If your local authority (LA) issues a ‘ceasing to maintain’ decision notice, you have the right to mediation and/or appeal this decision in the SEND Tribunal.

When should I appeal this decision?

If you decide to appeal this decision, you must make sure your appeal is received by the SEND Tribunal in time. 

Your appeal form needs to be received by the SEND Tribunal no later than two months from the date on the LA’s decision letter or one month from the date on your mediation certificate, whichever is the later date.  

As explained on our appeals against ceasing to maintain decisions page, the provision in the EHC plan must remain in place and your child or young person’s setting must continue to admit them until either:

• the deadline to appeal has passed, or
• if an appeal is made, the appeal has been heard and is unsuccessful (meaning the SEND Tribunal agrees with your LA that the plan should cease).

Given this, you may want to make your appeal as close to the end of the appeal deadline as possible to maximise your time. This will mean that the EHC plan continues for as long as possible. This may be very helpful, for example, for a young person nearing the end of their course and may mean the EHC plan continues until that course has ended.

How can you do this? Well, first you need to contact the mediation service within 2 months of the date on your LA’s decision letter to get information on mediation. You can try to keep the EHC plan in place for as long as possible by contacting the service provider towards the end of this 2-month period. However, don’t miss your deadline.  

We explain how it works below:

If:	Then:
You contact the mediation adviser towards the end of the 2-month period and decide not to mediate	you will be issued with a mediation certificate within 3 working days of your decision not to mediate. Look at which date is the later – two months after the date on your LA’s decision letter or one month after the date on the mediation certificate. Submit your appeal by the later of these two dates.
You contact the mediation adviser towards the end of the 2-month period and decide to request mediation	you also need to contact the LA to inform it that you would like to mediate. Mediation will be arranged to take place within 30 days of the LA being informed by you. You will be issued with a mediation certificate within 3 working days of the mediation. If your LA is late to arrange mediation, you will be given a ‘deemed mediation’ certificate and can use that to appeal (whilst keeping your right to mediate). If you still need to appeal, look at which date is the later – two months after the date on your LA’s decision letter or one month after the date on the mediation certificate.  Submit your appeal by the later of these two dates.

 

What can I appeal?

If your LA issues a ‘ceasing to maintain’ decision you can appeal against this decision in the SEND Tribunal.

At the same time, you can also:

• appeal the contents of the EHC plan: Sections B (needs), F (provision) and I (placement), and
• ask the SEND Tribunal to make non-binding recommendations on health and/ or social care: Sections C and G (health) and D and H (social care).

You might want to do this, for example, if the EHC plan is out of date or doesn’t contain all the provision your child requires.

That way, if the SEND Tribunal agrees with you (that the EHC plan must not cease) the SEND Tribunal can also make an order for changes to Sections B, F and I as well as recommendations for Sections C, G, D and H. This will mean going forward your child or young person’s EHC plan should more accurately reflect their needs, provision and/or suitable placement.

So, if you think changes to the EHC plan are needed, then you should appeal the contents of the plan as well as the cease to maintain decision. You will then be able to submit relevant evidence to the SEND Tribunal.

Don’t forget to see if you are eligible for legal aid and where you can get help with your appeal.

For more information on this topic, see our main advice page on cease to maintain appeals.