There are many routes through education and they don't all look the same
Life after compulsory school age (5-16 years) can be a daunting time for young people with Special Educational Needs and Disabilities ("SEND"), but it doesn't have to be. The law now requires young people in England to remain in education or training until they are 18. In addition to A'Levels at a school or sixth Form College, there are a wide range of educational pathways available, including apprenticeships, with courses and assessments that can be tailored to match a young person's interests and abilities. For students with an Education, Health and Care Plan ("EHC Plan"), it pays to think ahead about post-16 options to ensure that the phase transfer (the transition from one stage of education to another) happens as smoothly as possible.
One option is for a young person to move into the sixth form of their current mainstream or special school if one is available, and this can work well; in particular by providing a degree of familiarity and continuity. Alternatively, a place can be sought at an alternative school or college, including a move from a mainstream to specialist or vice versa. It is important to be sure that the setting chosen is able to deliver the course(s) a young person wants to study including any qualifications that they might want to gain. That said, it is not necessary for a young person to be capable of obtaining qualifications for them to be entitled to continue in education beyond 16 (and indeed 18).
For those with an EHC Plan the deadline for the local authority to issue a Final EHC Plan following an Annual Review meeting which names a Post-16 placement is 31st March. For children who do not have an EHC Plan, the ordinary admissions process will apply. Colleges should not refuse to admit a young person with SEND, even if they don't have an EHC Plan. If your young person does have an EHC Plan and they are unhappy with the placement named by the local authority they can appeal that placement to the SEND Tribunal. It is important to remember that once a child turns 16 the right of appeal passes to them in law; although parents/carers can remain involved.
You should also bear in mind thatt the law around entitlement to transport changes for students aged 16-18; including for those with EHC Plans. Rather than having a duty to make suitable transport arrangements to the placement named in the EHC Plan, the local authority has a (lesser) duty to have a transport policy statement and apply it fairly. You can find out more about the law on transport for Post-16 learners in this blog.
SEND Advocacy can provide advice and support to help you secure the right educational setting for your child or young person. If you need someone in your corner to help you secure the education your child or young person deserves, contact us today.
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