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Young Offenders with SEND

Young Offenders with SEND

The guidance on transitional arrangements has been revised to include the new duties on children and young people in custody which include:

  • New provisions for children and young people aged 18 and under in youth custody commence on 1st April 2015.
  • For those entering or already in youth custody with a statement of SEN, the special educational provision in the statement will be deemed as if it is made in an EHC plan. Local authorities will be under a duty to arrange appropriate support and must conduct a ‘transfer review’ on release unless they have conducted one in youth custody or are due to conduct a review under the wider procedures for transfer.
  • Local authorities should take reasonable steps to inform those with LDAs in custody of their right to request an EHC needs assessment. For young people with LDAs who request an EHC needs assessment, where the local authority believes it may have to make special educational provision on release it must carry out an EHC needs assessment.


The Council for Disabled Children, working with the DfE, MoJ, DH and the Implementation Working Group, has produced useful implementation support materials which can be found on the CDC website here. The materials will be useful to anyone working with, advising or commissioning services for young offenders and includes:

  • A fact sheet explaining the new legal framework for children and young people with SEN in custody
  • A presentation on the new legal framework
  • A briefing note targeted at persons in charge of relevant youth secure accommodation
  • A preparing for implementation checklist for SEND teams in local authorities
  • High level summaries and detailed process diagrams on: identifying SEN and requesting an assessment for a child or young person in custody; and what happens when a child or young person with an EHC plan is in custody
  • Information on: appeals and mediation; arranging provision in custody; transitional arrangements; information, advice and support for children, young people and parents including a template letter to request an EHC post-detention needs assessment.

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