Post-19 education for young people with special educational needs and disabilities
Produced in partnership with Hannah Lynch of St Pauls Chambers
Post-19 education for young people with special educational needs and disabilities

The following Local Government guidance note Produced in partnership with Hannah Lynch of St Pauls Chambers provides comprehensive and up to date legal information covering:

  • Post-19 education for young people with special educational needs and disabilities
  • What should ‘education’ look like for 19-25s with SEND?
  • What should a local authority consider when deciding on provision post 19?
  • Relevant considerations when deciding whether to maintain an EHC Plan
  • The ‘five day offer’ and the need to improve local provision

Part 3 of the Children and Families Act 2014 (CFA 2014) introduced a radical overhaul of Special Educational Needs provision in England and Wales. Statements were replaced with 'Education, Health and Care Plans' (EHC Plans); and made available to young people up to the age of 25. See Practice Note: Special educational needs in England under the Children and Families Act 2014.

A young person over compulsory school age, but under 25 is a ‘young person’ for the purposes of the CFA 2014.

Young people with Special Educational Needs and Disabilities (SEND) who wish to undertake further education will be entitled to have their EHC Plan maintained up to the age of 25, where this is appropriate and necessary to enable them to access the educational provision of their choice.

The creation of 19–25 special education is a very significant development, both for young people and for local authorities. For young people with special needs, the fact they can retain an EHC Plan into their early 20s should mean that many could remain in educational provision for much longer than would otherwise have been the case.

Extending EHC Plans to cover the 19–25 age range should, if Education and Social Care departments work well together, reduce the difficulties around transition from Children’s Services to Adult Services and ensure continuity of planning for a young person’s