Children and Young People with SEN who are in custody

Published: October, 2014

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 The children and Families Act 2014 places staturory obligations on Youth Offending Teams and Young Offender Institutions including secure children's homes with regard to SEN and EHC Plans.

The statutory requirements relating to young people in youth custody will be commenced from April 2015. This relates to Young Offender Institutions, Secure Training Centres and Secure Children’s Homes NOT to children serving their sentence in the community or to those detained in a custodial establishment for over 18s. Young people will be assessed for SEN on arrival. Where they have an EHC Plan their home Local Authority will be responsible for continuing it - additional funding for the educational provider will be through central funding. Where an EHC assessment is requested and initiated, the home Local Authority will be obliged to complete it and when the young person is released to review it and ensure their agreed needs are met. For the large part the purpose of the EHC Plan will be to support the Young Person in to adulthood through College and /or apprenticeships.

EHCAP trainer Dr Sarah Temple worked with the team at a residential children's home looking at how the young people they serve might use an EHC Plan to access College placements and apprenticeships with appropriate support for their SEN. Many have not had a diagnosis prior to arrival, others have statements that have not been reviewed for years.

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