The most substantial change brought about by the Children and Families Act 2014 was the replacement of the old Statement system with the new Education, Health and Care Plan (EHC Plan). Previously, the Statement was based solely upon a child’s individual educational needs, whereas the incoming EHC Plan system meant that all three branches (health, social care and education) of the Local Authority would work together in harmony to determine exactly what each child needs and how best to meet those needs.
EHC Plans exist to support young people into adulthood and are available to young people aged up to 25 years old.
In order for a child or young person within the requisite age bracket to receive an EHC Plan, an education, health and care assessment needs to be made. To receive an assessment, one of the following must apply in writing to the Local Authority:
- A parent of the child
- A young person between the ages of 16 and 25
- A representative of a school or post-16 institution (with, where possible, the knowledge and consent of the parent or young person)
The Local Authority has 6 weeks to respond and the entire process should take no more than 20 weeks from the date of the request.
EHC Plan benefits for 19-25 year olds
The EHC Plan assessment examines the life of a 19-25 year old beyond their education, bringing into account different services in the areas of health and care, gaining in the process a much greater and more accurate picture of what the young person needs.
Where a 19-25 year old leaves their education or training course prior to its completion, the Local Authority is not allowed to terminate the EHC plan without first committing to a full review. This will take into account all of the factors leading to the young person's decision and determine whether he or she wishes to return to their education or training, either at the educational institution specified in the EHC Plan or elsewhere.
If they do wish to return to education or training, and the Local Authority agrees it is appropriate, then the Local Authority must amend as necessary and maintain the EHC plan.
Young people who do not already have an EHC plan continue to have the right to request an assessment of their SEN at any point prior to their 25th birthday.
At Match Solicitors, we pride ourselves on our quality of service and depth of knowledge in matters surrounding the provision of care for 19-25 year olds. If you have any questions, please get in touch. We would be happy to help.
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