Commentary on Sections Detained Persons Section 72: Securing EHC plans for certain detained persons
314.This section places a duty on the detained person’s home local authority to secure an EHC plan if the detained person’s EHC needs assessment concludes that one is necessary. Sections 37(2) to (5), 33(2) to (7) and 38 to 40 will apply in relation to an EHC plan secured for a detained person as they would for a child or young person who is not detained.