What does ‘ceasing to maintain an EHC plan’ mean?

Once an EHC plan is issued it may change over time, but it will remain in place until it is ‘ceased’ (stopped).

EHC plans can only be ceased by a local authority (LA). If your LA is considering ceasing to maintain your child or young person’s EHC plan it must follow a legal process. If, after that process, your LA decides it does want to cease to maintain the plan it needs to send you a decision letter setting this out and explaining your rights.

If your LA has not followed the correct legal process before making its decision, it may mean the decision made is invalid.

When can my LA make a ceasing to maintain decision?

Your LA can consider making this decision at any time. However, it is more usual for this to happen at the end of an annual review, when it decides whether to maintain the EHC plan (keep it the same), amend the plan (make changes to it) or cease to maintain it (stop it).

If your LA is considering ceasing to maintain your child or young person’s EHC plan it must follow the law and use one of the legal reasons. No other reason can lawfully be used.

There is no duty on an LA to cease to maintain an EHC plan. It is a power that it has, but this power can only be used in two situations.

This means your LA can decide to cease to maintain an EHC plan in two situations and only these two. These are:

If:	Then:
the LA is no longer responsible for your child or young person For example: a young person has taken up paid employment (excluding apprenticeships) a 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  a young person has turned 25 (and the LA has decided not to let them keep their plan until the end of the academic year during which they turn/ turned 25), or  the child or young person moves permanently outside England.	it can decide to cease to maintain the EHC plan.
it is no longer necessary to maintain the EHC plan This may be for several reasons. The LA may think your child or young person no longer needs the provision set out in the EHC plan. This might be because their special educational needs (SEN) have changed It might also be because the LA thinks your child or young person has no future learning potential.	it can decide to cease to maintain the EHC plan.

 

These two reasons are set out in section 45(1) of the Children and Families Act 2014.

If your LA sends you a decision letter saying it is going to cease to maintain the EHC plan you will have the right to require your LA attends mediation to discuss this decision. You will also have the right to appeal this decision in the SEND Tribunal.

You should check to see if you are eligible for legal aid and where you can get help.

Does my LA’s decision have immediate effect?

Your LA cannot simply stop maintaining the EHC plan once it sends notice of its decision. Your LA’s decision letter does not have immediate effect.

Your child or young person’s EHC plan must remain in place until:

• the deadline to make an appeal against the decision has passed, or
• if you decide to appeal, the appeal has been heard and dismissed (this means the SEND Tribunal agrees with the LA’s decision to cease the plan).

This means that until such time has passed:

• Your LA must continue to secure all the special educational provision set out in Section F of the plan.
• The relevant health body (usually your Integrated Care Board) must continue to secure all the health care provision set out in Section G of the plan.
• Your child or young person’s setting must continue to admit them (unless it is a private setting).

Please see our page on what you can appeal and when for more information on appealing this type of decision.

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