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| | Persons detained in youth accommodation |
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| | Provisions applying to detained persons |
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| | 562A | Application of Act to detained persons |
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| | (1) | In its application in relation to detained persons, this Act has effect |
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| | subject to modifications prescribed by regulations made by the |
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| | appropriate national authority. |
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| | (2) | In this Chapter, references to a detained person are to a child or young |
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| | (a) | subject to a detention order, and |
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| | (b) | detained in relevant youth accommodation. |
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| | 562B | Duty to take steps to promote fulfilment of potential |
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| | (1) | Subsection (2) applies in relation to a detained person who is not a looked |
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| | (2) | The home authority must— |
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| | (a) | during the period of detention in relevant youth accommodation, |
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| | (b) | on the person’s release from detention in relevant youth |
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| | | take such steps as they consider appropriate to promote the person’s |
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| | fulfilment of his or her learning potential. |
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| | (3) | Those steps must include, where it appears to the home authority |
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| | appropriate for them to do so, making arrangements for the provision, on |
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| | the person’s release from detention— |
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| | (b) | in the case of a person who is over compulsory school age, of |
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| | (4) | Where the host authority make any determination as to the education or |
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| | training to be provided for a detained person, the authority must have |
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| | regard to any information provided by the home authority under section |
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| | 562E for the purpose of assisting any such determination. |
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| | 562C | Detained persons with special educational needs |
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| | (1) | This section applies where, immediately before the beginning of the |
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| | detention, a local education authority were maintaining a statement under |
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| | section 324 for a detained person. |
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| | (2) | The authority must keep the statement while the person is detained in |
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| | relevant youth accommodation. |
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| | (3) | The host authority must use best endeavours to secure that appropriate |
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| | special educational provision is made for the detained person while the |
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| | person is detained in relevant youth accommodation. |
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| | (4) | For the purposes of subsection (3), appropriate special educational |
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| | (a) | the special educational provision that, immediately before the |
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| | beginning of the detention, was specified in the statement, |
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| | (b) | educational provision corresponding as closely as practicable to |
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| | the special educational provision that was then specified in the |
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| | (c) | if it appears to the host authority that the special educational |
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| | provision specified in the statement is no longer appropriate for |
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| | the person, such special educational provision as reasonably |
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| | appears to the host authority to be appropriate for the person. |
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| | 562D | Appropriate special educational provision: arrangements between |
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| | local education authorities |
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| | (1) | This section applies where appropriate special educational provision is |
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| | secured for a person under section 562C. |
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| | (2) | A local education authority may supply goods and services to— |
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| | (a) | the host authority, or |
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| | (b) | any other person making the educational provision in question. |
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| | (3) | Goods and services may be supplied under subsection (2) only for the |
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| | purpose of assisting the making or securing of that educational provision. |
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| | Provision of information relating to detained persons |
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| | 562E | Provision of information about detained persons |
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| | (1) | Any person who has provided education or training for a detained person |
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| | (whether before or during the period of detention) may provide |
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| | information relating to the detained person to— |
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| | (a) | the home authority, or |
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| | | for the purposes of, or in connection with, the provision of education or |
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| | training for the detained person. |
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| | (2) | A local education authority must, on a request under subsection (3), as |
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| | soon as practicable provide to the person making the request such |
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| | information that they hold relating to a detained person as is requested. |
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| | (3) | A request is made under this subsection if it— |
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| | (a) | is made by a person within subsection (4), and |
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| | (b) | asks only for information which the person requires for the |
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| | purposes of, or in connection with, the provision of education or |
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| | training for the detained person (including education or training |
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| | to be provided after the person’s release from detention). |
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| | (a) | any other local education authority; |
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| | (b) | a youth offending team established under section 39 of the Crime |
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| | (c) | the person in charge of any place at which the child or young |
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| | person is detained or is expected to be detained; |
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| | (d) | any person providing or proposing to provide education or |
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| | training for the child or young person. |
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| | (5) | The Welsh Ministers must, on a request by the home authority or the host |
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| | authority, provide a copy of any relevant assessment report for the |
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| | purposes of the exercise of any function of that authority under section |
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| | (6) | In subsection (5), “relevant assessment report” means a report of an |
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| | assessment of a detained person conducted (whether before or during the |
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| | (a) | under section 140 of the Learning and Skills Act 2000, and |
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| | (b) | by virtue of arrangements made by the Welsh Ministers. |
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| | (7) | In this section any reference to the host authority, in relation to a detained |
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| | person, includes a reference to any local education authority in whose |
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| | area the person is expected to be detained. |
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| | 562F | Information to be provided where statement of special educational |
