Is there a legal requirement for a LA to secure full time education for a 19 year old in a college setting?
We are appealing a placement in Section I of the EHCP. The requested new college offers a 5 day provision while the current (named) college is only 3 days. At mediation I would like to explain that we are seeking health and social care support to extend the current provision to 5 days. Is there any legal requirement or legislation for the LA to provide or secure full-time education / training for a 19 year old in a college setting. I would like to use this to support our case when providing a cost comparison against the 2 settings.
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 24 May 2025
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No
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Simple
Mr Stout,
No,
There is no automatic entitlement to full-time education for young people aged 19 and over. However, where a young person has an Education, Health and Care Plan (EHCP), full-time provision may be appropriate, depending on their individual special educational needs.In this instance, it appears that the decision will rest with the First-tier Tribunal (FtT). A more favourable outcome is likely if the evidence from relevant professionals supports the need for full-time education in a college setting, and if the young person clearly wishes to pursue such a programme.
It may also be pertinent to scrutinise the evidence the local authority (LA) is relying on to justify its assertion that a three-day timetable is adequate.
Please also note that young people aged 19 or over may be eligible for legal aid. This can be checked by contacting the Civil Legal Advice helpline on 0345 345 4 345.
Best wishes,
Sean Kennedy
24 May 2025
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