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

The following Local Government practice note produced in partnership with Hannah Lynch of St Pauls Chambers and Laxmi Patel 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?
  • The Local Offer
  • Mainstream placement
  • Specialist placement
  • EHC plans not available to assist in pursuing higher education
  • What should a local authority consider when deciding on post-19 provision?
  • Role of aspirations and outcomes
  • Relevant considerations when deciding whether to maintain an EHC plan
  • Capacity: who makes the decisions?
  • More...

Post-19 education for young people with special educational needs and disabilities

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38, Sch 16 Pt 1–Sch 16 Pt 3, Sch 17 Pt 1–Sch 17 Pt 3, among other measures, make provision to require temporary closure of educational institutions and to make temporary continuity directions relation to childcare, education and training by way of statutory instruments and/or guidance. For further information as to the current impact on this content, see: Coronavirus (COVID-19)—education tracker.

Part 3 of the Children and Families Act 2014 (CFA 2014) sets out primary legislation in relation to special educational needs and disabilities (SEND) in England. It introduced 'Education, Health and Care Plans' (EHC Plans) which sets out support that must be provided to meet educational needs. This support can be 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 their learning outcomes have not yet been met,

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