AQW 20421/22-27 Written question to the Minister of Health

To ask the Minister of Health for his assessment of (i) legislation that extends post-19 special educational needs provision to 25 years old; and (ii) moving responsibility and associated funding from his Department to the Department of Education.

Asked by Claire Sugden MLA on 13 January 2025

  • Answered
  • Written
Tabled
13 January 2025
Answer due by
28 January 2025
Answered
28 January 202515 days after tabling
Department
Department of Health
Priority question
No

Answer

Transitions is recognised as a long-standing challenge in NI and work is underway across Departments to improve support for children with disabilities and/or Special Education Needs. A regional protocol for HSC Trusts has been finalised to standardise the transitions process, which will be piloted in the coming months. My officials are fully engaged with colleagues across government to review and improve the SEN transitions process, including consideration for legislative change.

The Chronically Sick and Disabled Person (Northern Ireland) Act 1978 provides the legislative basis to provide health and social care services for disabled and sick children as they transition into an adult service. However, it is recognised that this is only applicable to the health and social care needs that are known to Trusts and have an assessed need. There is currently no legislation in Northern Ireland to provide special educational needs pupils with an Education and Health Care plan after the age of 19.

The Department of Health has responsibility for the health & social care needs of children and adults. A change to the transition age to 25 will still require these needs to be met by Health & Social Care Trusts. Therefore, it is unlikely that responsibility and associated funding will transfer to another NI Executive department.

I do support the need for exploratory work to assess the benefits of legislative change in Northern Ireland and my officials will work closely with the Department for Economy on this matter.

Official sources