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Special educational needs - detained persons - decision not to secure EHC plan Duty


Where, following a detained person's EHC needs assessment, a home authority decides that it is not necessary for special educational provision to be made for the detained person in accordance with an EHC plan, the appropriate person must be notified as soon as practicable, and in any event within 16 weeks of the home authority receiving a request for a detained person's EHC needs assessment, or the date on which the detained person has been brought or comes to the attention of the authority.

The home authority must also notify persons specified in Regulations.

(3) When notifying the appropriate person the home authority must also notify them of:
(a) their right to appeal that decision,
(b) the time limits for doing so,
(c) the information concerning mediation, set out in regulation 18, and
(d) the availability of information and advice relating to the special educational needs of children and young people.
15 Jul 2020
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