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| | needs previously maintained |
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| | (1) | This section applies in relation to a detained person if, immediately |
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| | before the beginning of the detention, a local education authority were |
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| | maintaining a statement under section 324 for the person. |
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| | (2) | Subsection (3) applies where the home authority become aware (whether |
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| | by notice under section 39A(2) of the Crime and Disorder Act 1998 |
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| | (detention of child or young person: local education authorities to be |
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| | (i) | has become subject to a detention order, and |
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| | (ii) | is detained in relevant youth accommodation, or |
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| | (b) | that the person has been transferred from one place of |
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| | accommodation to another place of accommodation which is |
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| | relevant youth accommodation. |
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| | (3) | Where the home authority are not the host authority— |
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| | (a) | if, immediately before the beginning of the detention, they were |
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| | maintaining the statement, they must send a copy of the |
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| | statement to the host authority; |
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| | (b) | if they are or become aware that, immediately before the |
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| | beginning of the detention, another local education authority |
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| | were maintaining a statement for the person under section 324, |
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| | they must notify the host authority of that fact. |
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| | (4) | A local education authority who immediately before the beginning of the |
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| | detention were maintaining a statement for the person under section 324 |
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| | must, on a request by the host authority, send a copy of the statement to |
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| | (5) | Where the person is released from detention in relevant youth |
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| | accommodation, the host authority must notify— |
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| | (a) | the home authority, and |
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| | (b) | if different, the authority who, immediately before the beginning |
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| | of the detention, were maintaining the statement under section |
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| | (6) | If the home authority are not the authority who immediately before the |
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| | beginning of the detention were maintaining the statement, the host |
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| | authority must also notify the home authority— |
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| | (a) | of the fact that immediately before the beginning of the detention |
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| | a statement was being maintained for the person by a local |
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| | education authority under section 324, and |
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| | (b) | of the identity of that authority. |
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| | 562G | Release of detained person appearing to host authority to require |
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| | (1) | This section applies in relation to the release from detention in relevant |
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| | youth accommodation of a detained person in relation to whom section |
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| | (2) | Subsection (3) applies where it appears to the host authority that the |
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| | detained person will, on release, be a child within the meaning of Part 4. |
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| | (3) | If the host authority are of the opinion that the person has, or may have, |
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| | special educational needs, they must, on the person’s release, notify the |
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| | home authority of their opinion. |
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| | (4) | Subsections (5) and (6) apply where, on release, the detained person— |
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| | (a) | will be over compulsory school age, or |
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| | (b) | within one year will cease to be of compulsory school age. |
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| | (a) | the host authority are of the opinion that the person has, or may |
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| | have, a learning difficulty (within the meaning of section 15ZA), |
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| | (b) | the home authority are a local education authority in England, |
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| | | the host authority must, on the person’s release, notify the home authority |
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| | (a) | the host authority are of the opinion that the person has, or may |
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| | have, a learning difficulty (within the meaning of section 41 of |
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| | the Learning and Skills Act 2000 (assessments relating to |
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| | learning difficulties: Wales)) and |
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| | (b) | the home authority are a local education authority in Wales, |
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| | | the host authority must, on the person’s release, notify the Welsh |
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| | Ministers of their opinion. |
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| | In performing their functions under this Chapter a local authority must |
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| | have regard to any guidance issued by the appropriate national authority. |
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| | 562I | Interpretation of Chapter |
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| | “beginning of the detention”, in relation to a person detained in relevant |
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| | youth accommodation, means— |
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| | (a) | the beginning of the period of detention in that accommodation, |
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| | (b) | where that period is part of a continuous period, comprising— |
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| | (i) | periods of detention in relevant youth |
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| | accommodation and in other accommodation, |
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| | (ii) | periods of detention pursuant to two or more |
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| | | the beginning of that continuous period; |
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| | “looked after child” means a person who, for the purposes of the Children |
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| | Act 1989 is a child looked after by a local authority; and references to the |
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| | local authority looking after the person are to be read accordingly; |
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| | “the appropriate national authority” means— |
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| | (c) | in relation to England, the Secretary of State; |
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| | (d) | in relation to Wales, the Welsh Ministers; |
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| | (e) | in relation to a child or young person who immediately before the |
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| | beginning of the detention was, or at any time since then has |
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| | been, a looked after child, means the local education authority |
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| | who are the local authority looking after, or who have most |
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| | recently been looking after, the person; |
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| | (f) | in relation to any other child or young person, means the local |
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| | education authority in whose area the person is ordinarily |
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| | “the host authority”, in relation to a child or young person detained in |
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| | relevant youth accommodation, means the local education authority in |
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| | whose area the child or young person is detained; |
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| | “young person” includes a person aged 18. |
