The Legal Position

Under the Children and Families Act 2014 and the SEND Code of Practice an EHCP can legally continue up to age 25 but only while the young person remains in education or training and only if the provision is still necessary to achieve outcomes.

There is no legal basis within the Children and Families Act 2014 or the SEND Code of Practice for ceasing an Education, Health and Care Plan on the grounds of age, placement type, or attainment of a particular qualification level (including Level 3). The statutory test, as set out in Section 45 of the Act, is whether it remains necessary for special educational provision to be maintained to secure education or training outcomes. The Code of Practice (9.151; 9.200) is explicit that plans may continue up to age 25 (up to the end of the academic year in which the young person turns 25, and in some cases up to the day before their 26^th birthday) where further education or training is required to support progression into adulthood and must not be ceased simply because a young person is over 19. Where a young person has identifiable, forward-looking outcomes, including progression to GCSE-level study, development of vocational or professional pathways, or preparation for independent living, and requires special educational provision to achieve these, the legal duty to maintain the EHCP remains. Decisions to cease must therefore be evidence-based, outcome-led, and compliant with statutory duties, not driven by assumptions about age, stage, or typical education pathways.

Provision under Section 61 of the Children and Families Act 2014 (Education Otherwise Than at School) allows for the authority to arrange special educational provision otherwise than in a school, post-16 institution or other specified place only where it is satisfied that it would be inappropriate for the provision to be made there. For example, when the evidence demonstrates that the young person requires a highly individualised programme, including specialist teaching, flexible pacing, and tailored communication and access arrangements, which cannot be consistently or effectively delivered within a conventional institutional environment.

Another justification would be when despite appropriate support, existing placements have been unable to meet need without creating significant barriers to engagement, progress, or wellbeing. An EOTAS package may therefore be necessary to secure the specified educational outcomes, including progression to GCSE-level study, vocational pathways, and preparation for adulthood, and is necessary to secure the provision specified in Section F and where provision in a school or college would be inappropriate. As such, naming a school or college would be unsuitable, and the local authority is under a duty to arrange alternative provision that can meet need effectively.

There is no provision within the Children and Families Act 2014 or the SEND Code of Practice that limits post-16 education for a young person with an EHCP to a fixed two-year period. The statutory duty under Section 42 requires the local authority to secure the special educational provision specified in Section F for as long as it remains necessary to enable the young person to achieve their educational or training outcomes. Where, due to the nature of the young person’s special educational needs, those outcomes cannot reasonably be achieved within standard programme timeframes, continued provision, beyond two years is legally justified. Funding arrangements, including typical study programme durations or banding models, do not override this duty. Any decision to cease or reduce provision must therefore be based solely on whether the outcomes have been achieved or are no longer appropriate, not on assumptions about standard progression timelines or resource considerations.

Funding models and typical programme durations are not lawful reasons to cease provision; the only test is whether it remains necessary to secure the outcomes in the EHCP. Time spent in education is not the legal threshold, but whether the outcomes have been achieved is. If the outcomes in Section F have not been achieved and still require provision, the duty to maintain the EHCP remains, regardless of age (up to the ceiling of the end of the academic year when they turn 25, in some cases, the day before their 26^th birthday), placement type, or funding arrangements.

Ways in which CandLE can support students and educational placements

The following are just some of the ways in which CandLE have been able to support students who are continuing their education after year 11:

• Learning Access Support: Providing an in-school/college service of teaching/tutor support to students who are accessing school or college courses/curriculum and need adaptive teaching and adapted resources from an AAC specialist to make learning accessible. This may include continuing in the 6^th form to complete GCSE or equivalent courses or to compete A Levels.
• Bridge Curriculum Model: Delivering and/or providing enhanced or alternative curricula via our CandLE Courses to students in specialist settings to allow them to make academic progress within national curriculum towards nationally recognised qualifications. This allows colleges/schools to incorporate our CandLE courses within their curriculum offer.
• Specialist Resource Development Services: Providing a Resource Development Service to students who are accessing courses and need resources adapted and or Accessible Education Material (AEM) provided by an AAC specialist.
• EOTAS Education Services: Providing educational support under Education Otherwise Than at School (EOTAS). This may take place in the students’ home, in the community (for example, hiring rooms in community centres or libraries where students can go to learn individually or in small groups) or within an educational setting. For example, using rooms in schools or colleges where students can go to learn individually or in small groups. This can also have the advantage of there being a peer group for social activities.

CandLE Courses endorsed by ASDAN

CandLE have developed a series of courses tailored to meet the needs of students who rely on AAC, but which will also be appropriate for a much wider cohort of students who have physical and/or learning disabilities.

The courses have been designed to provide access to National Curriculum content for students providing a ‘Bridge’ from Pre or no National Curriculum Learning towards conventional national curriculum learning and achievement so that students develop the knowledge and skills that will enable them to engage with ‘mainstream’ academia and a pathway towards recognised qualifications and meaningful future study or employment.

