EHCP post-16: continuing your EHCP into college and beyond | EHCP Clarity
Post-16 EHCP Guide

EHCP post-16: continuing into college, training and supported internships

EHCPs do not stop at 16. Under the Children and Families Act 2014, an EHCP can continue for as long as the young person remains in education or training and continues to need EHCP-level provision — up to age 25. This guide explains how the EHCP changes after 16, how Section I post-16 placements work, the young person's role as decision-maker, and how to plan for transition into adult life.

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Quick answer

EHCPs continue post-16 where EHCP-level provision is still needed in education or training — up to age 25. From age 16, the young person is the primary decision-maker, not the parent. Post-16 placements include school sixth forms, FE colleges, section 41 independent specialist colleges, supported internships, and EOTAS. Year 11 annual review is the statutory transition point — final amended plan must be issued by 31 March in the year of transfer.

The legal framework for post-16 EHCPs

The Children and Families Act 2014 extended SEN provision to age 25 — a major change from the previous Statement system which ended at 19. Under section 37 of the Act, the LA must continue to maintain an EHCP for as long as it is necessary, regardless of age (up to the 25 limit), provided the young person remains in education or training.

Section 83 of the Act defines who is a 'young person' for SEN purposes — broadly, anyone over compulsory school age but under 25. From this age, decision-making rights transfer from parent to young person. The young person has the right to request reviews, agree placements, request amendments, and bring SEND Tribunal appeals.

The SEND Code of Practice (Chapter 8) deals specifically with post-16 provision, including placements, transition planning, supported internships, and the legal duties on FE colleges and other providers.

Post-16 placements that can be named in Section I

School sixth form

Mainstream or special school sixth form. LA must consult and name unless section 39 exceptions apply (similar to pre-16 placements).

Mainstream FE college

General further education colleges (e.g. local colleges of further education). Provision typically includes additional learning support, exam accommodations, mentoring.

Specialist FE college

Colleges with specialist SEN provision — often serving local authority area. Range of needs catered for; may include residential elements.

Section 41 independent specialist college

Independent specialist colleges approved by SoS for SEN. Parents/young people have right to request; LA must name unless exceptions. Examples: National Star, Beechwood, Chailey.

Supported internship

Structured 1-year programmes based at employer with job coach support. For young people aged 16-24 with EHCPs. Increasingly recognised as effective preparation for employment.

Apprenticeship

Apprenticeships count as education/training. EHCPs can continue and Section F can specify additional support delivered in/alongside apprenticeship role.

EOTAS

Education Otherwise Than At School available post-16 under section 61. Increasingly used for young people whose needs cannot be met in any college setting.

How to manage the post-16 EHCP transition

  1. 1

    Plan early — by Year 10 or earlier

    Post-16 transition planning should begin in Year 9 (the legal trigger for transition planning) but ideally earlier. Visit potential settings, talk to current EHCP users at the settings, and start building a picture of what placement and provision will work.

  2. 2

    Engage the young person in decisions

    From age 16, the young person becomes the legal decision-maker. Build their voice into reviews from earlier ages. Ask about aspirations, preferences, areas of interest, social needs. This shapes Section A (their views) and the realistic post-16 outcomes.

  3. 3

    Use the Year 11 transfer review

    The annual review in Year 11 must focus on post-16 transition. The LA must consult on placement preferences and amend the EHCP. Final amended plan must be issued by 31 March of the year of transfer.

  4. 4

    Consider the full range of post-16 options

    School sixth forms, mainstream and specialist FE colleges, section 41 independent specialist colleges, supported internships, apprenticeships, EOTAS. Each has different funding routes and admissions processes.

  5. 5

    If EHCP is being threatened with cessation, challenge it

    LAs sometimes try to cease EHCPs at 16 or post-college. Cessation is only lawful where EHCP-level provision is no longer required, not just because of age. Cessation is appealable within 2 months.

  6. 6

    Negotiate Section F for post-16 provision

    Post-16 provision typically includes: specialist study skills, exam accommodations, vocational support, supported work experience, life skills (independence, travel, finance), mental health support. Section F must specify hours, frequency and qualifications.

