The Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014

• (a) paragraph (1) required the notification to be given in accordance with section 71(10) of the 2014 Act to be given as soon as is practicable and in any event within the period of 14 weeks beginning with the day on which the detained person’s EHC needs assessment began, and

• (b) paragraph (2) required the home authority to notify—

• (i) the home commissioning body,

• (ii) the detained person’s health services commissioner,

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

• (iv) the person (if any) notified in accordance with Article 32(f), (h), (i) and (j).

• (3A) Where notice of an assessment has been given under Article 32(1) before 1st September 2015, paragraph (3) of this Article applies except that regulation 10 of the Detained Persons Regulations 2015 applies as if paragraph (1) of that regulation required the notification to be given in accordance with section 71(10) of the 2014 Act to be given as soon as is practicable, and in any event within the period of 10 weeks beginning with the day on which the detained person’s EHC needs assessment began.

• (4) The home authority must cease to keep the statement for the detained person at the relevant time (but must keep the statement until that time).

• (5) The new law has effect in relation to the detained person (to the extent it has not done so already), and the old law ceases to have effect in relation to the detained person, at the relevant time.

• (6) If no appeal is brought under section 73(2)(b) of the 2014 Act, against the decision referred to in paragraph (1) within the period allowed for bringing such an appeal, the relevant time is at the end of that period.

• (7) If an appeal is brought under section 73(2)(b) of the 2014 Act against the decision referred to in paragraph (1) within the period allowed for bringing such an appeal, the relevant time is—

• (a) where the appeal is withdrawn or abandoned, when it is withdrawn or abandoned;

• (b) where, on the final determination of the appeal, it is dismissed, when it is dismissed;

• (c) where, on the final determination of the appeal, the home authority is ordered to make and keep an EHC plan, when the plan is made;

• (d) where, on the final determination of the appeal, the case is referred back to the home authority for it to consider whether it is necessary for it to determine the special educational provision for the child or young person, the time found by applying paragraph (6) and this paragraph to the home authority’s decision following the consideration as if the decision were one under paragraph (1).

Detained persons for whom an EHC needs assessment cannot be secured before 1st April 2018

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• (1) This Article applies to a detained person if this Part first applies to him or her by virtue of Parts 3, 4 or 5—

• (a) on or after 1st April 2018, or

• (b) at a time before that date at which it is not practicable to secure that a detained person’s EHC needs assessment for him or her is carried out and concluded before that date.

• (2) The old law ceases to apply in relation to the detained person—

• (a) from the time at which this Part first applies to him or her, or

• (b) if later, from the beginning of 1st April 2018.

• (3) The new law applies in relation to the detained person from that time.

• (4) Paragraphs (2) and (3) do not prevent the statement which is being kept for a detained person from continuing to have effect; but from the time mentioned in paragraph (2) it has effect as if the special educational provision specified in it were specified in an EHC plan kept for him or her.

• (5) The home authority that keeps the statement for a detained person must secure that a detained person’s EHC needs assessment for him or her is carried out and concluded as soon as it is reasonably practicable after this Part begins to apply to him or her.