Q:

My friend is planning to move to Hertfordshire with her 15 year old son who has complex needs. She has identified an appropriate college for him but is hesitating because that college is telling her that she won't get funding from Hertfordshire beyond the age of 19. They referred her to this web page to explain the local authority's policy on funding for children with EHCPs. As far as I can see there is nothing on the website suggesting that he won't be eligible for funding, and in any case surely he is legally entitled to funding until the age of 25 no matter where he lives? https://www.hertfordshire.gov.uk/microsites/…

Emily Foges

Emily Foges
Support SEND Kids
13 Oct 2022
Watched by 3

A: SenseCheck

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  • 14 Oct 2022
  • Other

    Simple

    Can't answer yes or no.:

    A young person may have an EHCp until they are 25:

    https://www.legislation.gov.uk/ukpga/2014/6/section/46/enacted

    it follows that age alone is not a reason for not maintaining an EHCp up to the above age albeit they type of study will be relevant ie a young person (or child for that matter) cannot have an EHCp at university but at a Further education (FE) college a young person can have an EHCp.

    The Noddy No-nonsense Guide to SEN law covers issues relating to eligibility for an EHCp well. 

    A parent or young person can also seek the assistance of the SEND Tribunal who will stand in place of the LA to resolve placement and other content issues. 

    I politely suggest that the college in question review the website you reference with the above in mind.  

    Sean Kennedy

    Sean Kennedy
    Talem Law

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