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Statement - coming up 19 when exactly do they cease

(12 Posts)
mum2anxious Fri 12-Feb-16 13:23:21

Does anyone know when a statement actually legally stops - is it the day they reach 19 or the end of that school term/year?
I know about transferring to ehcp but ideally need to know about the statement as we are in between. I can't seem to find legislation that pinpoints this.

DigestiveBiscuit Fri 12-Feb-16 16:01:12

I believe its the end of the academic year, that they are 19. The LA agreed to fund DD for a Y14 at school, due to having been out of school for months before that. They did not say she had to leave school, the day she was 19! Anyway, "normal children" can stay on for a 3rd year in the 6th form, so it would be disability discrimination if disabled young people couldn't, and as they often develop more slowly, they need more time in education to reach their potential!

There was a case about a young person, who could stay on beyond 19 with a statement, but I can't remember its name now - because EHC plans go up to 25 anyway, so there is no need for me to remember it!

AttilaTheMeerkat Fri 12-Feb-16 16:09:06

The LEA in their "infinite wisdom" ceased the statement at the end of Y11.

GruntledOne Fri 12-Feb-16 16:40:26

The LA should look automatically at changing him over to an EHCP anyway unless he is going to leave education.

AttilaTheMeerkat Sun 14-Feb-16 11:53:36

DS will be in education for another year.

In my case DS's transfer from his statement (of many years standing) to the EHCP was denied (I would think purely and simply on cost grounds). The LEA ceased his statement at the start of September.

Ineedmorepatience Sun 14-Feb-16 12:12:35

If he still needs the provision in the statement then it should be transferred to an EHCP! He should be reassessed unless you have recent assessments!

These people can help you

GruntledOne Sun 14-Feb-16 12:27:51

Did you appeal, Attila?

NoHaudinMaWheest Sun 14-Feb-16 20:41:12

Ds 19 is in yr 13. He had to repeat yr 12 due to missing a lot of school and then being in hospital during the AS exams. He has had a statement since yr 5. He has just had his AR and the statement will be maintained until the end of the academic year.
He is planning to go to university where the EHCP doesn't apply so he will not be transferred to an EHCP. If university doesn't work out (which is a possiblity) I can then apply for an EHCP but it will be a new application. Frankly I don't hold out much hope of getting one so I hope I don't have to.

Attila ceasing at the end of yr 11 is just awful. Did you appeal?

AttilaTheMeerkat Mon 15-Feb-16 09:09:06

The writing was on the wall for his statement to cease before it actually happened.

After much thought I did not appeal. DS was also happy not to have a statement any longer either (at the time he was granted one he was practically the only child in the school who did have one!). I've personally had my fill of it - too many years of ARs, meetings about meetings and fighting mainly on my own even though DH has been supportive throughout (he did not want me to appeal either).

On a wider level I have been up against this LEA before and they are well known for being arsehats. They were also more than happy to put us through a tribunal situation before now and I really did not want to go through all that again.

Fortunately it has worked out for us and DS is doing well at college. He has a similar level of support to before particularly in terms of access arrangements for exams.

NoHaudin - my best wishes to you and your son. I did not know that an EHCP did not apply at uni. What access arrangements would they be able and prepared to give him?.

NoHaudinMaWheest Mon 15-Feb-16 16:16:42

Support at university mainly comes through applying for Disabled Students Allowance. There is an assessment and money may be given directly to the student for e.g. equipment or transport or it may go to the university who employ mentors or note takers etc. The assessment will also outline any exam arrangements or essay extensions needed.
However it doesn't cover daily living needs. If a student has these they have to try to get their LA social services to fund them.
(And we know how that is likely to go....)

mum2anxious Tue 16-Feb-16 17:40:08

Thank you to everyone for replies - ? i don't seem to receive them in my inbox even though I watch. I still cannot find the information though in the COP - it does not specify - whereas the CAFA 2014 does state that when a YP reaches 25 ,it is the end of the academic year. Am in a tricky situation whereby there is work needing done with the draft ehcp,( though the school has been named in it) but in order to expedite my sons return to school it would be easier to have it named in the statement which was all agreed and is the currently legal document. However if the ehc hasn't been finalised by time (?day) he is 19 we will be left with the only legal re-course being JR.

GruntledOne Tue 16-Feb-16 18:54:50

I think they have to complete the EHCP by 31 March

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