Commentary on Sections Education, health and care plans Section 50: Continuation of services under section 17 of the Children Act 1989
256.This section inserts a new provision (section 17ZG) into the Children Act 1989.
257.It gives a power to local authorities to continue to provide services they have been providing to a young person before their 18th birthday under section 17 of the Children Act 1989 (services to children in need, their families and others) to the young person when they are 18 and over, where the young person has an EHC plan. The local authority retains discretion over how long it chooses to provide services under section 17 while an EHC plan remains in place. Where the young person no longer has an EHC plan, the local authority no longer has the power to extend the provision of these services to young people over 18.
258.The provision in this section aims to support better transitions between children’s and adult services for young people with EHC plans. Guidance on how an authority should use this discretion will be set out in the Code of Practice issued under section 77.