The legal framework: from CFA 2014 to Care Act 2014
Three statutes work together for young people aged 14-25 with SEN:
Children and Families Act 2014
Provides EHCPs up to age 25 where the young person remains in education or training. Includes the four broad areas of SEN, transition planning duties, and the Preparing for Adulthood framework.
Care Act 2014
Adult social care framework from age 18. Section 58 requires local authorities to carry out child's transition assessment before the young person's 18th birthday. Provides for ongoing care and support post-EHCP.
Mental Capacity Act 2005
Governs decision-making capacity from age 16. Young people are presumed to have capacity unless assessed otherwise. Best interests decisions apply where capacity is lacking.
What counts as 'education or training' for EHCP continuation
EHCPs can continue post-19 only while the young person is in education or training. The relevant categories include:
School sixth form
Mainstream or special school sixth form provision up to 19.
FE college
Mainstream colleges of further education, specialist FE colleges, sixth form colleges.
Section 41 independent specialist college
Independent specialist colleges approved by Secretary of State.
Apprenticeship
Government-recognised apprenticeship frameworks at any level.
Supported internship
Structured internship programmes for 16-24 year olds with EHCPs.
Traineeship
Government traineeship programmes for 16-24 year olds.
Study programme at training provider
Approved study programmes delivered by independent training providers.
EOTAS post-16
Education Otherwise Than At School (section 61) continues to apply post-16.
University does not count — EHCPs end on transition to higher education, replaced by Disabled Students' Allowances (DSA) and university disability support. Unstructured day services and employment without apprenticeship framework also do not count.
What strong cases do next
- 1
Start preparing for adulthood from Year 9
The Year 9 annual review must address transition to adulthood. Use the Preparing for Adulthood framework: employment, independent living, community inclusion, good health. Build the EHCP around these outcomes from earlier ages.
- 2
Plan post-16 placement carefully
Visit options 18 months ahead of transition. Year 11 annual review must result in a placement decision. Consider not just the immediate post-16 placement but the trajectory toward 19, 21, and 25.
- 3
Build adult social care engagement early
Adult social care provision under the Care Act 2014 takes over from children's services at 18. Request a transition assessment under section 58 of the Care Act in good time — ideally from age 17 — to prevent gaps in provision.
3 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
Transition to adult social care under the Care Act 2014
The Care Act 2014 governs adult social care from age 18. For young people with SEN, the bridge between children's and adult services is critical. Section 58 of the Care Act requires the local authority to carry out a 'child's needs assessment' before the young person's 18th birthday where it is likely they will have needs for care and support after 18.
Practical implications:
- Request a Care Act transition assessment from the local authority from age 17 (or earlier if complex)
- Care and support plan should align with EHCP outcomes, particularly Section H2
- Section H2 of the EHCP can specify Care Act provision continuing alongside the EHCP
- Continuing healthcare assessment may be needed for health-led provision (NHS-funded)
- Adult social care continues post-25 where eligibility under the Care Act is established
- Where provision moves to Care Act, parental involvement may continue under best interests where young person lacks capacity
Maintaining EHCP through to 25
- Year 9 onward: annual review references Preparing for Adulthood outcomes
- Age 16-17: Care Act transition assessment requested
- Age 17-18: adult social care plan drafted to align with EHCP
- Age 18+: Care Act provision in Section H2 of EHCP
- Each annual review: justify ongoing EHCP-level provision required
3 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
Common problems with post-19 EHCPs
- local authority tries to cease EHCP at end of college course without proper reassessment
- Care Act transition assessment not done — young person reaches 18 without adult care plan
- Section H2 not updated to reflect Care Act provision from 18
- EHCP ceased because young person changes from college to apprenticeship — both count as education/training
- Young person's capacity not properly assessed — adult decisions made without consultation
- Higher education incorrectly assumed to extend EHCP — it does not
- No transition planning between EHCP cessation and adult services
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.