Jane Sinson Educational Psychologist Children and Families Act 2014: understanding the legal requirements for the post 19 age group Jane Sinson Educational Psychologist

Children and Families Act 2014: overview The Local Authority (LA) must take account of young person’s (yp) views and involve them in decision-making publish the Local Offer and provide impartial information and advice and dispute resolution processes work together across education, health and care for joint outcomes identify all the children and yp in their area who have or may have SEN or disability conduct an EHC needs assessment when it considers it may be necessary for special educational provision to be made accordance with an EHC Plan support the child or young person and the child’s parents to help achieve the best possible educational and other outcomes facilitate preparation for adulthood

Children and Families Act 2014: overview: SEND COP Key Chapters for those working with the post 16 age group: 1, 2, 3, 4Introduction & Chapters Chapter 7: statutory duties for post 16 educational establishments Chapter 8: preparing for adulthood Chapter 9: EHC Plans

Children and Families Act 2014: Post 16 duties – preparing for adulthood Preparation for adulthood outcomes (SEND COP Ch 8) HE/employment, e.g. identifying education and training options Learning how to do a job e.g. work experience Independent living, e.g. where the yp wants to live independent living skills Maintaining good health in adult life, e.g. transfer to adult services Participating in society, e.g. friendships and relationships accessing the local community

Children and Families Act 2014: Post 16 duties including preparing for adulthood LA duties consult with the yp directly, rather than their parent, when the yp has completed Y11 and had their 16th birthday Yp aged 16 -17 years, the LA will continue to involve the yp’s parent accept requests directly from the yp when they have completed Y11 regarding their EHC Plan or requesting an EHC needs assessment keep education and care provision under review EHC Plan reviews from Y9 and every review thereafter includes a focus on preparing for adulthood

Children and Families Act 2014: Post 16 duties including preparing for adulthood LA duties publish the Local Offer including provision to prepare children and yp for adulthood and independent living and indicating support available in higher education Local Offer must include provision that 19-25 year olds with SEN can access regardless of whether they have an EHC Plan co-operate with FE colleges, 6th form colleges, 16-19 years Academies and independent specialist colleges approved under Section 41 Children and Families Act 2014

Children and Families Act 2014: Post 16 duties including preparing for adulthood LA duties to a young person with an EHC Plan: consider the need to provide a 5 day per week package of provision where appropriate to meet the needs. Can include activities to support the preparing for adulthood outcomes when the LA knows a yp will be leaving education or training, the final review should be used to agree support and specific steps to enable the yp to engage with the services and provision they will be accessing after leaving education

Children and Families Act 2014: Post 16 duties including preparing for adulthood Legal duties on post 16 institutions (SEND COP 7.3, 7.7, 7.17,7.20 ) to co-operate with the LA on arrangements for young people with SEN to admit a young person if the institution is named in an EHC Plan to have regard to the SEND COP to use their best endeavours to secure special educational provision that the young person needs and review it regularly to co-operate with the LA in the annual review process for young person with an EHC Plan must not discriminate against disabled yp and must make reasonable adjustments (Equality Act 2010)

Children and Families Act 2014: Post 16 duties including preparing for adulthood Legal duties on post 16 institutions (SEND COP 7.9, 7.22 ) FE & 6th Form colleges must secure access to independent careers guidance for all students up to age 18 and for 19 – 25 years olds with EHC Plans ensure there is a named person in college with oversight of SEN provision to ensure co-ordination of support (similar to a school SENCo) colleges should ensure they have access external specialist services and expertise colleges should keep a record of support and ensure the Individualised Learner Record data is accurate and provide information to the LA

Children and Families Act 2014: Post 16 duties including preparing for adulthood Programmes of Study for students with SEN 16 -19 years and 19-25 years with an EHC Plan Coherent study programme which provides stretch and progression enables achievement of best possible outcomes in adult life enables progression to a higher level of study than prior attainment does not repeat learning already successfully completed includes meaningful work experience leads to recognised qualifications non-qualification courses focus on preparation for adulthood and work experience

