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Post-19 education and SEND

Lexis Nexis, Local Government, in partnership with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.



Local Government Lawyer

Post-19 education and SEND 

Friday, 01 June 2018

Local Government, in partnership with Hannah Lynch of St Pauls Chambers, considers the key issues around post-19 education for young people with special educational needs and disabilities.

Part 3 of the Children and Families Act 2014 (CFA 2014) introduced a radical overhaul of Special Educational Needs provision in England and Wales. Statements were replaced with 'Education, Health and Care Plans' (EHC Plans); and made available to young people up to the age of 25. See Practice Note: Special educational needs in England under the Children and Families Act 2014.

A young person over compulsory school age, but under 25 is a ‘young person’ for the purposes of the CFA 2014.

Young people with Special Educational Needs and Disabilities (SEND) who wish to undertake further education will be entitled to have their EHC Plan maintained up to the age of 25, where this is appropriate and necessary to enable them to access the educational provision of their choice.

The creation of 19–25 special education is a very significant development, both for young people and for local authorities. For young people with special needs, the fact they can retain an EHC Plan into their early 20s should mean that many could remain in educational provision for much longer than would otherwise have been the case.

Extending EHC Plans to cover the 19–25 age range should, if Education and Social Care departments work well together, reduce the difficulties around transition from Children’s Services to Adult Services and ensure continuity of planning for a young person’s education and care needs.

The disadvantage to local authorities is that the funds required to implement the new statutory system must be found at a time when local authorities' budgets are being significantly cut. Extending the age range for EHC Plans up to 25 means that local authorities could potentially have to fund special educational provision for every young person with an EHC Plan for another six years. While this will not be necessary or desirable in every case, the cost implications for local authorities are significant.

Click the link below to read more

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=35486%3Apost-19-education-and-send&catid=54&Itemid=22

 

 

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