Explain
Young person (and when the rights move to them)
In the Act, a young person is someone over compulsory school age and under 25. Compulsory school age ends on the last Friday in June of the school year in which they turn 16. From then on, the rights in the Act belong to the young person, not the parent. These include the rights to ask for an assessment, to comment on a plan, and to appeal. A parent can still help or represent them if the young person wants. If a young person lacks capacity for a decision, another person can act with them or for them.
The Code of Practice says councils and others should normally deal directly with the young person rather than the parent. Plenda asks who holds the rights when the year group does not make it clear.
- Type of rule
- Law (Act or Regulations)
- Rule id
young_person- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 83(2)Law (Act or Regulations)
- Education Act 1996, s 8(3) and (4)Law (Act or Regulations)
- Education (School Leaving Date) Order 1997, art 2Law (Act or Regulations), to verifyArt 2 was read in a secondary source, not on legislation.gov.uk, which could not be opened on 1 October 2026: the school leaving date "shall be the last Friday in June". Still to confirm the text on legislation.gov.uk.
- Children and Families Act 2014, s 80Law (Act or Regulations)
- SEND Code of Practice 2015, para 1.8Code of Practice: should (follow unless there is a good reason not to)
Related
- Mental capacity and representatives
- Who counts as a parent, and corporate parents
- Plans for young people aged 19 to 25
- Views, wishes and feelings (Children and Families Act 2014, section 19)
If you think this rule is wrong or out of date, please tell us. A person reads every report.