Ceasing an EHCP

When a local authority (LA) decides to take away or end an EHCP, this is called ‘ceasing to maintain’. This means that the EHCP will come to an end and the LA will no longer have the legal duty to ensure that the educational provision specified in the EHCP is received by the child or young person.

The LA may issue a notice to cease to maintain an EHCP at any time.

The SEND Regulations 2014 outlines a two-stage process:

• when a local authority is considering ceasing to maintain an EHCP it must inform the child’s parent or the young person and consult them as well as the head teacher or principal and
• having carried out that consultation, if the LA decides to cease to maintain the EHC plan it must then notify the child’s parent or young person, the institution named and the responsible commissioning body

This means that you should receive two separate letters from the LA.

The cease to maintain notice:

The cease to maintain notice must include the right of appeal and the time limits. If the parent or young person does not appeal, the EHCP will remain in place until the end of the time limit in which an appeal can be made and then come to an end.

If the parent or young person does appeal, the EHCP will remain in place and must continue to be implemented until the appeal is decided by the Tribunal.

Evidence and the approach to take when the LA cease to maintain appeal

It will be helpful to meet with the LA and show either that the LA have failed to give adequate (or any) consideration to whether it is necessary to maintain the EHCP or that that there is some other good reason why it must be maintained.

The LA must have considered whether the educational outcomes in an EHCP have been met before deciding to cease to maintain and the case will be about whether the plan is still needed whilst the young person continues their education / training or not.

In both cases, the sorts of evidence you would be looking to gather would be similar to that needed when appealing against a decision about a refusal to issue and could include:

Evidence from the school or College for example, details of the SEN support to show that such support would not be sufficient to meet the child or young person’s needs

Expert reports to show that the child or young person’s SEN or requirement for special educational provision have not changed and that they still require the provision within their EHCP

Evidence from the child or young person themselves about the level of support that they still require and the effect that the cessation of the EHCP would have on them.

If the LA decide not reconsider to cease the EHCP then you will need to decide to appeal. See our "Cease to Maintain Appeals" page.