The Special Educational Needs and Disability (Detained Persons) Regulations 2015

Restriction on disclosure of EHC plans E+W

17.—(1) When a home authority becomes responsible for keeping an EHC plan for a detained person it must send a copy of the EHC plan to—

(a) the person in charge of the relevant youth accommodation where the detained person is detained,

(b) the youth offending team responsible for the detained person, and

(c) the detained person's health services commissioner

within 5 working days following either the date which the home authority first kept the plan or became aware of the detention if this is later.

(2) If a home authority is informed under section 39A of the Crime and Disorder Act 1989 M1 that a detained person has moved, or will move, to new relevant youth accommodation, it must send a copy of the EHC plan to the person in charge of that relevant youth accommodation, within 5 working days following the date on which it was informed.

(3) Subject to the provisions of the Act, and of these Regulations, an EHC plan in respect of a detained person must not be disclosed by the home authority without the detained person's consent except—

(a) to persons to whom, in the opinion of the home authority concerned, it is necessary to disclose the whole or any part of the EHC plan in the interests of the detained person;

(b) for the purposes of any appeal under the Act;

(c) for the purposes of educational research which, in the opinion of the home authority, may advance the education or training of children or young persons with special educational needs, if, but only if, the person engaged in that research undertakes not to publish anything contained in, or derived from, an EHC plan otherwise than in a form which does not identify any individual including, in particular, the detained person concerned and, where the detained person is a child, the child's parent;

(d) on the order of any court or for the purposes of any criminal proceedings;

(e) for the purposes of any investigation under Part 3 of the Local Government Act 1974 M2 (investigation of maladministration);

(f) to the Secretary of State when he requests such disclosure for the purposes of deciding whether to—

(i) give directions, make determinations, or exercise any contractual rights under an Academy's funding agreement (for any purpose), or

(ii) make an order under section 496, 497 or 497A of EA 1996 M3 .

(g) for the purposes of an assessment of the needs of the detained person with respect to the provision of any statutory services for him or her being carried out by officers of an authority by virtue of arrangements made under section 5(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 M4 ;

(h) for the purposes of a local authority in the performance of its duties under sections 22(3)(a), 85(4)(a), 86(3)(a) and 87(3) of the Children Act 1989 M5 ; and

(i) to Her Majesty's Chief Inspector of Education, Children's Services and Skills M6 , exercising the right to inspect and take copies of an EHC plan in accordance with section 10(1)(e) of the Education Act 2005 M7 and section 140(2)(a) of the Education and Inspections Act 2006.

(4) A detained person who is a child may consent to the disclosure of an EHC plan for the purposes of this regulation if his or her age and understanding are sufficient to allow him or her to understand the nature of that consent.

(5) If a detained person who is a child does not have sufficient age or understanding to allow him or her to consent to such disclosure, the child's parent may consent on the child's behalf.

(6) The arrangements for keeping a detained person's EHC plan must be such that they ensure, so far as is reasonably practicable, that unauthorised persons do not have access to it.

(7) In this regulation, any reference to an EHC plan includes a reference to any representations, evidence, advice or information obtained in relation to an EHC plan.

Marginal Citations

M1 1989 c.37; as inserted by section 51 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and amended by Article 5(1) and paragraph 16 of Part 1 of Schedule 2 of SI 2010/1158.

M2 1974 c.7.

M3 Section 496 was amended by article 5(1) of, and paragraph 7(2) of Schedule 2 to, SI 2010/1158; by section 99 of, and paragraph 2(4) of Schedule 5 to, the School Standards and Organisation (Wales) Act 2013 (anaw.1); by section 140(1) of, and paragraph 129 of Schedule 30 of SSFA 1998; by section 168(1) of the Education and Inspections Act 2006 (c.40); by section 45(2)(b) of the Education Act 2001 (c.21); and by section 59 of, and paragraph 7 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c.22). Section 497 was amended by article 5(1) of, and paragraph 7(2) of Schedule 2 to, SI 2010/1158; by section 99 of, and paragraph 2(5) of Schedule 5 to, the School Standards and Organisation (Wales) Act 2013 (anaw.1); by section 140(1) of, and paragraph 130 of Schedule 30 of SSFA 1998; by section 168(2) of the Education and Inspection Act 2006 (c.40); by section 45(2)(c) of the Education Act 2011 (c.21); and by section 59 of, and paragraph 8 of Schedule 2 to, the Apprenticeships, Skills, Children and Learning Act 2009 (c.22). Section 497A was inserted into EA 1996 by section 8 of SSFA 1998 Act, and amended by section 60 of and Schedule 22 to the Education Act 2002 (c.32) and by section 59 of and Schedule 2 to the Apprenticeships, Skills, Children and Learning Act 2009.

M4 1986 c.33 as amended by section 93 and paragraph 91(1), Part II of Schedule 8 the Further and Higher Education Act 1992 (c.13).

M5 1989 c.41; section 85(4) was amended by section 17(1)(4) of the Children and Young Persons Act 2008 (c.23); section 86(3) was amended by section 17(6) and (9) of the Children and Young Persons Act 2008; and section 87(3) was amended by section 43(2)(b) of the Education Act 2011 (c.21).

M6 Her Majesty's Chief Inspector of Education, Children's Services and Skills is appointed under the Chief Inspector of Education, Children's Services and Skills Order 2011 (S.I. 2011/2720) which is made under section 113(1) of the Education and Inspections Act 2006 (c.40).

M7 2005 c.18.