EHC plans post-16: further education colleges and apprenticeships

Education, health and care (EHC) plans follow many learners into college, and a growing number are first issued while a young person is already in post-16 education. For inclusion teams, the plan is both a legal entitlement for the learner and a set of commitments the college is expected to deliver and evidence. This guide explains how EHC plans work in further education, what the college’s role is at each stage, and where the common problems lie.

It explains duties and good practice, not legal advice. For disputes, the young person can get free impartial advice from their local SEND information, advice and support service.

What is a post-16 EHC plan and who can have one in college?

An EHC plan is a legal document, maintained by a local authority under Part 3 of the Children and Families Act 2014, that describes a child or young person’s special educational needs, the outcomes they are working towards, and the provision they must receive. Plans can be maintained up to age 25 for young people who remain in education or training and still need special educational provision. See the EHCP glossary entry.

Regulation 12 of the SEND Regulations 2014 sets out the sections every plan must contain:

From year 9 onward, the plan must include provision to help the young person prepare for adulthood and independent living (regulation 12(3)). See preparing for adulthood outcomes.

How does a college get named in an EHC plan?

The young person, or their parent if they are under 16, can ask for a particular post-16 institution to be named. Under section 39, the local authority must consult the institution and must name it unless:

• it is unsuitable for the young person’s age, ability, aptitude or special educational needs, or
• attendance would be incompatible with the efficient education of others or the efficient use of resources.

When a local authority consults you, respond promptly and specifically. A good consultation response:

1. Confirms which course or programme could meet the outcomes in section E.
2. Says which section F provision the college can deliver from its own resources, which needs top-up funding, and which needs external specialists.
3. Identifies anything the college cannot provide, with reasons.
4. Proposes transition arrangements, such as taster days or a phased start.

Once named, the college must admit the young person (section 43). The duty to admit does not remove ordinary powers to exclude.

Who is responsible for delivering the provision in section F?

The local authority must secure the special educational provision in the plan (section 42). The health commissioner must arrange the health care provision. In practice, the college delivers most of the education provision, and the cost above the college’s core and place funding is met by top-up funding from the local authority.

This creates three practical risks for colleges:

• Vague provision. “Access to small group support” cannot be delivered or evidenced reliably. Ask the local authority to specify and quantify provision, and raise it at the first review if the plan is unclear.
• Unfunded provision. Agree top-up funding before the start date and keep it under review as needs change. See high needs funding in FE.
• Unevidenced delivery. If the young person or family later says provision was not delivered, you need records. See recording support delivery evidence.

Separately, the college’s own duty to use best endeavours for every student with SEN, and its Equality Act duty to make reasonable adjustments, still apply.

How should a further education college turn an EHC plan into day-to-day support?

Translate the plan into a working support plan that staff can use, without losing the link back to the legal document.

1. Meet the learner before or at the start of term. Ask what they want from the course and what helps. Section A is a starting point, not a substitute for the conversation. See learner voice in further education.
2. Map each section F item to a named action. Who delivers it, how often, from when.
3. Separate statutory provision from good practice. Staff should know which commitments are legal requirements.
4. Share on a need-to-know basis. Tutors need the strategies, not the full plan with health and social care history.
5. Track delivery weekly. Record missed provision and how it was made up.
6. Collect evidence towards outcomes throughout the year so the annual review has something to work from.

Fictional example: Tom, 18, has an EHC plan naming a general FE college for a level 1 catering programme. Section F includes “weekly 45-minute speech and language therapy session” and “a trained learning support assistant in practical kitchen sessions”. The college maps each to a named person, logs each session, and notices by week five that four therapy sessions were cancelled because of therapist sickness. It records the missed sessions, tells the local authority and agrees catch-up sessions. When the annual review comes, the delivery record shows what happened and why.

How is EHC plan provision funded in a college?

For students in FE colleges, sixth form colleges and other post-16 providers, high needs funding has three elements set out in the DfE high needs funding operational guide:

• Element 1: core funding allocated by DfE through the 16 to 19 funding formula, which also covers students aged 19 to 25 with EHC plans.
• Element 2: £6,000 per high needs place.
• Element 3: top-up funding paid by the commissioning local authority for costs above that.

Not every student with an EHC plan is a high needs student, and not every high needs student has an EHC plan. The full picture is in high needs funding in FE.

Can a young person get an EHC plan while at college?

Yes. The young person, their parent (if under 16) or the college can request an EHC needs assessment under section 36. The local authority must carry out an assessment if the young person has or may have SEN and it may be necessary for provision to be made through a plan. It must decide whether to assess within six weeks, and the whole process, to a final plan, should normally take no more than 20 weeks.

Before requesting, a college should be able to show what SEN support it has provided, for how long, and what difference it made. A clear record of assess, plan, do, review cycles is the strongest evidence. See the SEND Code of Practice for post-16.

What happens to an EHC plan for 19 to 25-year-olds?

There is no automatic right to keep a plan until 25. Under section 45, the local authority can cease a plan if it is no longer necessary, and for a young person over 18 it must consider whether the education or training outcomes in the plan have been achieved. A plan cannot be ceased until the appeal period has ended, or any appeal has been decided.

Points colleges should know:

• Colleges must not charge tuition fees to 19 to 25-year-olds with EHC plans, according to the SEND Code of Practice.
• Outcomes for learners aged 19 and over should be clearly linked to preparing for adulthood, so progress can be judged.
• If a young person over 18 leaves education, the local authority must review the plan before ceasing it, to check whether they want to return (regulation 30).
• A plan normally ends when a young person moves into higher education.

Can a young person keep their EHC plan during an apprenticeship?

Yes. An apprenticeship is education and training, so a plan can stay in place. The apprenticeship funding rules for 2026 to 2027 provide an additional £1,000 each to the employer and the provider for apprentices aged 19 to 24 who have an EHC plan or have been in local authority care. Learning support funding for reasonable adjustments is separate. See learning support funding for apprenticeships and reasonable adjustments for apprentices.

What if the young person disagrees with their plan?

From the end of compulsory school age, the young person has the right to appeal to the First-tier Tribunal (SEND) about the contents of a plan, the named institution, a refusal to assess or issue a plan, or a decision to cease it. Mediation must normally be considered first, except for appeals only about the placement. See SEND tribunal. Colleges are not parties to these appeals, but may be asked for evidence. Keeping factual, dated records helps everyone.

How is the plan reviewed?

The local authority must review the plan at least every 12 months. For post-16 learners, the college usually hosts the meeting and provides the evidence. See EHCP annual reviews post-16.

How does Inclusion Studio support EHC plan delivery?

Inclusion Studio is learner support software in development for England FE colleges and apprenticeship providers. It is at pre-pilot stage with a clickable prototype using fictional learners, and it does not replace the local authority’s EHC plan. It is designed to help a college turn agreed provision into a support plan staff can act on, track delivered and missed support and how it is recovered, and produce a controlled evidence export for reviews. The provider remains responsible for its duties. See SEND and ALS support for how a college can track section F provision, and the SEND and specialist post-16 institution glossary entries for key terms.