Young Person
“WHAT IS THE LEGAL DEFINITION OF A YOUNG PERSON?”
For the purposes of SEN law, a young person is any person over compulsory school age but below the age of 25. Compulsory school age ends on the last Friday in the June of the academic year in which a person turns 16.
“WHAT RIGHTS DO YOUNG PEOPLE HAVE REGARDING THEIR EDUCATION?”
Once a person reaches the end of compulsory school age, they gain greater direct control over their educational provision. Specifically, as outlined in the draft SEN Code of Practice 2014, they are granted the following rights:
“DO PARENTS OR GUARDIAN'S STILL HAVE A SAY OVER A YOUNG PERSON'S EDUCATIONAL PROVISION?”
It is expected that many parents and guardians will still want to be actively involved in ensuring that a young person connected to them receives the correct educational provision. This is permitted, as long as the young person agrees to their involvement. In the cases of young people under the age of 18, the local authority will encourage the involvement of parents/guardians in all decision making processes.
“WHAT IF A YOUNG PERSON LACKS THE CAPACITY TO MAKE A DECISION?”
If a young person lacks capacity (as defined in the Mental Capacity Act 2005) then a representative, most often the parents of the young person, will take decisions on their behalf. Any representative making decisions on behalf of another must always act in the best interests of the young person, and ensure that the young person is allowed to make as many decisions for themselves as possible.
For the purposes of SEN law, a young person is any person over compulsory school age but below the age of 25. Compulsory school age ends on the last Friday in the June of the academic year in which a person turns 16.
“WHAT RIGHTS DO YOUNG PEOPLE HAVE REGARDING THEIR EDUCATION?”
Once a person reaches the end of compulsory school age, they gain greater direct control over their educational provision. Specifically, as outlined in the draft SEN Code of Practice 2014, they are granted the following rights:
- 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
“DO PARENTS OR GUARDIAN'S STILL HAVE A SAY OVER A YOUNG PERSON'S EDUCATIONAL PROVISION?”
It is expected that many parents and guardians will still want to be actively involved in ensuring that a young person connected to them receives the correct educational provision. This is permitted, as long as the young person agrees to their involvement. In the cases of young people under the age of 18, the local authority will encourage the involvement of parents/guardians in all decision making processes.
“WHAT IF A YOUNG PERSON LACKS THE CAPACITY TO MAKE A DECISION?”
If a young person lacks capacity (as defined in the Mental Capacity Act 2005) then a representative, most often the parents of the young person, will take decisions on their behalf. Any representative making decisions on behalf of another must always act in the best interests of the young person, and ensure that the young person is allowed to make as many decisions for themselves as possible.
For further information:
This information is meant to be helpful but Douglas Silas Solicitors cannot be responsible for any loss caused by reliance upon it. If you have concerns about your child, please seek professional educational/healthcare advice. Should you find anything which you believe to be inaccurate please Contact Us as soon as possible.
