You have the right to make your own decisions about your EHCP and your future.
The Children and Families Act 2014 & it's partner the SEN Code of Practice.
The legal breakdown of your rights over your Education, Health, and Care Plan (EHCP) when it transitions from your parents to you at the age of 16.
When you turn 16 in England, you officially move from being a child to a young person, the Children and Families Act 2014 (and its partner the SEND Code of Practice), sets out a clear legal framework that shifts the decision-making power from your parents directly to you.
From this moment on, your voice becomes the primary one the local authority must listen to regarding your Education, Health, and Care (EHC) plan. This transition grants you specific legal rights, including the right to request your own assessments, choose your college, and access independent advocacy, ensuring that your journey into adulthood is shaped by your own ambitions rather than just the systems around you.
The SEN Code of Practice:
provides statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations and applies to England. It relates to children and young people with special educational needs (SEN) and disabled children and young people. A ‘young person’ in this context is a person over compulsory school age and under 25.
What is the difference between the Children and Families Act 2014 and the SEN Code of Practice?
If your rights were a car, the Children and Families Act is the vehicle, and the SEND Code of Practice is the highway code.
The Children and Families Act (2014) was passed by Parliament and is the legal rules, it creates your legal rights and if a school or local authority doesn't comply with what it says, they are breaking the law.
The SEND Code of Practice explains how the Act should be carried out day-to-day.
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You are now the person the local authority must talk to, and you have key rights, these are:
You have the right to make decisions about your own EHCP. The LA now has a legal duty to ‘have regard’ to your views, wishes, and feelings, they must talk to you directly. They cannot simply ignore your input because it differs from what your parents or the school wants. You (not your parents) have the right to appeal to the First-tier Tribunal(SEND) if you disagree with the LA’s decisions about your plan. You can ask for a personal budget to have more control over how the funding for your support is spent. Section 25 of the Act is all about preparing you for adulthood, while this transition starts early in Yr 9, it really ramps up at 16 and focuses on 4 main goals: Work & Uni: Helping you find a career path or the right degree. Your Own Place: Planning for where you’ll live and how to be independent. Social Life: Making sure you have friends and are involved in your community. Staying Healthy: Managing your own healthcare as an adult. You have the right to request a specific college or post-16 institution, you’ll find information about colleges in the ‘local offer’.
The Local Offer is a directory for your area, that lists everything that is available to you including colleges/training centres, how to get bus passes, where to find medical professionals, youth groups, help to find a job etc. This directory is available on your local council website, google should find it.
Quick Myth-Bust: Having an EHC plan does not mean you have to go to a special school. The Act is very clear: you have the right to be educated in mainstream colleges and settings alongside everyone else whenever possible.
If you don't feel like you are being listened to and your wishes are being sidelined, you can use this Power Phrase in meetings:
Under the Children and Families Act 2014, the rights regarding this EHCP have transferred to me. I would like my views to be taken into account.
The young person’s guide to the Children and Families Act 2014
*Under the Mental Capacity Act 2005, it is assumed you can make your own decisions unless it is proven otherwise.