16 or 17 yr old with LCW ‘not in education’ ’ but should be???

Where an under 18 year old has left education, for example because the specialist establishment does not cater above that age, and there is nowhere else suitable for his needs, assuming apart from the education issue they would otherwise qualify for UC….....

...could the fact that by law under 18s are supposed to be in education or training or an apprenticeship mean that DWP could decide that he doesn’t actually fall under the exception to not receiving education in UC reg 12?