PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 2INDIVIDUAL DEVELOPMENT PLANS

Additional learning provision for detained persons

I1I2I3I6I4I5I7I9I13I11I14I12I10I8I1541Circumstances in which the duty in section 40(2) does not apply

1

The duty in section 40(2) does not apply if either of the circumstances in subsection (2) apply.

2

The circumstances are—

C1a

the detained person is a young person who does not consent to a decision under section 40(2)(a) being made or to a plan being prepared;

b

the home authority has previously decided whether the detained person has additional learning needs and it is satisfied that—

i

the detained person's needs have not changed materially since that decision was made, and

ii

there is no new information that materially affects a decision under section 40(2)(a) or (b).