Commentary on Sections of the Act Part 2 – Additional Learning Needs Additional learning provision for detained persons (sections 39 – 45) Section 41 - Circumstances in which the duty in section 40(2) does not apply
109.Section 41 sets out the exceptions to the duties on home authorities in section 40(2) in relation to deciding whether a detained person has ALN and whether an IDP will be needed for when the person is released. These duties do not apply if a detained young person does not consent to the decision as to whether he or she has ALN being made or to a plan being prepared. Nor do they apply if the home authority has previously decided whether the child or young person has ALN and is satisfied that the person’s needs have not changed materially since that decision was made, and that there is no new information which materially affects that decision or the one that it will not be necessary to maintain an IDP for the person when released.