;

 

(e)    

section 73;

 

(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

 

pursuance of—

 

(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

 

parent, or

 

(b)    

where the detained person is a young person, the detained

 

person;

 

“detained person” means a child or young person who is—

 

(a)    

18 or under,

 

(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

 

accommodation), and

 

(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

 

regulations.”

105

Insert the following new Clause—


 
 

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“Assessment of post-detention education, health and care needs of detained

 

persons

 

(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

 

detention.

 

(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

 

educational needs, or

 

(c)    

the detained person has otherwise come to the home authority’s

 

attention as someone who has or may have special educational

 

needs.

 

(5)    

In making a determination under subsection (3), the home authority must

 

consult—

 

(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

 

detained—

 

(a)    

that it is considering securing a detained person’s EHC needs

 

assessment for the detained person, and


 
 

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(b)    

that the appropriate person and the person in charge of the relevant

 

youth accommodation where the detained person is detained each

 

have the right to—

 

(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

 

from detention.

 

(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

 

detained of—

 

(a)    

the outcome of the assessment,

 

(b)    

whether it proposes to secure that an EHC plan is prepared for the

 

detained person, and

 

(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

 

(5);

 

(c)    

about giving notice;

 

(d)    

about expressing views and submitting evidence under subsection

 

(8);

 

(e)    

about how detained persons’ EHC needs assessments are to be

 

conducted;

 

(f)    

about advice to be obtained in connection with a detained person’s

 

EHC needs assessment;

 

(g)    

about combining a detained person’s EHC needs assessment with

 

other assessments;

 

(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.


 
 

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(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

 

home authority, and

 

(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

 

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

 

home authority,

 

(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

 

section.”

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).

 

(2)    

The matters are—

 

(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

 

fact.

 

(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

 

persons).

 

(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

 

particular about—

 

(a)    

making and determining appeals;


 
 

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(b)    

the powers of the First-tier Tribunal on determining an appeal;

 

(c)    

unopposed appeals.

 

(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

 

following modifications—

 

(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

 

authority—

 

(a)    

the adviser must notify the authority, and

 

(b)    

the authority must—

 

(i)    

arrange for mediation between it and the appropriate

 

person,

 

(ii)    

ensure that the mediation is conducted by an independent

 

person, and

 

(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

 

following modifications—

 

(a)    

the references in subsection (1) to commissioning bodies are to be

 

ignored;

 

(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—


 
 

17

 
 

(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

 

persons).

 

(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

 

youth accommodation.

 

(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

 

youth accommodation.

 

(6)    

For the purposes of subsection (4), appropriate special educational

 

provision is—

 

(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

 

provision, or

 

(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

 

appropriate.

 

(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

 

detention.”

109

Insert the following new Clause—


 
 

18

 
 

“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.”

Clause 67

110

Page 47, line 41, at end insert—

 

“(ga)    

youth offending teams;

 

(gb)    

persons in charge of relevant youth accommodation;”

Clause 68

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

 

House, or

 

(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

 

subsection (4)(a), or

 

(b)    

neither House resolves not to approve the draft, as mentioned in

 

subsection (4)(b).

 

(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

 

order appoint.”

112

Page 48, line 27, leave out “proposed code (or”

After Clause 68

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

 

Part are being resolved.

 

(2)    

The Secretary of State and the Lord Chancellor must prepare a report on the

 

outcome of the review.

 

(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.”


 
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