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• 14 Feb 2022

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  No. The duty to maintain an EHCP applies until an individual is 25, as at that point they cease to be a “young person”: CFA2014 s37(1), s42, s46 and s83(2). However, the LA has a discretion to continue to maintain an EHC Plan for a young person until the end of the academic year during which the young person turns 25: CFA2014 s46. Any dispute as to the discretion to continue a plan beyond the age of 25 is for judicial review rather than the FTT: JL (by EA) v Somerset County Council [2021] UKUT 324 (AAC) #25-29.

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

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