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Education, Health & Care Plans (16+) | SEN Lawyers

SEN Solicitors Discuss EHCPs for Children under 16 years old

Education placements may change once your disabled child turns 16 and moves from school to college or other post-16 institutions. For parents of young people with Education, Health and Care Plans (EHCPs), this transition can be stressful

Common challenges faced by young people under 25 with Education, Health and Care Plans

Education, Health and Care Plans (EHCPs) can now be maintained until age 25, but there is no automatic entitlement to continued educational support after reaching 19.

You may be worried about reduced support for your child in a new setting, removal of free transport, or be unhappy with any new proposed placement.

In addition, your child’s needs may have changed significantly now that they are older and a full re-assessment may be needed rather than just a review of the EHCP.

Your child may find themselves facing a proposal by the Local Authority (LA) to cease to maintain their EHCP. However, LAs must not cease an EHCP simply on the basis that a young person is over 19 and must assess whether the educational or training outcomes in the EHCP have been met.

In some cases, your child may be ready to leave education but will still have ongoing care and support needs. For young people over 18 with an EHCP, the LA should plan ahead for the transition to adult health and social care services and ensure that assessments are integrated with an annual review of the EHCP.

The Council for Disabled Children have produced a guide to help young people with Special Educational Needs and disabilities issue complaints regarding problems with their education.

Specialist advice for young people with Education, Health and Care Plans aged 16+

If you are unable to resolve your concerns with the education provider or LA, our specialist Community Care and Education lawyers can help you by:

  • Challenging a refusal to carry out an EHC needs assessment or re-assessment;
  • Contesting a refusal to issue an EHCP following a needs assessment;
  • Supporting you in disputing the suitability of a proposed post-16 placement and appealing to the SEND Tribunal to have your preferred placement named in section I of the EHCP;
  • Seeking to amend the contents of an EHCP where they no longer reflect your child’s needs, or where you disagree with proposed amendments to the description of special educational needs and provision;
  • Challenging removal of transport;
  • Appealing against a proposal to cease to maintain a young person’s EHCP.

If you or your family require specialist Education Law advice which may include an assessment of health and care needs for anyone under the age of 25, contact us on 01273 609911, or email to find out how our Community Care and Education Law Team can help.

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