EHC Plans for the post 19 age group Children & Families Act 2014 provides for young people with EHC Plans to participate in education until 25 years old – this is not an entitlement However, the law does not set a specific cut off point when an LA can lawfully refuse to provide education except that the yp has become 25 years old SEND COP 9.200 gives criteria for the LA to consider when deciding to cease a plan; for post 19 age group this focuses on achievement of the EHC Plan outcomes

EHC Plans for the post 19 age group If the yp has an EHC Plan before their 19th birthday, it will continue until ceased by the LA unless certain circumstances happen: the yp is over 16, leaves education to take up paid employment enters higher education is over 18 years and no longer wishes to engage in education moves to another LA area

EHC Plans:, ceasing to maintain for the post 19 age group Criteria for ceasing an EHC plan (SEND COP 9.200 – 9.201 & 9.210) The LA must not cease an EHC Plan just because: the young person is aged 19 years or over the young person aged 18+ leaves education or training before the end of their course. The LA must review the EHC Plan to determine the young person’s intentions the young person is given a custodial sentence Case law has established that an EHC Plan cannot be ceased just because the yp is unlikely to attain qualifications

EHC Plans: ceasing to maintain for the post 19 age group Criteria for ceasing an EHC plan For the post 19 age group this is focussed on the yp achieving the education or training outcomes set out in the EHC Plan (SEND COP 9.200) Raises potential issue that, if outcomes are achieved, new outcomes may be needed to enable the yp to meet the preparing for adulthood outcomes which require special educational provision SEND COP 9.200 is open to interpretation and clarity is likely to be achieved through case law

EHC Plans: ceasing to maintain for the post 19 age group Criteria for a post 19 EHC Plan: ceasing a plan (SEND COP 9.200 – 9.201 & 9.210) When the LA is considering ceasing an EHC Plan it must inform and consult with the young person and educational establishment When the LA decides to cease to maintain an EHC Plan it must inform the young person, the educational institution and the Clinical Commissioning Group (Health Authority). It must also inform the young person of their right to appeal to the First-tier Tribunal (Special educational needs and disability) Support should generally cease at the end of the academic year or course or apprenticeship Reaching the 25th birthday, the EHC Plan can be maintained until the end of the academic year or course or apprenticeship, up to the day before 26th birthday

EHC Plans: the 19 – 25 years age group Criteria for a post 19 EHC Plan: securing a plan All 19 – 25 years old young people have the right to request an EHC needs assessment (SEND COP 9.8) regardless of whether they are already in an educational placement The general criteria LA use to decide if an assessment is needed is based evidence of purposeful action by the educational establishment not enabling the young person to make expected progress (SEND 9.14)

EHC Plans: the 19 – 25 years age group training. Remaining in education or training should help achieve education and training outcomes building on prior learning and preparing for adult life (SEND COP 9.14) EHC Plans: the 19 – 25 years age group Criteria for a post 19 EHC Plan: securing a plan Additionally, for post 18 age group LA must consider whether the young person requires additional time, in comparison with young people without SEN, to complete their education or training. Remaining in education or training should help achieve education and training outcomes building on prior learning and preparing for adult life (SEND COP 9.14) Ensuring the yp is prepared effectively for adulthood should be taken into account when deciding if an EHC Plan is required (SEND COP 9.150)

EHC Plans: the 19 – 25 years age group Criteria for a post 19 EHC Plan: maintaining an EHC plan Aspirations Outcomes Provision

EHC Plans: the 19 – 25 years age group Criteria for post 19 EHC Plan: maintaining an EHC plan The EHC Plan must continue to contain outcomes which enable the yp to successfully complete their education and training and move to the next stage of their life By implication suggests aspirations will need to be linked to preparing for adulthood outcomes The LA must consider whether there is a continuing need for special educational provision The LA must review the EHC Plan at least once every 12 months

EHC Plans: secure, cease or maintain If the young person disagrees with the LA’s decision regarding securing, maintaining or ceasing the EHC Plan s/he can appeal against the decision to the First-tier Tribunal (SEN and Disability)

What does this mean for 18 -25 years old young people in education? All adult legislation e.g. safeguarding Equality Act 2010 Children & Families Act 2014 Mental Capacity Act 2005 April 2015 Law Society Guidance on deprivation of liberty

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