You have the right to request an EHCP assessment.
The Children and Families Act 2014 (Section 36)
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, the Children and Families Act 2014 (and its partner the SEND Code of Practice) you officially move from being a child to a young person. This isn't just a label; it changes who the law listens to, section 19 of the Act says the council must ‘have regard’, basically, they can’t just ignore you, and, as a young person of 16+, you now have the independence to request an EHC, regardless of what your parents or school think.
I’ve already got an EHCP why do I need to request another at 16? It’s all about legal transition, as the plan now belongs to you, it’s vital you keep it going, as your plan can legally be stopped at 16 or 18 (when you leave school). That’s why you need to keep it going, as it will carry you through college or apprenticeship until you are 25.
The EHC assessment matters, as it's a gateway to receiving legally funded support.
When the local authority receives your request, they can't say no just because they're busy, or don't have the budget. They have to carry out the assessment if they believe you have special educational needs; and it may be necessary to put provisions in place.
When you make a request, the local authority must acknowledge, and they then have a strict 6 week deadline to consult with you, and inform you whether they are going to go ahead or not.
If they say no, you should be told the reasons for the decision, be told about your right to mediation, and your right to appeal the decision to the First-tier Tribunal, this is a legal hearing where a judge listens to the facts.
Your Power Phrase for meetings, emails and formal requests to make yourself heard is:
Under Section 36 of the Children and Families Act 2014 and the SEND Code of Practice, I am exercising my independent legal right as a young person to request an EHC needs assessment. I expect a formal decision within the statutory six-week timeframe.
For further information:
The young person’s guide to the Children and Families Act 2014