If a young person with an EHCP is detained in custody

We have arrangements in place in Gateshead to ensure that relevant support is provided to young people with an Education, Health and Care Plan (EHCP) who are detained in youth custody.

Read our Young Offenders with Special Educational Needs In Youth Custody policy

If a child or young person (CYP) with an EHCP is in youth custody

A CYP may have entered custody, in remand or sentenced, with an EHCP or the EHCP may have been developed in custody. 

The Youth Offending Team (YOT) must notify the local council that the CYP has gone into custody. The local council must share the EHCP with the YOT, the person in charge of the establishment, NHS England within five working days.

While the CYP is in custody, their home local council must keep their EHCP and they must arrange appropriate provision alongside NHS England. If it is not possible to arrange what is in the plan, provision as close as possible must be arranged. If the CYP's needs have changed and the provision is no longer appropriate, it must be arranged. 

When the CYP is released from youth custody the local council must maintain their EHCP and review it as soon as possible.

If a young person transfers to the adult secure estate, the person in charge of the youth establishment should ensure that all relevant SEN information is passed to the receiving establishment.

If a young person under 25 is released from the adult secure estate and plans to stay in education, the local council must maintain and review their EHCP on release.

If a child or young person enters custody without an EHCP

If it has been identified that the CYP has or may have special educational needs and they may require provision after detention, the child's parent, the young person or the person in charge has the right to request an EHC needs assessment. Anyone can bring the child or young person to the attention of the local council. If this happens, the local council must consider whether and EHC needs assessment in needed. The decision must be taken within 6 weeks of the request.

If it is decided the assessment is needed, the local council must carry out the assessment. If it decided it is not needed, the parent or young person has the right to appeal.

Following the assessment, the local council must decide whether an EHCP is needed. This decision must be taken within 16 weeks of the request. If it decided an EHCP is not needed, the parent or young person has the right to appeal.

The local council must draw up the EHCP and send the draft plan to the child's parent or the young person, allowing 15 days for their consideration. 

This whole process must be completed within 20 weeks.