Q:

10.05 Can an LA cease (i.e. terminate) an EHCP just because a young person turns 19?

Noddy 'no-nonsense' Guide

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

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  • 14 Feb 2022
  • No

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    No. “In line with preparing young people for adulthood, an LA must not cease an EHCP simply because a young person is aged 19 or over. 

    Young people with EHCPs may need longer in education or training in order to achieve their outcomes and make an effective transition into adulthood. However, this position does not mean that there is an automatic entitlement to continued support at age 19 or an expectation that those with an EHCP should all remain in education until age 25. An LA may cease a plan for a 19- to 25-year-old if it decides that it is no longer necessary for the EHCP to be maintained. Such circumstances include where the young person no longer requires the special educational provision specified in their EHCP. In deciding that the special educational provision is no longer required, the local authority must have regard to whether the educational or training outcomes specified in the EHCP have been achieved (see the section on Outcomes, paragraphs 9.64 to 9.69)… Young people who no longer need to remain in formal education or training will not require special educational provision to be made for them through an EHC plan”: COP2015 #9.152-3

    When a young person is close to finishing their education and training, the LA should use the final annual review to agree the support needed to help them engage with services after they turn 19: Guidance 19-25.

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    Noddy 'no-nonsense' Guide

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