EHCP up to age 25: rights, transition and adult social care | EHCP Clarity
EHCP to Age 25

EHCP up to age 25: continuing support into early adulthood

The Children and Families Act 2014 was a transformational change for SEN provision — extending EHCPs from the previous Statement age limit of 19 up to age 25. This guide explains how EHCPs work post-19, what counts as education or training for this purpose, when the LA can cease the plan, and how to plan transition to adult social care under the Care Act 2014.

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Quick answer

EHCPs can continue to age 25 where the young person remains in education or training and continues to need EHCP-level provision. Education/training includes school sixth forms, FE colleges, section 41 specialist colleges, apprenticeships, supported internships, and EOTAS — but not university. From age 16 the young person is the legal decision-maker. Adult social care under the Care Act 2014 begins at 18 and continues post-25.

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 LAs 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.

How to maximise your young person's EHCP through to age 25

  1. 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. 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. 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.

  4. 4

    Use the EHCP for as long as it adds value

    Don't let the LA cease prematurely. EHCPs add value where ongoing structured education/training plus support is needed. Cessation should only happen where EHCP-level provision is no longer required, not just because the young person is older.

  5. 5

    Plan the transition out of EHCP

    Adult social care, health, employment support and benefits transitions should be planned during the final EHCP years. Section H2 (Care Act provision) can continue post-25 if eligibility is established under the Care Act.

  6. 6

    Appeal cessation if EHCP-level need remains

    Cessation decisions are appealable within 2 months. Many succeed where the young person still needs structured education and provision exceeding what mainstream FE/training can offer.

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 LA 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 LA 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
  • Cessation decisions challenged where EHCP-level need remains
  • Pre-25 transition planning into adult services and post-EHCP support
  • Capacity questions addressed under Mental Capacity Act 2005

Common problems with post-19 EHCPs

  • LA 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

Frequently asked questions

Can EHCPs continue up to age 25?
Yes. The Children and Families Act 2014 extended EHCP provision to age 25 — provided the young person remains in education or training and continues to need EHCP-level provision. This was a major change from the previous Statement system which ended at 19. The age 25 ceiling is a maximum, not an automatic guarantee.
What does 'remains in education or training' mean?
Education and training includes: school sixth forms, FE colleges (mainstream and specialist), section 41 independent specialist colleges, apprenticeships, supported internships, traineeships, and study programmes. EOTAS also counts. It does not include unstructured day services, employment without an apprenticeship framework, or higher education at university.
What about university — does the EHCP continue?
No. EHCPs do not cover university. Higher education is supported through Disabled Students' Allowances (DSA) and the university's disability support service. The EHCP ends at the point of transition to higher education, although Section H2 social care provision can continue under the Care Act 2014.
When can the LA cease the EHCP?
The LA can cease an EHCP where the young person no longer requires the EHCP, leaves education/training, or reaches age 25. Cessation is appealable to the SEND Tribunal within 2 months. Many cessation decisions are challenged successfully where the LA has not properly considered ongoing need.
What happens at age 25 — what replaces the EHCP?
At 25, EHCP duties end. Adult social care obligations under the Care Act 2014 continue where the young person is eligible — typically requiring a Care Act assessment and care and support plan. NHS continuing healthcare and other adult provision routes apply. Transition planning should begin years in advance.
What is Preparing for Adulthood (PfA)?
Preparing for Adulthood is the framework set out in the SEND Code of Practice (Chapter 8) for transition planning from age 14. It covers four outcome areas: employment, independent living, community inclusion, and good health. Each annual review from Year 9 onward should reference PfA outcomes.
Can my young adult get an EHCP for the first time at 19+?
Yes, in principle. Young people aged up to 25 can request an EHC needs assessment if they have SEN requiring EHCP-level provision. In practice, requests for first EHCPs at 19+ are less common but legitimate — particularly where late-emerging needs become apparent in college or training settings.
Who decides — the young person or me?
From age 16, the young person is the legal decision-maker. Where they lack capacity (assessed under the Mental Capacity Act 2005), parents or appointed deputies may decide on their behalf. Capacity is decision-specific — a young person may have capacity for some EHCP decisions and not others.

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.