The Special Educational Needs and Disability (Detained Persons) Regulations 2015 No. 62

1. Introductory Text

2. PART 1 Introduction

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 2A. Relaxation of time periods due to coronavirus exception

3. PART 2 Detained persons with special educational needs

   1. Assessments

      1. 3. Consideration of request

      2. 4. Determination whether or not special educational provision may be necessary

      3. 5. Decision whether or not to conduct a detained person's EHC needs assessment

      4. 6. Information and advice to be obtained for a detained person's EHC Needs Assessments

      5. 7. Matters to be taken into account in securing a detained person's EHC needs assessment

      6. 8. Duty to co-operate in a detained person's EHC needs assessment

      7. 9. Provision of advice, information and support to the appropriate person

      8. 10. Decision not to secure an EHC plan

   2. EHC plans

      1. 11. Preparation of EHC plans for a detained person

      2. 12. Form of EHC plan

      3. 13. Timescales for EHC plans

      4. 14. Sending the finalised EHC plan

      5. 15. Needs assessments which are not completed

      6. 16. Transfer of a kept EHC plan

      7. 17. Restriction on disclosure of EHC plans

4. PART 3

   1. Mediation

      1. 18. Information to be included in notices sent by a home authority

      2. 19. Requirement to consider mediation

      3. 20. Where the appropriate person does not wish to or fails to pursue mediation

      4. 21. Mediation

      5. 22. Arrangements for mediation

      6. 23. Attendance at the mediation

      7. 24. Mediation certificate under section 55(5) of the Act

      8. 25. Training, qualifications and experience of mediators

      9. 26. Expenses

      10. 27. Steps to be taken by a home authority

5. PART 4

   1. Appeals

      1. 28. Powers of the First-tier Tribunal

      2. 29. Compliance with the orders of the First-tier Tribunal

      3. 30. Unopposed appeals

6. PART 5

   1. Appropriate persons and detained persons lacking capacity

      1. 31. Where a child's parent lacks capacity

      2. 32. Where a young person lacks capacity

      3. 33. Mental Capacity Act 2005

7. Signature

8. 1. SCHEDULE

      1. PART 1

         1. The regulations referred to in regulation 32(2)(a) are—

      2. PART 2

         1. The regulation referred to in regulation 32(2)(b) is—

         2. regulation 17(3) (second reference).

9. Explanatory Note