SEND Law and how it relates to young people

My Education, Health and Care Plan (EHCP) at 16

This page has been co-produced between young people in Swindon, SEND Young Person’s Champion and SIAS Young Person’s worker, to answer the questions raised by young people:

  • “What does the law tell me about my rights when I turn 16?”
  • “How does SEND Law relate to me?”

An EHCP explains the support you need in education, and the goals you have for your future. It tells everyone what help you need and it explains how people can give you this help.

Every year, you will have an annual review which makes sure the plan still reflects you and your needs.

The Children and Families Act 2014 states that you are entitled to have an EHCP from 0 to 25 years if you need support and stay in education or training.

It can only end if the local authority decides you no longer need it, and they must explain why.

This is decided by how well you meet the outcomes outlined in your EHCP and whether or not you need additional time to complete your education.

The local authority must continue your plan as long as you need it and are in education or training. The SEND Code of Practice 2015 says this in paragraph 8.78.

This means you can keep your EHCP as long as you are at school or doing an apprenticeship, trainee-ship or supported internship.

The Children and Families Act 2014 says education doesn't include higher education (university).

If you are turning 16 soon, the SEND Code of Practice 2015 tells you that you have the following rights: 

  • The right to request and EHCP
  • The right to plan the contents of it and to select setting preferences for the future 

The rights to the EHCP will transfer to you, unless you lack mental capacity (under the Mental Capacity Act 2005). This means the council and professionals will now speak directly with you about your EHCP.

Even though your EHCP is now in your hands, this doesn’t stop you from appointing a representative or advocate to speak on your behalf - maybe your parents or a trusted
adult.

There must still be evidence to show that your voice has been heard when decisions are made.

The Children and Families Act 2014 says that there must be consideration for your preparation for adulthood. This includes things like employment, further/higher education, independent living,
health and well-being and community participation.

Your Annual Review must focus on these things in order to prepare you for the adult world.

Responsibilities and duties

Education settings

Schools and settings have a key role in coordinating the Annual Review and preparing you for transition.

Responsibilities:

  • Begin Preparation for Adulthood (PfA) planning no later than Year 9 and ensure this is central to the Year 11 review
  • Use person-centred approaches to gather the young person’s views and ambitions
  • Ensure careers guidance is provided in line with DfE Careers Statutory Guidance (2018)
  • Provide information on education, employment, and training options, including supported internships or apprenticeships
  • Co-ordinate with LA professionals and external services

Legal duty:

  • Annual Reviews in Year 11 must include consideration of PfA outcomes as per SEND Code of Practice 2015, 9.151

Local Authority (LA)

LAs are responsible for ensuring a timely, compliant Annual Review process that focuses on transition.

Responsibilities:

  • Ensure Annual Reviews are carried out and reviewed within statutory timescales
  • From the end of compulsory schooling (age 16), ensure young people are fully involved and understand their legal rights under the Children and Families Act 2014, Section 33
  • Provide information about post-16 education and training, social care eligibility, and employment pathways
  • Ensure coordination between education, health, and social care services in the review
  • Provide an updated EHCP where necessary to reflect the young person’s aspirations and planned post-16 pathway

Legal duty:

  • Local authorities must review and amend EHCPs before 31March in Year 11 if the plan names a post-16 placement (SEND COP 9.179)

External agencies and professionals

Multi-agency collaboration is essential in helping the young person prepare for adulthood.

Responsibilities:

  • Provide specialist input into the review, for example, functional assessments, careers advice, transition support
  • Contribute to transition planning with a focus on independent living, health, community participation, and employment
  • Ensure continuity of support during and after transition

Legal Duty:

  • Agencies named in EHCPs must cooperate with the LA in carrying out its duties (Children and Families Act 2014, Section 29)

Legislation

Legal framework for supporting children and young people with special educational needs and disabilities:

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