What Happens to Your Child’s EHCP at 18 and at 25

💡 1. The quick answer

Many parents worry that their child’s EHCP will stop at 18. It does not.

But some things do change. The biggest change is about who makes decisions. After your child finishes compulsory school age (end of Year 11, usually age 16), the legal rights over the EHCP move from you to your child.

This guide walks you through everything that happens, step by step.

📅 2. What changes at 16 — the first big shift

The first major change does not happen at 18. It happens at the end of compulsory school age — that is, the end of the academic year in which your child turns 16 (end of Year 11).

What rights move to the young person?

After compulsory school age, your child has the legal right to:

• Ask for an EHC needs assessment (at any time up to age 25)
• Say what they want in their EHCP (make representations about content)
• Ask for a specific school or college to be named in the plan
• Ask for a Personal Budget for parts of their EHCP
• Appeal to the SEND Tribunal about decisions on their plan

Source: Children and Families Act 2014, Sections 36 and 44; SEND Code of Practice, paragraph 8.14.

Can you still be involved?

Yes — but only if your child is happy for you to be involved. In practice, most families continue to work together. Your child can ask you to:

• Receive letters on their behalf
• Fill in forms for them
• Go to meetings with them or for them
• Make phone calls
• Help them make decisions

The key point is: the final decision is theirs, not yours.

Source: SEND Code of Practice, paragraphs 8.15–8.17.

🎂 3. What changes at 18

At 18, your child is legally an adult. Here is what changes and what stays the same:

The EHCP does NOT end at 18

The local authority must continue to maintain the EHCP as long as your child still needs the special educational provision set out in the plan. This is true whether your child is 18, 19, 22, or 24.

Free education continues

Young people aged 19 to 25 with EHCPs get free further education — the same as 16-to-18 year olds. Colleges must not charge tuition fees. Apprentices aged 19–25 with EHCPs are also fully funded.

Source: SEND Code of Practice, paragraphs 8.51–8.52.

Care and health services change

When your child turns 18, support moves from children’s services to adult services:

• Social care: The Care Act 2014 replaces the Children Act 1989. Your child gets a Care Act assessment. If they qualify, they get an adult care and support plan. This plan becomes the “care” part of the EHCP.
• Health: Your child moves from children’s (paediatric) health services to adult health services. This should be planned in advance.

Source: SEND Code of Practice, paragraphs 8.57, 8.65–8.69.

📌 4. Preparing for Adulthood — what you should know

The law says planning for adult life must start early — not when your child is about to turn 18, but from Year 9 (age 13–14).

The 4 outcomes

From Year 9, every annual review of the EHCP must focus on four areas, called the Preparing for Adulthood (PfA) outcomes:

1. Employment — what kind of work or training could your child do? (Paid work, apprenticeships, supported internships, volunteering)
2. Independent living — where will they live? What choices do they want? (This does not mean living alone — it means having choice and control)
3. Community — friends, relationships, social activities, being part of the community
4. Health — managing their own health, moving from children’s to adult health services

Source: SEND Code of Practice, Chapter 8, paragraphs 8.8–8.11.

What the council must do at each stage

Source: Care Act 2014, Sections 58–61; SEND Code of Practice, paragraphs 8.57–8.69.

Post-16 and post-19 education options

With an EHCP, your child can access:

• School sixth form
• Sixth form college or FE college (BTECs, vocational courses, life skills)
• Specialist college (if named on the EHCP, the council must fund it)
• Supported internship — a structured work placement with a job coach, mostly based at an employer, lasting at least 6 months. Only for people with an EHCP aged 16–24
• Apprenticeship (with additional support)
• Traineeship

Source: GOV.UK, “Supported Internships”; GOV.UK, “SEND: 19- to 25-year-olds’ entitlement to EHC plans”.

🧠 5. If your child lacks mental capacity

Some young people with learning disabilities, autism, or brain injuries may not be able to make decisions about their EHCP by themselves. The law has special rules for this.

The presumption of capacity

The Mental Capacity Act 2005 says you must always assume a person has capacity unless it is formally proved otherwise. This means:

• The local authority cannot just assume your child lacks capacity because they have a learning disability
• Capacity must be assessed for each specific decision — your child might be able to decide some things but not others
• You must try all possible ways to help your child make the decision themselves first (Easy Read documents, pictures, longer meetings, advocates)
• Making an “unwise” decision does not mean someone lacks capacity

Source: Mental Capacity Act 2005, Section 1; SEND Code of Practice, paragraph 8.19.

If your child does lack capacity

If a formal assessment shows your child lacks capacity for a specific EHCP decision, then Section 80 of the Children and Families Act 2014 applies:

• The EHCP rights that would normally belong to the young person go back to the parent by default
• This only applies to EHCP decisions — not to all decisions in your child’s life
• A representative can also be appointed to exercise these rights (this could be you, or someone else)

Source: Children and Families Act 2014, Section 80; SEND Regulations 2014, Regulation 64.

Your child’s rights still matter

Even if your child lacks capacity, the law says:

• Their wishes and feelings must still be listened to and considered
• Any decision made for them must be in their best interests
• The decision must be the least restrictive option
• They still have the right to an independent advocate

Source: Mental Capacity Act 2005, Section 4; Children and Families Act 2014, Section 67.

