Children and young people (CYP) in the youth justice system are significantly more likely to have unidentified or unmet SEND. The SEND Code of Practice (2015), Chapter 10, places clear duties on local authorities, Youth Justice Services (YJS), health commissioners and custodial settings to ensure that SEND support continues during detention and on release.

 

Being involved with a Youth Justice Service (YJS), serving a community sentence or entering custody does not remove a young person's entitlement to SEND support. The law requires agencies to continue identifying, assessing and meeting SEND needs, including maintaining Education, Health and Care Plans (EHCPs), wherever possible.

 

Children and Young People with an EHCP

 

Where a child or young person already has an EHCP, the local authority must not cease the plan simply because they are detained.

The local authority must:

·       Keep the EHCP in place during detention.

·       Review the plan when the young person is released.

·       Continue planning for their educational outcomes and preparation for adulthood where appropriate

While it may not always be possible to deliver the exact provision (section F) specified in an EHCP within a custodial environment, the local authority must arrange provision that is as close as possible to that specified in the plan.

This includes:

  • Special educational provision.
  • Therapies and specialist interventions where practicable.
  • Appropriate healthcare provision specified within the EHCP.

The SEND Code of Practice recognises that restrictions within secure settings may require adaptations, but SEND duties continue to apply

When a young person under 25 enters custody and is known or believed to have an EHCP, the Youth Justice Service should notify the relevant local authority SEND team. 

The local authority should then:

  • Share the EHCP with relevant professionals.
  • Assist in planning educational support.
  • Work with the secure setting to ensure appropriate arrangements are made.

Where a young person is detained:

  • The local authority should hold monitoring meetings.
  • The young person's needs and outcomes should continue to be reviewed.
  • Planning for release should begin as early as possible.

Where detention lasts longer than 12 months, the local authority should continue to review arrangements at least annually.

The local authority should review the EHCP and consider whether amendments are needed to reflect the young person's current needs and future aspirations.

Children and Young People without an EHCP

Being in this situation can sometimes highlight previously unidentified SEND.

Where concerns arise, an EHC needs assessment can still be requested.

A request may be made by:

  • The young person (if over compulsory school age).
  • A parent.
  • The Youth Justice Service.
  • The person in charge of the secure setting.
  • Other relevant professionals.

The local authority must consider the request in the same way as any other EHC needs assessment request.