Q:

04.02 Does the LA have a duty to make provision under an EHCP for a young person up to the age of 25 even where they may not obtain further ...

04.02 Does the LA have a duty to make provision under an EHCP for a young person up to the age of 25 even where they may not obtain further qualifications?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022
  • Yes

    Simple

    Yes. Obtaining qualifications is not an essential element of education (i.e. the fact that a young person will not obtain qualifications does not mean that they do not need, or are not entitled to, education). 

    In Buckinghamshire CC v SJ [2016] UKUT 254 (AAC), the FTT was entitled to direct the LA to issue an EHCP following assessment in circumstances where SJ (who was 20 years old) functioned at a pre-school level and it was accepted “further achievements would be small”, because those achievements would be valuable in SJ’s adult life.

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister