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SEN LAW
Post-16 issues Specialist SEN solicitor Douglas Silas answers questions about young people with SEN in post-16 education What has the post-16 system been until now? Prior to 1 September 2014, at the end of their compulsory education, young people who wished to remain in education for post-16 provision were entitled to keep a statement of SEN until they were 19 years old, provided that they stayed in a school. However, if they moved to a college or other further education institution, they were no longer able to keep their statement; instead, they had a learning difficulties assessment. After the assessment, there would be a written report known as an LDA, setting out the young person’s educational and training needs and the provision required to meet them.
What is an LDA? An LDA is supposed to be similar to a statement, as it sets out what additional or different learning support and provision a young person needs when continuing their education post-16. The contents of an LDA are discussed during transition reviews. A number of people are asked for information, such as the school, the local authority (LA) educational psychologist and representatives from Connexions or other organisations that assist with transition. The LDA would then be passed on to the relevant post-16 institution.
were often reluctant to assist, because that would require them to find that LAs were sometimes acting unlawfully in the way that they produced them. Some people also felt that young people were “falling off a cliff” when they left school, as they no longer had the protection of a statement.
What is happening to LDAs now? LDAs are now being transferred to education, health and care (EHC) plans. Where an LDA has been carried out and a report has been written for a young person before 1 September 2014, it will continue to have legal effect until 1 September 2016, unless the young person/post-16 institution asks the LA to secure an EHC needs assessment (or the LA decides itself to secure an EHC needs assessment). As with statements, during the transition period, transitional arrangements will be in place to maintain elements relating to LDAs prior to 1 September 2016. After that date, all young people who receive support as a result of an
There is no automatic entitlement for a young person to have an EHC plan until they are 25 LDA who wish to continue in further education and training must have an EHC plan.
Do EHC plans go up to the age of 25? Theoretically, yes, but practically this may not always be the case. Although we have been told that EHC plans can continue up to the age of 25, in fact, they are only able to do this if the “outcomes” contained in them have not yet been achieved. There is no automatic expectation or entitlement for a young person to have an EHC plan until they are 25. For example, they may still finish their education or training by the time they are 19 years old and so would no longer require an EHC plan.
Were there any criticisms of LDAs? Many people felt that LDAs did not have the same legal rights attached to them as statements, since parents were unable to appeal against them to an independent body. Also, although the Judicial Review process could be used to try and challenge them, the courts SENISSUE76
Students needing support with learning post-16 will need an education, health and care plan.
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