The young person as decision-maker from age 16

From the age of 16 (or earlier if the young person has the relevant capacity), legal decision-making about the EHCP transfers from parent to young person. This is a significant shift:

  • The young person — not parent — must consent to assessment, decisions, and placements
  • The young person can request annual reviews and amendments
  • The young person can name preferred placements in Section I
  • The young person can bring SEND Tribunal appeals in their own name
  • The LA must consult the young person directly, not via parent
  • The young person decides who attends reviews and meetings

Where the young person lacks capacity to make EHCP decisions (assessed under the Mental Capacity Act 2005), an alternative person may make decisions on their behalf — typically a parent or appointed deputy. The Code of Practice (paragraphs 8.10-8.16) sets out how to manage capacity questions.

Post-16 EHCP planning checklist

  • Year 9 annual review includes post-16 transition planning (statutory)
  • Visit potential placements (school sixth forms, FE colleges, specialist colleges) before Year 11
  • Year 11 annual review focuses on transition; final amended plan due by 31 March
  • Young person engaged in decision-making and review process
  • Section A reflects young person's aspirations for post-18 life
  • Section E outcomes are SMART for post-16 phase
  • Section F specifies post-16 provision (study skills, vocational support, life skills)
  • Section I names the post-16 placement after consultation
  • Consider supported internship and apprenticeship options

Common post-16 EHCP problems

  • LA tries to cease EHCP at 16 because young person is 'no longer at school' — wrong; FE counts as education
  • Section 41 college not named despite right to request — challenge by reference to section 39 equivalent
  • Young person not consulted directly — LA must engage with young person, not via parent
  • Year 11 transition review missed or final plan delayed — challenge against 31 March deadline
  • Supported internship not considered — request as part of transition planning
  • EHCP ceased at end of college without genuine reassessment — appealable within 2 months

Frequently asked questions

Can my child keep their EHCP after age 16?
Yes. EHCPs continue beyond compulsory school age (16) for as long as the young person remains in education or training and continues to need EHCP-level provision. Under the Children and Families Act 2014, EHCPs can continue up to age 25. Many young people retain EHCPs through college, sixth form, and supported internships.
Who makes decisions about the EHCP after age 16?
From age 16, the young person becomes the primary decision-maker for their own EHCP — not the parent. The young person can request changes, attend reviews, agree placements, and bring SEND Tribunal appeals in their own name. Parents can support, but the young person's wishes carry legal weight.
What kind of post-16 placements can be named in Section I?
Section I can name: school sixth forms, FE colleges (general or specialist SEN colleges), independent specialist colleges (ISCs) approved under section 41, training providers, and supported internships. EOTAS is also available post-16. The LA must consult the named institution before finalising.
What is a section 41 independent specialist college?
Section 41 colleges are independent institutions approved by the Secretary of State for Education for inclusion on the section 41 list. Parents and young people have a right to request a section 41 institution to be named in Section I, and the LA must comply unless statutory exceptions apply (similar to section 39 for schools).
What is a supported internship?
Supported internships are structured study programmes for young people with EHCPs aged 16-24, based primarily at an employer with a job coach. They focus on preparing for paid employment. They can be specified in Section I/F of the EHCP and are increasingly recognised as effective post-16 provision.
Can my child get an EHCP for the first time at age 16+?
Yes. Young people aged 16+ can request an EHC needs assessment in their own right. The legal threshold is the same — SEN that requires provision exceeding mainstream resources. Many EHCPs are issued for the first time at college age, often where new diagnoses emerge or college environments expose previously masked needs.
Does the EHCP cover apprenticeships?
Apprenticeships do count as education or training for EHCP purposes, and EHCPs can continue into apprenticeship roles where the young person needs ongoing support. Section F can specify provision delivered in or alongside the apprenticeship — adaptations, mentoring, additional teaching support.
What happens at the post-16 transfer review?
Year 11 annual review is the legal point at which the EHCP is reviewed for transition to post-16 provision. The LA must consult the young person on placement preferences, identify post-16 outcomes, and amend the EHCP to reflect the post-16 placement. Final amended plan must be issued by 31 March in the year of transfer.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.