Whether an EHC plan ends at 16 or 18, who makes decisions after that point, and when a plan typically ends.
An EHC plan doesn't automatically end at 16 or 18. It can remain in place up to age 25, as long as the young person is still in education or training, and still needs the special educational provision the plan describes.
Once a young person reaches the end of compulsory school age, generally the end of the academic year in which they turn 16, the right to make decisions about their education, including the right to appeal, passes from the parent to the young person, unless it's agreed the young person doesn't have the mental capacity to make those decisions themselves.
Planning for what happens after school is required to start early. Annual reviews from Year 9 onward have to include this, covering options like further education colleges, apprenticeships, or supported internships.
The shift in who makes decisions at 16 catches a lot of families off guard. SEND Assistant helps both parents and young people understand what actually changes, and when. Try SEND Assistant free.
Does the plan end automatically at 18?
No, there's no fixed cut-off point built into the law itself, it can continue up to 25 if still needed.
Can a parent still be involved after decision-making rights transfer?
Yes, in practice many families continue to work together, the legal right to decide simply moves to the young person.
What if a young person is assessed as lacking capacity to decide?
In that situation, decision-making rights may remain with a parent or appropriate representative.
Does going to university always end the plan?
Generally yes, since universities operate under different legal duties than schools and colleges.
What if a young person takes a gap year?
This depends on individual circumstances and how it affects an existing plan varies by case.
This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.