EHCP Post-16 Rights: What Parents and Young People Need to Know Up to Age 25

When a young person with an EHCP approaches 16, parents often receive unsettling signals from the local authority — suggestions that the plan will need to be "reviewed," talk of "transition to adult services," and sometimes outright hints that funding arrangements are about to change. Some families receive letters implying their child's EHCP is ending simply because they are turning 18.

Almost all of this is wrong. England's SEND framework under the Children and Families Act 2014 protects young people up to the age of 25. Understanding exactly how those rights work — and when an LA can legitimately cease an EHCP — is essential for any family navigating post-16 SEND support.

The Law: EHCP Rights Don't End at 16 or 18

Part 3 of the Children and Families Act 2014 uses the phrase "children and young people." A "young person" is defined as someone who is over compulsory school age but under 25. This means the EHCP framework applies throughout further education and training, not just during secondary school.

A local authority cannot lawfully cease to maintain an EHCP simply because a young person:

• Turns 16 and enters sixth form or a further education college
• Turns 18 and becomes an adult under other areas of law
• Is no longer in secondary school

The only legal grounds for ceasing to maintain an EHCP are set out in Section 45 of the Children and Families Act 2014. An LA can only lawfully cease an EHCP if:

1. The young person is no longer in its area (e.g., has moved to another local authority's jurisdiction)
2. The LA determines that the EHCP is "no longer necessary" — meaning the young person's needs can be met without one
3. The young person takes up paid employment (this does not include supported internships)
4. The young person enters higher education (university)

"The plan is no longer necessary" is the most commonly misused justification. It does not mean the young person has "improved enough" in a general sense. It means the specific provision set out in the EHCP is no longer required to meet their needs and support their outcomes. If the young person still needs specialist educational provision to achieve their goals, the plan is still necessary.

Post-16 Phase Transfer: What Happens at the Annual Review in Year 11

The transition from secondary school to post-16 education is a "phase transfer," and it triggers specific statutory deadlines. The LA must issue a final amended EHCP naming the post-16 placement by 31 March in the year of transition — not 15 February, which applies to primary-to-secondary moves.

This means families should be beginning active discussions about post-16 options during Year 11, and the Annual Review in Year 11 should explicitly address which college, specialist post-16 provision, or other setting will be named in Section I.

If the LA misses the 31 March deadline, it is in breach of its statutory duty. Write immediately, citing the breach, and if the failure continues, escalate via a Pre-Action Protocol letter or complaint to the Local Government and Social Care Ombudsman.

What Post-16 Provision Can Look Like

The EHCP's Section F provisions are just as enforceable in a further education college as they are in a school. If the plan specifies that a young person requires 1:1 support from a qualified Teaching Assistant, the college named in Section I must provide it, funded through the LA.

Post-16 settings that can be named in Section I include:

• Mainstream further education colleges
• Specialist further education colleges (including non-maintained provisions)
• Sixth form colleges
• Training providers
• Independent specialist providers

The SEND Code of Practice Chapter 11 requires that transition planning begins properly in Year 9 and becomes progressively more detailed as the young person approaches 16. By Year 11, the EHCP should contain specific, forward-looking outcomes related to the young person's aspirations for employment, independent living, and community participation.

Rights at 18 and Beyond: EHCPs for Young Adults

When a young person turns 18, legal responsibility for the EHCP shifts. The young person themselves becomes the decision-maker — not their parents — unless they lack the mental capacity to do so. Parents retain no automatic right to be consulted or to make decisions on the young person's behalf under SEND law once they turn 18, though in practice most young adults continue to involve their families closely.

What does not change is the LA's duty. If the young person is still in education or training and their EHCP outcomes have not been achieved, the plan must continue. The statutory protection extends to age 25.

However, there are two important practical limits. First, the provision covered by the EHCP must remain educational provision — not social care or health support alone. Second, the young person must remain in education or training that is aimed at achieving their EHCP outcomes. A young person sitting at home without any formal educational engagement cannot compel the LA to maintain an EHCP indefinitely; the plan requires active educational or training participation.

Supported Internships and EHCPs

Supported Internships are a highly valuable post-16 pathway exclusively available to young people aged 16 to 24 who hold an EHCP. They are structured study programmes in which the young person spends approximately 70% of their time in an actual workplace, supported by a qualified job coach funded through the EHCP framework.

The job coach is not an optional extra — it is an EHCP provision that the LA must fund through Section F if a Supported Internship is named as the educational setting in Section I. Local authorities sometimes attempt to resist funding job coaches as "employment support" rather than "educational provision." This is incorrect: the SEND Code of Practice explicitly frames Supported Internships as educational programmes and job coach support as educational provision.

If your young person is interested in a Supported Internship, ask the post-16 Annual Review to specifically consider naming a Supported Internship provider and include the job coach in Section F. A list of registered Supported Internship employers can be found via the DfE.

Practical Checklist for Post-16 EHCP Rights

Start preparing from Year 9 Annual Review:

• Ask the LA to include transition planning language in Section E outcomes
• Identify what post-16 settings could meet your young person's needs
• Commission independent professional reports if the existing ones are outdated

By the Year 11 Annual Review:

• Formally express a preference for a post-16 placement under Section 39 CFA 2014
• Ensure the EHCP outcomes are forward-facing, not just school-based
• Check the 31 March final EHCP deadline is being met

If the LA tries to cease the EHCP without lawful grounds:

• Appeal under Section 45 of the Children and Families Act 2014
• Note that Section 45(4) bars the LA from ceasing the plan until the Tribunal appeal is fully concluded
• Gather evidence that the young person still needs the provision in Section F

The England SEND Tribunal Playbook includes detailed guidance on post-16 rights, transition planning checklists, and template letters for challenging unlawful attempts to cease or diminish post-16 EHCPs.

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