Legal rights for EHCP : Hi - my son has severe... - Mencap


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Legal rights for EHCP

Crossley4 profile image

Hi - my son has severe learning difficulties. SENART say they can’t review his EHCP because he’s now turned 16. He doesn’t have capacity to make difficult decisions re his education

What’s my legal rights pls

12 Replies

Speak to the Mencap helpline for information and advice, so sorry I don’t know the answer do you have a social worker or could school advise you more as well.

Crossley4 profile image
Crossley4 in reply to Jofisher

School are rubbish but yes, we have a social worker

Jofisher profile image
Jofisher in reply to Crossley4

Could you get him an Advocate that you can work with as well just a thought.

Crossley4 profile image
Crossley4 in reply to Jofisher

Me?? Do you mean another professional? He’s been failed for years by the system sadly

Jofisher profile image
Jofisher in reply to Crossley4

I know I’m my sons advocate to but sometimes it’s nice to have the extra support sometimes it was only a thought. I’m sorry to hear that but I know this isn’t unusual or rare. I paid for a consultant social worker as my sons funded by continuing healthcare so you don’t get. Social worker they commission the service and walk away really aPart from a Yearly review. So he was in an awful home and I battled for a while on my own but the problems were getting bigger and bigger so in the end I paid for this consultant social worker and then things really started to happen it was the best money I ever spent and helped me as I was drowning in all the issues. That’s just my experience and I got him moved to a lovely home now. Thank goodness I hope you get things sorted

Crossley4 profile image
Crossley4 in reply to Jofisher

Thank you. Appreciate

EHCPs can continue up to age 25 if still in education and the local authority have a legal duty to maintain them. Do you have a Parent Carer Forum in your area, they will be able to help. Try Looking at your local authority local offer. They should have a section in their website with it. I think the school website should have a link to the local offer too. My sons EHCP was maintained and updated until he was 23 and left education a couple of years ago.

Crossley4 profile image
Crossley4 in reply to class9F

Thank you. It’s continuing but it’s not meeting needs so I called fir a review, they said my son has to put this in writing himself due to his age. But he’s cognitively functioning at a much lower age and he believes he doesn’t need any help, he doesn’t need meds or any education. Yet he’s attempted taking overdose and cannot control or regulate own emotions so when overwhelmed can go for knives. Yet the LA won’t listen when I say it’s not fair on the education setting not to be fully informed

You need to speak to your social worker. As far as I know they can all have a meeting with you and see what needs he can be assessed for. As for the excuse he is 16 that’s not right, 16 is the transition to adulthood, but your still he’s primary carer and it’s shouldn’t affect he’s EHCP as he is entitled to education till age 25 and he will be legally an adult at 18 so that’s not accurate what they told you,If something changes then they have a duty to review he’s education plan.

Sarah_Mencap profile image

Hello Crossley4

I am sorry that you are not getting the support you need with this.

There is a little about it on here -

But I think it would be a good idea if you could contact our helpline using this online form -

The helpline isn't open tomorrow, but will be open on Thursday from 10am. If you fill in the form (it won't take long) then they will get back in touch.

Best wishes


Hello my son too has Severe learning difficulties he's an adult now so no longer in the educational system, so l'm not upto date, something you may want to think about is to register with his GP practice as officialy being able to 'act /speaking upon his behalf. I also have lasting power of attorney re financial issues, with a family member ie my daughter to act as second power of attorney when l'm no longer able to be the administrator. For anyone considering power of attorney ensure you have the 2nd P of A that doesn't end when the person with the 1st power becomes incapable of being the administrator. Good luck

Mine is 21 this year and has just had her ehcp so do not know why they say 16 she has moderate LD adhd pdd

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