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| | (2) | In determining for the purpose of subsection (1) where a child or young |
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| | person is ordinarily resident, any period when the person is subject to a |
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| | detention order is to be disregarded. |
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| | (3) | Regulations made by the appropriate national authority may make further |
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| | provision for determining where a person is ordinarily resident for the |
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| | purpose of that subsection.”’. |
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| | Detention of child or young person: local education authorities to be notified |
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| To move the following Clause:— |
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| | ‘After section 39 of the Crime and Disorder Act 1998 (c. 37) insert— |
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| | “39A | Detention of child or young person: local education authorities to be |
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| | (1) | Subsection (2) applies where a youth offending team becomes aware |
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| | (a) | a child or young person has become subject to a detention order |
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| | and is detained in relevant youth accommodation, or |
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| | (b) | a child or young person who is subject to a detention order has |
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| | been transferred from one place of accommodation to another |
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| | which is relevant youth accommodation. |
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| | (2) | The youth offending team must as soon as practicable notify— |
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| | (a) | the home local education authority, and |
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| | (b) | the host local education authority, |
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| | | of the place where the child or young person is detained. |
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| | (3) | Subsection (4) applies where a youth offending team becomes aware that |
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| | a person has been released having immediately before release been— |
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| | (a) | subject to a detention order, and |
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| | (b) | detained in relevant youth accommodation. |
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| | (4) | The youth offending team must as soon as practicable notify the |
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| | following authorities of the release— |
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| | (a) | the home local education authority; |
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| | (b) | the host local education authority; |
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| | (c) | any other local education authority in whose area the youth |
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| | offending team expects the person to live on release. |
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| | (5) | Nothing in this section requires a youth offending team to notify a local |
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| | education authority of any matter of which the authority is already aware. |
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| | “home local education authority”, in relation to a child or young person, |
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| | means the local education authority which is the home authority in |
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| | relation to that person within the meaning of Chapter 5A of Part 10 of the |
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| | Education Act 1996 (persons detained in youth accommodation); |
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| | “host local education authority”, in relation to a child or young person who |
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| | is detained in relevant youth accommodation, means the local education |
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| | authority for the area in which that person is detained; |
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| | “young person” includes a person who is aged 18; |
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| | | and references in this section to a person subject to a detention order and |
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| | to relevant youth accommodation have the same meanings as they have |
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| | in the Education Act 1996 (see section 562(1A) of that Act).”’. |
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| | Release from detention of child or young person with special educational needs |
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| To move the following Clause:— |
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| | ‘(1) | The Education Act 1996 (c. 56) is amended as follows. |
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| | (2) | After section 312 insert— |
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| | “312A | Children subject to detention |
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| | (1) | No provision of, or made under, this Part applies in relation to a child |
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| | who is subject to a detention order and detained in relevant youth |
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| | (2) | The following provisions of this section apply where a child who has |
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| | been subject to a detention order is released having, immediately before |
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| | release, been detained in relevant youth accommodation. |
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| | (3) | Subject to subsection (5), a statement which was maintained for the child |
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| | by a local education authority under section 324 immediately before the |
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| | beginning of the detention is, from the child’s release, to be treated as |
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| | being maintained by that authority under section 324. |
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| | (4) | In subsection (3) “the beginning of the detention” means— |
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| | (a) | the beginning of the period of detention in relevant youth |
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| | (b) | where that period is part of a continuous period, comprising— |
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| | (i) | periods of detention in relevant youth accommodation |
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| | and in other accommodation, or |
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| | (ii) | periods of detention pursuant to two or more orders of |
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| | | the beginning of that continuous period. |
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| | (5) | Where, on the child’s release, a local education authority (“the new |
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| | authority”) other than the authority mentioned in subsection (3) (“the old |
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| | authority”) becomes responsible for the child for the purposes of this |
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| | (a) | the old authority must transfer the statement to the new authority, |
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| | (b) | from the child’s release, the statement is to be treated as being |
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| | maintained by the new authority under section 324.” |
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| | (3) | In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but |
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| | “(aa) | where the child concerned— |
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| | (i) | has been subject to a detention order, and |
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| | (ii) | immediately before release was detained in relevant |
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| | | on the child’s release from detention,”.’. |
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| | Sharing of information for education and training purposes |
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| To move the following Clause:— |
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| | ‘(1) | A person within subsection (3) may provide information to another person within |
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| | that subsection, or a person within subsection (4), for the purpose of enabling or |
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| | facilitating the exercise of any relevant function. |
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| | (2) | A person within subsection (4) may provide information to a person within |
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| | subsection (3) for the purpose of enabling or facilitating the exercise of any |
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| | (3) | The persons within this subsection are— |
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| | (b) | the Young People’s Learning Agency for England; |
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| | (d) | a member of the Chief Executive’s staff; |
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