The Children and Families Act 2014 extended support to include young people with Special Educational Needs and Disabilities (SEND) so they can keep their EHCPs from 16-25 years old.
- You become a “young person” on the last Friday in June after you turn 16
- You stop being classified as a young person (for the purpose of EHCPs) when you turn 25
Post 16 Education
Your child can leave school or “compulsory education” at the end of the school year in which they turn 16. However, all young people are now expected to stay in some kind of education or training until they are 18 years old.
Additionally, the SEND reforms in England in 2014 mean a disabled young person can have an EHCP until the age of 25. This means they can have an EHC plan while they are in further education, while they are in training such as an educational day placement, or supported internship, or if they are on an apprenticeship. This also includes residential educational colleges.
What kind of support do EHCPs for 16-25 year olds provide?
If your young person does not already have an EHCP, mainstream colleges must support students with SEND in a similar way to how schools do through SEND support. There should be a named person in charge of support for students with SEND. Students who need more help than the college could normally provide may need an Education Health and Care plan (EHCP).
If your young person has had an Education, Health and Care Plan through school, it does not have to end when they leave school. EHCPs for 16-25-year-olds can continue as long as they:
- still have SEND and
- stay in some kind of education or training.
How do I make sure their EHCP isn’t discontinued?
There is no automatic entitlement to continued educational support after reaching the age of 19. You may find that your local authority proposes to end or “cease to maintain” your young person’s EHCP after they reach 18. However, LAs must not cease an EHCP simply on the basis that a young person is over 19. They must assess whether the educational or training outcomes in the EHCP have been met. This means your young person may need to be reassessed now they are older, to ensure that their needs are still being met.
If your local authority tells you they are going to cease the EHCP at age 18, we can help. Here are just some of the issues you may face that we can help you with:
- refusal to carry out an EHC needs assessment;
- refusal to carry out a reassessment;
- refusal to issue an EHCP following a needs assessment;
- suitability of a proposed post-16 placement
- appealing to the SEND Tribunal to have your preferred placement named in section I of the EHCP;
- contents of an EHCP that no longer reflect your child’s needs;
- proposed amendments to the description of special educational needs and provision that are unwarranted;
- removal of transport provision;
- The local authority is proposing to cease to maintain your child’s EHCP.
- We can also help you find a suitable specialist provision if that’s what they need.
Get in touch with us to find out how we can help you/your young person with any of these issues or any other issues related to their education after they age of 16.