EHCP for a 22 year old?

[pannetone]

Having spent too much of the past 3 years getting my LA to assess and then give DS3 and DD Statements, arguing for a total of 3 different placements between them, and navigating a transfer to EHCP for DD, you can imagine my delight when today I am told DS2 will need an EHCP to access a training programme.

Background - DS2 was diagnosed with ASD at 14. He didn't have a Statement at school. His school spectacularly failed him in the sixth form leading to us 'winning' a disability discrimination case against them. After an extra year of sixth form (school refused to have him on roll - he was a 'visitor' ) he got the grades for his chosen course at uni. He had 2 'goes' at doing the first year of his course but didn't manage to keep up so withdrew summer 2015.

I have now found an autism charity that supports young people getting work experience, gaining employability skills and finding jobs. DS has been accepted onto the programme and today I was told (in an email) he will need an EHCP so the charity can get LA funding for him.

I can't get my head around the basis on which I can request an EHCP - the argument for DS3 and DD that their schools couldn't meet their SEN and they weren't making progress, doesn't apply. It seems more basic than that for DS2 - if he doesn't have/get an EHCP there isn't funding for him to do this programme.

I will obviously contact the charity about this but I wondered if any Mumsnetters had experience. The charity's website says that it is recognised by the DfE as a 'post-16 Special provider' - but that doesn't mean anything to me.

[SouthWestmom]

Hi

Your son can apply for an EHCP up until his 25th birthday and there is a 'test' for over 18s about do they need extra time for study. Please read some information on www.ipsea.org.uk and then help him to apply. It is the best way to identify what he needs and to access funding. NB EHCP would cease if your son attended university.

[lougle]

I would think that this para of the SEND code is the most relevant:

"9.15 A young person who was well supported through the Local Offer while at school may move to a further education (FE) college where the same range or level of support is not available. An EHC plan may then be needed to ensure that support is provided and co-ordinated effectively in the new environment. It may also be the case that young people acquire SEN through illness or accident, or have an existing condition that requires increasing support as they get older."

You can make the application or your DS can in his own name. All you would need to say is that he has an educational opportunity that is necessary due to his ASD, that he cannot access without an EHCP.

[SouthWestmom]

The young person has to make the application unless he lacks capacity.
This is relevant from the SEND code 2015:
. New requests for EHC needs assessments for 19- to 25-year-olds 

. 9.155  Young people who do not already have an EHC plan continue to have the right to request an assessment of their SEN at any point prior to their 25th birthday (unless an assessment has been carried out in the previous six months). 

. 9.156  Where such a request is made, or the young person is otherwise brought to the attention of the local authority as being someone who may have SEN, the local authority must follow the guidance earlier in this chapter for carrying out EHC needs assessments. In addition, when making decisions about whether a plan needs to be made for a 19- to 25-year-old, local authorities must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have SEN, to complete his or her education or training. 


[pannetone]

Thank you noeuf and lougle that is very helpful - particularly the part about the LA must consider if DS needs extra time to complete his education/training.

Does the application have to be made as though DS is making it himself or can I do it in my name on his behalf? He doesn't 'lack capacity' in terms of intellectual impairment, but is not good at dealing with paperwork, phone calls, emails and gets anxious.

[SouthWestmom]

Technically it has to be made by him. If he lacked capacity you could do this but would need to be prepared to provide evidence of lack of capacity to make that decision/prepare for the LA to ask. I would ring the lA and ask what will do - can he write and say he wants you to help/will they speak over the phone etc. He is allowed support , it's just not laid out what that has to look like.

[lougle]

The Code doesn't specify that, that I can see. It says that parents, the young person or someone acting on behalf of the educating institution can refer for an EHCP.

In any case, people can nominate others to act on their behalf in all sorts of situations. My father hates dealing with utility companies (anxieties) so I am on record as his authorised agent. Rich people rarely deal with their own affairs.

You could simply write a joint covering letter from you both which requests an assessment, sets out the reason why he needs it and states that he'd like you to deal with all official documents as far as possible. He signs it, you sign it, job done.

[SouthWestmom]

• the right to request an assessment for an EHC plan (which they can do at any time up to their 25th birthday) 

• the right to make representations about the content of their EHC plan 

• the right to request that a particular institution is named in their EHC plan 

• the right to request a Personal Budget for elements of an EHC plan 

• the right to appeal to the First-tier Tribunal (SEN and Disability) about decisions concerning their EHC plan 

8.14 specifies the decisions that transfer at the end of compulsory school age. Each LA treats this differently.

[pannetone]

Thanks again. I will go for the joint request for him to be assessed, with DS stating he will need me to deal with communication and correspondence.

Yep zzzzz DS is quite happy to consider me as his secretary!

[SouthWestmom]

I think you just need to be aware that the application, strictly speaking, should come from him and therefore not be surprised if the LA stick an extra hoop in.