Education and training for young people with special needs can continue up to their 26th birthday, a judge has ruled.
The ruling came after mum Evelyn Ashford argued her son Jasper should be able to continue his training after the pandemic interrupted it.
Evelyn Ashford, whose tribunal triumph means EHCPs can continue until the age of 26
Ashford, from Somerset, set up a shop, Silver Lining Gifts, under Jasper’s education, health and care plan (EHCP) because she was upset by the lack of meaningful opportunities for autistic adults.
Successful appeal
Initially, a tribunal ruled it did not have the power to order Somerset County Council to go on funding Jasper’s training after he turned 25.
But Ashford appealed. In the upper tribunal, Judge Ward ruled the law allows training to continue after the person turns 25.
Judge Ward indicated it would make no sense if a young person who had just turned 23 when they started a two-year course had to stop the day before their 25th birthday.
Ruling ‘sets a precedent’
Ashford says the ruling sets a precedent.
In an email, she said it means “nationally, young people should be allowed to complete courses and packages on EHCP(s) up to their 26th birthday”.
Though it does not oblige councils to go on funding training after someone turns 25, they would need a good reason to end it, said Ashford.
New students on training internship
Ashford wanted Jasper, who has autism, to complete work experience in a museum. However, the pandemic interrupted this training.
She is now offering the specialist internship at the shop to other young people.
The shop, in Ilminster, has taken on two new students. It hopes to offer work to six more.
The shop features model railways, Star Wars paraphernalia, model cars, bath bombs and jewellery.
A spokesperson for Somerset County Council said it is “committed to supporting young people” and this “might be through the continued maintenance” of the EHCP.
Related:
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- Councils told to meet educational duties
- Ombudsman slams mental health care
- Ombudsman slams council’s behaviour
- Councils warned not to delay EHC plans
- Parents urged to fight for therapy
Published: 24 February 2022
