SEND Law Hub
The SEND system extends to age 25. FE colleges, sixth forms, 16 to 19 academies and specialist colleges all have statutory duties to identify and support young people with SEN. Leaving school should not mean losing rights.
The 'Every Child Achieving and Thriving' Education White Paper was published in February 2026, alongside a companion document 'SEND Reform: Putting Children and Young People First'. These introduce significant proposed changes including Individual Support Plans, a new three-tier support model, and Specialist Provision Packages. The law documented here — the Children and Families Act 2014 and SEND Code of Practice 2015 — remains in full force until legislation and the updated Code are brought into effect. We will update each page as official text is published. See our SEND Reform 2026 page for a full breakdown.
Post 16 education providers have specific legal duties under the Children and Families Act 2014. Many young people fall through the gap at 16. This chapter explains what they are entitled to and how to hold colleges to account.
Children and Families Act 2014 Sections 28, 29, 66. Equality Act 2010. Code of Practice § 7.1 to 7.15
FE colleges, sixth forms, 16 to 19 academies and Section 41 specialist colleges must use best endeavours to secure special educational provision. They must cooperate with the local authority on EHC assessments and reviews, and must make Equality Act reasonable adjustments.
Rights do not evaporate at 16. Best endeavours, reasonable adjustments, and EHCP cooperation still apply in further education.
Ask colleges in advance about SEN support, EHCP processes, and named leads. Avoid places that cannot answer clearly in writing.
Section 66, Children and Families Act 2014. Code of Practice § 7.16 to 7.30
Colleges should assess needs, plan provision, put it in place, and review. This mirrors the assess, plan, do, review cycle used in schools. Colleges should appoint a SEN lead, seek specialist advice where required, and funding constraints are not an excuse to withhold necessary support.
Get support in writing with dates and a named person. Confirm exam access arrangements early, not after courses start.
Request written confirmation of support start dates, responsibilities, and access arrangements. If nothing arrives, chase it immediately.
Children and Families Act 2014 Sections 36 to 44. Code of Practice § 7.31 to 7.40
EHCPs continue in further education. If a college is named in the plan, it must admit the young person under Section 43. Annual reviews continue and the local authority remains responsible for securing the provision.
The plan does not end at 16 or 18. Reviews should continue and the LA still has duties to secure provision.
Confirm in writing who is organising the first further education review, and when it will happen.
Code of Practice § 7.41 to 7.44
The Year 12 review should plan the transition. The local authority must consult prospective colleges before naming them, and must do so in good time.
Plan well before Year 11 ends. Do not assume support systems will be ready in September unless it is agreed and written down.
From Year 10 onwards, ask every year about post 16 options, consultations, and transition arrangements, and ask for dates.
'Every Child Achieving and Thriving' — DfE, February 2026
The white paper's ISP duty applies to colleges and 16 to 19 academies as well as schools. When ISPs are brought into law, FE providers will have a statutory duty to document SEN support in an ISP developed with the young person. Given the age-related rights shift at 16, the young person — not just their parents — should be the primary contributor to the ISP.
Currently, FE SEN support documentation is often even less formalised than in schools. ISPs will require colleges to produce a written, co-produced plan. This gives young people and families a much stronger basis to challenge poor or absent support.
For now, the existing assess, plan, do, review framework applies. Ask for everything in writing from enrolment.
The proposed three-tier model extends into further education. Under the new system:
EHCPs in FE continue, but under the new system will be reserved for the most complex needs. For young people who currently receive SEN support in college without an EHCP, the ISP at the Targeted tier will be the new formal document for their support.
Best endeavours duties — unchanged. Section 43 named placement duty — unchanged. Annual review continuation — unchanged. Equality Act reasonable adjustments — unchanged. The Section 36 assessment route for young people up to 25 — unchanged. Do not let any college use forthcoming reform as a reason to delay or reduce support that is required under current law.
