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Legal Update: SEN provision for young offenders

Catrin Gosby, researcher at Coram Children's Legal Centre, examines the government's proposed guidance on children and young people in detention who have special educational needs and disabilities.

The special educational needs (SEN) provisions of the Children and Families Act 2014, which came into force on 1 September ushered in wide-reaching changes to the law for children and young people with SEN and disabilities. Among many other reforms the Act introduced new duties on home local authorities of children and young people in custody to determine whether they need SEN provision on release from detention, and secure that an education, health and care (EHC) plan is prepared.

To support and operationalise these reforms for children in detention, the government has developed Draft Special Education Needs and Disability (Detained Persons) Regulations 2015 and Draft Revised SEN and Disability Code of Practice: 0-25 years. Consultation on the regulations and guidance closed last week.

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