CandLE Courses

CandLE offer a suite of courses endorsed by ASDAN providing accreditations in:

• English:  enables students to develop Literacy through the progression of academic skills in Spelling, Punctuation and Grammar, reading, comprehension, writing, language features and analysing text.
• Maths: Enables students to develop academic skills through the progression of number, shape, space, measurement and data handling skills.
• World Knowledge: Science, History, and Geography
• Independent Living Skills through Technology and Instruction: Enables students to develop independence through the progression of Self Advocacy, Keeping Safe, Health Management, Community Access, Social, Financial Literacy and Household Management skills. The focus will be on the use of technology to develop these skills and provide instruction to others to complete tasks.
• Personal Project: Enable students to develop thinking and basic research skills by investigating a topic of their choice using a specific set of guidelines.

The courses above can be accessed at a range of levels, from Engagement (very early learning) through to Key Stage 2 equivalence (our Advancing Phase Courses). All courses are accredited by ASDAN, an awarding organisation that provides accredited programmes and regulated qualifications. ASDAN offers relevant, motivating pathways for learners with special educational needs, supporting meaningful outcomes that enable progression into further education, training, employment, and greater independence.

Learning outcomes are broken into achievable steps and are fully accessible for students with physical disabilities and those who use AAC. Many AAC users are academically able but face barriers to traditional qualifications due to access issues, unrealistic physical or memory demands, time constraints, and gaps in prior learning. Because of their physical access needs, AAC users typically take longer to complete work, which can affect progress in ways unrelated to cognitive ability.

Historically, AAC users have been offered adaptations designed for other groups, rather than solutions tailored to their specific access needs. Research increasingly recognises the need for individualised approaches for students who rely on AAC. Many AAC users do not have their access needs met until late in their schooling—often not until Key Stage 2 or 3—resulting in significant missed learning. This can leave them behind their peers, not due to lack of understanding, but because of slow work pace, inadequate software or equipment, and insufficient differentiation. Our courses and Post‑19 provision aim to address these barriers by offering routes to academic achievement that strengthen access, working memory, and thinking skills, enabling students to reach their potential.

All courses are designed so that students can access age‑appropriate learning materials and curriculum content, regardless of their academic level.

CandLE can offer the following courses and qualifications with City and Guilds:

• AAC City and Guilds (Entry 2 to Level 1)
• Key Skills English (Entry 1 to Level 2)
• Key Skills Maths (Entry 1 to Level 2)

The award and certificate in Augmentative and Alternative Communication AAC qualifications are designed to be wide ranging qualifications that allow learners to develop effective communication. Students will learn to communicate through non-verbal means including symbols and word boards and electronic communication aids.

The City & Guilds English and Maths Skills qualification is designed to help students improve everyday reading, writing and number skills. It’s ideal for students who want to improve their skills step by step, feel nervous about exams and would prefer coursework-based assessments, need to develop English or maths skills for employment, want to move on to GCSE level qualifications or have been out of education.

CandLE remains open to any innovative approach that enables students to continue their education and achieve meaningful outcomes. We will consider any combination of the options above, as well as entirely new ideas. We are committed to creating opportunities for students to continue their academic journey and make meaningful progress in their learning, employment, and independence.

Support for learning post-25

Section 1 of the Care Act 2014 states:

• The general duty of a local authority, in exercising a function under this Part in the case of an individual, is to promote that individual’s well-being.
• (e) participation in work, education, training or recreation.

This means that ongoing education post an EHCP can be lawfully argued to be part of wellbeing.

Whilst the Care Act provides that post-25 teaching may be arguable as part of a care and support package where it meets assessed eligible needs linked to communication, independence, community access or participation, it does not cover a general education entitlement.

Providing the need is agreed through assessment, section 26 provides for a personal budget which the disabled person or a nominated person manages. Section 31 provides for the disabled person to receive direct payments. Any educational provision needs to be linked to communication, independence and/or participation.

The argument can be made as follows: “They require structured teaching support to maintain communication, develop independence, and access their community, and this is best delivered via a direct payment.”

The Apprenticeship, Skills, Children and Learning Act 2009 section 86 (1) provides for education or training suitable to the requirements for those who are aged 19 or over. For example, A cognitively able AAC user at Entry Level literacy may “require” access to structured literacy teaching leading to GCSE, not just functional skills.

Under section 86 (1) of the Apprenticeship, Skills, Children and Learning Act 2009, “education or training suitable to requirements” must be interpreted as provision matched to the individual’s assessed needs, abilities, and progression goals. This includes their current level of attainment, the outcomes they are working towards (such as qualifications, employment or independence), and any support required to access learning, including specialist teaching, assistive technology, or communication support. It should reflect the individual’s assessed needs and progression goals, within the framework of what it is reasonable for the authority to secure. Crucially, while the law allows for education or training to be provided to adults, where it is suitable to their requirements, it does not create the same enforceable individual entitlement that exists under the Children and Families Act 2014.

The Department for Work and Pensions can provide Access to Work funding for supports such as job coaching, communication support, readers/notetakers, specialist equipment and software, transport, and business-related support workers and workplace adaptations. Self-employment can be supported as well as employed roles.

Marion Stanton, Head of Education  CandLE