Get information and support Free legal guides and template letters EHC plans, EHC needs assessments and appeals If your LA takes away your EHC plan If your LA takes away your EHC plan What to do if the LA takes away your EHC plan When a local authority (LA) decides to take away, or end, an education, health and care (EHC) plan, this is called ‘ceasing to maintain’ the EHC plan. This means that the EHC plan will come to an end and the LA will no longer have the legal duty to make sure that the special educational provision specified in the EHC plan is received by the child or young person. When can the LA cease to maintain an EHC plan? An LA may decide to cease to maintain an EHC plan at any time, but it can only do so on two grounds. These are set out in section 45 of The Children and Families Act 2014 (CFA 2014) and they are the only legal reasons for ceasing to maintain an EHC plan. On this page, we explain what those grounds are and what process the LA must follow if it wishes to cease to maintain an EHC plan. An LA can cease to maintain an EHC plan if one of two grounds applies: the LA is no longer responsible for the child or young person An LA would no longer be responsible if: the young person has taken up paid employment (excluding apprenticeships) the young person has started a higher educational course (or other level 4 course) a young person aged 18 or over has left education and no longer wishes to engage in further learning the young person has turned 25, or the child or young person has moved to a different LA (although remember, they will not lose their EHC plan just because you have moved, the plan will be transferred to the new LA). it is no longer necessary to maintain the EHC plan Situations in which an EHC plan would no longer be necessary could include the child or young person no longer needing the provision set out in the EHC plan. This might be because their special educational needs (SEN) have changed. For a young person over 18, the LA must consider whether the educational or training outcomes in the EHC plan have been achieved. If they have not, that is an indication that the special educational provision should continue. However, the LA cannot cease to maintain an EHC plan just because the outcomes have been achieved – they should consider whether it is necessary for new outcomes to be set. The SEN and Disability Code of Practice (the Code) says that LAs must not cease to maintain the EHC plan simply because the young person is aged 19 or over (paragraph 9.200). LAs should also not cease to maintain just because the young person has finished their current course at school or college: “Young people with EHC plans may need longer in education or training in order to achieve their outcomes and make an effective transition into adulthood” (paragraph 9.151). The LA should not introduce additional criteria for continuing EHC plans after the end of compulsory school age, such as requirements for the young person to be working towards qualifications, employment or independent living. Not all young people will be able to achieve these things, but this does not mean their support should be taken away. Case law has made clear that the tribunals will reject any suggestion that getting qualifications is an essential element of education. Getting qualifications may not be a young person’s goal but that does not mean that they do not require, or would not benefit from, special educational provision. Case law has also confirmed that whilst any further achievements may be small, they will still be valuable for the young person in their adult life. Can the LA cease to maintain the EHC plan because the child or young person is out of education? Those under 18 Where a child or young person under 18 is excluded from their education or training setting or leaves voluntarily, the LA should try to re-engage the young person in education or training as soon as possible. It must review the EHC plan and amend it as appropriate to make sure that the young person continues to receive education or training (see paragraph 9.202 of the Code). The LA can only cease the EHC plan if it decides that it is no longer necessary for special educational provision to be made for the child or young person. Those 18 or over Where a young person aged 18 or over ceases to attend the educational placement specified in their EHC plan, again the LA cannot simply cease to maintain that EHC plan. It must first hold a review (following all of the steps it must for an annual review) and then it can only cease to maintain the EHC plan if: it has found out that the young person does not wish to return to education or training at any setting, or it has concluded that returning to education or training would not be appropriate for the young person. This is set out in regulation 30 of the Special Educational Needs and Disability Regulations 2014. If the young person wants to return to education but at a different setting, the LA must amend the EHC plan to name an appropriate setting (see our pages on choosing a school for more information). What procedure must the LA follow? For whatever reason the LA decides to cease to maintain the EHC plan, the LA must first: consult with the child’s parent or young person as well as the head teacher or principal of the school or college being attended, and issue what is called a ‘cease to maintain notice’ – this means a notice in writing to the parent or young person telling them that the LA wants to cease to maintain the EHC plan and setting out the reasons why. If the LA does not follow these steps, or simply states that it is going to stop funding the EHC plan instead of issuing a cease to maintain notice, this is not lawful. This is because your right to appeal only arises when the LA has made a formal decision to cease to maintain the EHC plan. You should write to the LA requesting that it follows the correct procedure. You can book an appointment to speak with us for more advice if this has happened to you. Will the provision stop straight away? If a cease to maintain notice is issued, the LA is not allowed to simply stop funding the provision straight away. You have a right of appeal the decision to the SEND Tribunal. The appeal must be submitted within either two months of your LA’s formal decision to cease to maintain, or one month from the date on your mediation certificate, whichever is later. Our pages on mediation and appealing to the SEND Tribunal will provide you with helpful information on these topics. If you decide not to appeal the decision, then the LA must keep the provision in place at least until your right of appeal has expired. If you decide to appeal the decision, then the LA must keep the provision in place at least until the appeal is finished. The EHC plan will only cease if the SEND Tribunal has made an order saying the EHC plan should be ceased. Similarly, the education institution named in Section I of the EHC plan must continue to let the child or young person attend until the right of appeal has expired or the appeal is finished. If you haven’t been able to find the answer to your question on this page, see our FAQs. Manage Cookie Preferences