Part X Miscellaneous and general

F10Chapter 5APersons detained in youth accommodation

Annotations:
Amendments (Textual)
F10

Pt. 10 Ch. 5A inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)

Provisions applying to detained persons

562GInformation to be provided where statement of special educational needs previously maintained

F41

This section applies in relation to a detained person if, immediately before the beginning of the detention, a local authority F1in Wales were maintaining a statement under section 324 for the person.

2

Subsections (3) and (4) apply where the home authority F7, where they are a local authority in Wales, become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local authorities to be notified) or otherwise)—

a

that the person—

i

has become subject to a detention order, and

ii

is detained in relevant youth accommodation, or

b

that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

3

If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

4

If the home authority are or become aware that, immediately before the beginning of the detention, another local authority F9in Wales were maintaining a statement for the person under section 324, they must notify the host authority—

a

of that fact, and

b

of the identity of that other local authority.

5

The local authority F5in Wales who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

6

Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

7

The host authority must notify the following of the person's release—

a

the home authority F8, where they are a local authority in Wales, and

b

if different, the authority F3in Wales who, immediately before the beginning of the detention, were maintaining the statement under section 324.

8

If the home authorityF6, where they are a local authority in Wales are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

a

of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local authority F2in Wales under section 324, and

b

of the identity of that authority.

9

Nothing in this section requires any local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.