New Clause 19
Apprenticeships, Skills, Children and Learning Bill
11:30 am
Release from detention of child or young person with special educational needs
‘(1) The Education Act 1996 (c. 56) is amended as follows.
(2) After section 312 insert—
“312A Children subject to detention
(1) No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.
(2) The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.
(3) Subject to subsection (5), a statement which was maintained for the child by a local education authority under section 324 immediately before the beginning of the detention is, from the child’s release, to be treated as being maintained by that authority under section 324.
(4) In subsection (3) “the beginning of the detention” means—
(a) the beginning of the period of detention in relevant youth accommodation, or
(b) where that period is part of a continuous period, comprising—
(i) periods of detention in relevant youth accommodation and in other accommodation, or
(ii) periods of detention pursuant to two or more orders of any court,
the beginning of that continuous period.
(5) Where, on the child’s release, a local education authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—
(a) the old authority must transfer the statement to the new authority, and
(b) from the child’s release, the statement is to be treated as being maintained by the new authority under section 324.”
(3) In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but before “and”) insert—
“(aa) where the child concerned—
(i) has been subject to a detention order, and
(ii) immediately before release was detained in relevant youth accommodation,
on the child’s release from detention,”.’.—(Jim Knight.)
This new clause inserts new provisions into Part 4 of the Education Act 1996 to suspend that Part while a person is detained in relevant youth accommodation and make provision for a statement of special educational needs maintained before a person’s detention to be revived and reviewed on their release.