Explain

Higher education, paid work or an apprenticeship

A plan can end only if it is no longer needed or the council is no longer responsible. The Code gives examples, with conditions: leaving education at 16 or over for paid work (including employment with training, but not an apprenticeship), or entering higher education, such as university. At 18 or over, a review must come first. For someone under 18 who leaves education or training, the plan must not end unless the council decides it is no longer needed. The council must then review the plan, and amend it where appropriate, so they continue to receive education or training.

A young person aged 18 or over may leave education or training. The council cannot then cease the plan without first reviewing it, to find out whether they want to return and whether that would be appropriate. Taking up an apprenticeship is not one of the Code's examples. A plan can last until the end of the academic year in which the young person turns 25. For an apprentice, that year ends when their apprenticeship training finishes, or the day before they turn 26 if earlier. A decision to cease a plan can be appealed to the SEND Tribunal. A plan cannot name a university, because universities are not post-16 institutions under the Act. If a young person going on to higher education asks, the council must share their plan with the university or college where their place is confirmed, and for their Disabled Students' Allowance application.

Type of rule

Law (Act or Regulations)

Rule id

university_or_work

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 45(1)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.201Official guidance
• SEND Code of Practice 2015, para 9.203Code of Practice: must (restates the law)
• SEND Regulations 2014, reg 30(1)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.202Code of Practice: must (restates the law)
• SEND Regulations 2014, reg 29(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 29(1)Law (Act or Regulations), to verifyStill open: on its words reg 29(1) covers every decision to cease a plan for someone under 18, but it can also be read as limiting only the CFA s 45(1)(b) ground (the plan is no longer necessary), leaving the s 45(1)(a) ground (the council is no longer responsible), under which the Code places its paid work and higher education examples (para 9.201). Para 9.202 restates the words of reg 29(1) (so it is cited as must), and para 9.201 makes the examples subject to it. The entry gives the under-18 condition as the Code's (para 9.202), not as the Regulation's. Still to confirm which ground reg 29(1) limits.
• Children and Families Act 2014, s 51(2)(f)Law (Act or Regulations)
• Children and Families Act 2014, s 46Law (Act or Regulations)
• SEND Regulations 2014, reg 46Law (Act or Regulations)
• Children and Families Act 2014, s 83(2)Law (Act or Regulations), to verifyRead on legislation.gov.uk (revised, no outstanding effects): as amended, s 83(2) excludes from "post-16 institution" an institution within the higher education sector that is solely or principally concerned with providing higher education, not every institution in that sector. The amending provision (F1) could not be read and is still to be confirmed.
• SEND Regulations 2014, reg 47Law (Act or Regulations)

Related

• Plans for young people aged 19 to 25
• Ceasing (ending) a plan
• Who can see an EHC plan (disclosure of plans)
• Young person (and when the rights move to them)
• Decisions that can be appealed to the SEND Tribunal

In an assistant, the ehcp_next_steps tool helps with this: EHCP next steps.

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