4
(2) The coronavirus exception applies where it is n ot reasonably practicable for the local 
authority to meet the requirement specified in regulation 11(2)(a) for a reason relating to the 
incidence or transmission of coronavirus.”. 
Amendment of the Special Educational Needs and Disability (Detained Persons) Regulations 
2015 
18.  The Special Educational Needs and Disability (Deta ined Persons) Regulations 2015( a) are 
amended as follows. 
19.  In regulation 2(1) (interpretation), at the appropriate place insert— 
““coronavirus” means severe acute respiratory syndr ome coronavirus 2 (SARS-CoV-2); 
”. 
20.  After regulation 2 (interpretation) insert— 
“ Relaxation of time periods due to coronavirus exception 
2A. —(1) Where the coronavirus exception applies, any r equirement in any of the 
regulations specified in paragraph (3) for action t o be taken within a specified period of 
time or by a certain day is to be read instead as a  requirement for such action to be taken as 
soon as reasonably practicable. 
(2) The coronavirus exception applies where it is n ot reasonably practicable for a person 
to meet a requirement referred to in paragraph (1) for a reason relating to the incidence or 
transmission of coronavirus. 
(3) The following regulations are specified for the purposes of paragraphs (1) and (2)—  
(a) regulation 15(1) and (4) (needs assessments whi ch are not completed); 
(b) regulation 16(2), (3) and (4) (transfer of a ke pt EHC plan); 
(c) regulation 17(1) and (2) (restriction on disclo sure of EHC plans); 
(d) regulation 19 (requirement to consider mediatio n); 
(e) regulation 20(1) and (2) (where the appropriate  person does not wish to or fails to 
pursue mediation); 
(f) regulation 21 (mediation); 
(g) regulation 24(1) and (3) (mediation certificate under section 55(5) of the Act); 
(h) regulation 27(3) (steps to be taken by a home a uthority); 
(i) regulation 29(2) and (6) (compliance with the o rders of the First-tier Tribunal); and 
(j) regulation 30(3) and (6) (unopposed appeals).”.  
21.  In regulation 4 (determination whether or not spec ial educational provision may be 
necessary), after paragraph (2) insert— 
“(3) The local authority need not comply with the time limit referred to in paragraph (1) if 
it is impractical to do so because of a reason rela ting to the incidence or transmission of 
coronavirus.”. 
22.  In regulation 5(4) (decision whether or not to con duct a detained person’s EHC needs 
assessment)— 
(a)  at the end of sub-paragraph (b) omit “or”; and 
(b)  at the end of sub-paragraph (c) insert— 
“, or 
(d) of a reason relating to the incidence or transm ission of coronavirus”. 
                                                                                                                                            
(a) S.I. 2015/62.