⚠ 6. When the EHCP can end

The local authority can decide to stop maintaining (end) the EHCP. But there are strict legal rules about when and how they can do this.

The legal test

Under Section 45 of the Children and Families Act 2014, the council can only end an EHCP if:

1. They are no longer responsible for the young person (for example, the young person moved to a different council area), OR
2. The plan is no longer necessary — the young person no longer needs the special educational provision in it

For young people aged 18 and over, there is an extra rule: the council must look at whether the educational or training outcomes in the plan have been achieved.

Source: Children and Families Act 2014, Section 45(1)–(3).

Common situations where the council may try to end the plan

Source: SEND Code of Practice, paragraphs 9.200–9.203; SEND Regulations 2014, Regulations 29–30.

The process the council must follow

Before ending an EHCP, the local authority must:

1. Tell the young person (or parent, if under 18) that they are thinking about ending the plan
2. Consult with the young person
3. Consult with the head of the school or college named in the plan
4. If they decide to end it, send a written notice that tells the young person:
   • Their right to appeal to the SEND Tribunal
   • The time limits for an appeal
   • How to access mediation
   • Where to get free advice (SENDIASS)

Source: SEND Code of Practice, paragraphs 9.205–9.206; SEND Regulations 2014, Regulations 31–32.

🎯 7. What happens at 25

Age 25 is the absolute upper limit for an EHCP. But it is not as simple as “it ends on your 25th birthday”.

The rules

• An EHCP does not automatically end on the 25th birthday
• The council must still make a positive decision to end the plan — it does not just disappear
• If the young person is still in education when they turn 25, the EHCP can continue until the end of that academic year
• There is no right to keep an EHCP past 25 (or past the end of the academic year in which they turn 25)

Source: Children and Families Act 2014, Section 46.

The final annual review

The last annual review before the EHCP ends is very important. It should plan:

• What adult care and support will continue (under the Care Act 2014)
• What health services will continue
• What happens with employment, housing, and daily life
• A clear exit plan so there is no cliff edge

Source: SEND Code of Practice, paragraphs 9.183–9.185.

🏠 8. What support continues after the EHCP ends

When the EHCP ends, your child does not lose all support. Several types of help continue:

Adult social care

If your child qualifies under the Care Act 2014, they get an adult care and support plan. This covers things like personal care, supported living, and day services. This plan stays in place when the EHCP ends.

Source: SEND Code of Practice, paragraph 9.210.

Health services

NHS services do not require an EHCP. Your child’s GP, specialist consultants, mental health services, and therapy continue based on clinical need.

Disability benefits

PIP (Personal Independence Payment) is completely separate from the EHCP. It continues regardless of whether the EHCP ends. See our DLA to PIP guide for more details.

Employment support

Access to Work is a government scheme that pays for practical support in the workplace (such as a job coach, equipment, or transport). This does not require an EHCP. Apply at gov.uk/access-to-work.

⚖ 9. If they try to end it early — your right to appeal

If the local authority decides to end your child’s EHCP and you (or your child) disagree, you can fight it.

Who can appeal?

• If your child is under 18: you (the parent) can appeal
• If your child is 18 or over: only your child can appeal — but you can help them, and they can ask you to act on their behalf
• If your child lacks mental capacity: you can appeal as their representative under Section 80 of the Children and Families Act

Source: Children and Families Act 2014, Section 51.

The step-by-step appeal process

Source: Children and Families Act 2014, Sections 51–55; SEND Code of Practice, Chapter 11.

✅ 10. Your action checklist

Use this checklist to make sure you do not miss anything important.

From Year 9 (age 13–14)

• Make sure every annual review focuses on Preparing for Adulthood (the 4 outcomes)
• Start talking to your child about what they want for the future
• Ask about vocational profiling and careers advice

Year 11 (age 15–16)

• Visit post-16 colleges and settings (open days are September–December)
• Submit post-16 applications before January
• Make sure the EHCP is reviewed and amended for the post-16 transfer by 31 March
• Understand that EHCP rights will transfer to your child at end of Year 11

Age 16–17

• If your child may lack mental capacity, start thinking about LPA or deputyship
• Talk to your child about how they want you involved going forward
• Check that annual reviews are still happening and are PfA-focused

Age 17–17½

• Request a Care Act transition assessment from adult social care (do not wait for them to offer)
• Ask about transition from children’s to adult health services
• Discuss housing and independent living options

Age 18

• Check that adult social care is in place — if not, children’s services must continue
• Confirm the EHCP is still being maintained
• Make sure the adult care and support plan is part of the EHCP

Age 19–25

• Attend every annual review — this is where cessation decisions are made
• If the council talks about ending the plan, ask: “Have the outcomes been achieved?”
• If they say they are ending the plan and you disagree, appeal
• Plan for what happens after the EHCP ends (Care Act support, employment, housing)

💬 11. Where to get free help

You do not have to do this alone. These organisations give free help to families:

📚 12. Sources and references

Every fact in this guide comes from UK law, official government guidance, or established advice organisations. Here is where we got our information:

Last checked: April 2026 • Written with care by the SenHaven team