What is the Children and Families Act seeking to achieve for detained children and young people?
- one responsible Local Authority for a child or young person's special educational provision while they are in the community and/or in custody
- continuous and appropriate special educational provision when a child or young person is in custody
- to help the resettlement process by identifying need and ensuring that provision continues when a child or young person returns to the community
- to make best use of the time the young person spends in detention. This is so that an assessment can get under way and support can be put in place immediately on release
Who does this part of the legislation apply to?
- children and young people aged 18 and under
- children and young people who have been sentenced or remanded by the Courts to relevant youth accommodation in England
- relevant youth accommodation is a Young Offender Institution, a Secure Training Centre or a Secure Children's Home
And who does it not apply to?
Although the legal framework for young offenders with SEND sits within the wider framework for all children and young people with SEND (Part 3 of the Children and Families Act), not all rights and duties are the same. There is a specific set of rights and duties which apply in custody and with some restrictions:
- it does not apply to children and young people subject to a Detention Order in the community. Children and young people serving a sentence in the community would be covered by the rest of Part 3 of the Children and Families Act 2014
- it does not apply to those detained in young adult YOIs for 18 - 21 year olds