Children and Young People with SEND in Youth Custody

A child or young person under 18 years who has been sentenced or remanded by the courts to relevant secure youth accommodation in England (referred to as a Young Offender Institution, Secure Training Centre or Secure Children’s Home) will not have their Education, Health and Care (EHC) Plan assessment stopped whilst they are detained and the EHC Plan must be maintained.

The Local Authority will not cease the EHC Plan when the child or young person enters custody, they will keep the EHC Plan on hold whilst the child or young person is detained and they will review it when they are released.

If a child or young person has an EHC Plan before being detained, the home Local Authority will arrange appropriate special educational provision for the detained person until they are released.

If the EHC Plan for a detained person specifies health and care provision, the health services commissioner for the custodial establishment will arrange the appropriate health care.

The Youth Offending Service (YOT) are responsible for supervising young people whilst they are serving a custodial sentence or held on remand and the child or young person’s allocated YOT Supervising Officer will be responsible for liaising with relevant people within the Local Authority and ensuring that the relevant plans and provisions are in place as outlined in the EHC Plan.

 June 2016