When Does an EHCP Stop? Ceasing to Maintain a Plan

One of the most worrying letters a SEND family can receive is one saying the local authority intends to cease to maintain their child's Education, Health and Care Plan (EHCP). It often arrives at an annual review or as a young person approaches the end of school. The good news is that a council cannot simply switch off a plan. There are clear legal rules about when an EHCP can end, what the council must prove, and how you can challenge it.

This guide explains when an EHCP stops, the common myths about age limits, the process a council must follow, and your right of appeal.

The Age 25 Myth

A widespread belief is that an EHCP automatically ends at 18, or that it must run until 25. Neither is true. An EHCP can continue until a young person's twenty-fifth birthday, but only if they remain in education or training and still need the support. It does not have to last until 25, and it does not have to end at 18.

The key point is that age alone is never the reason a plan ends. What matters is whether the young person still has special educational needs that call for the provision in the plan, and whether they remain in education or training. A plan supporting a young person on a college course or apprenticeship can continue well into their twenties. A plan does not have to continue simply because the young person is under 25 if the need genuinely no longer exists.

For how plans work in the later years of education, see our guide to EHCP post-16 and college support up to age 25.

The Lawful Reasons a Plan Can End

A local authority can cease to maintain an EHCP in a limited set of circumstances under the Children and Families Act 2014 and the SEND Regulations 2014. The main ones are:

• The provision is no longer needed. The council must be satisfied that the special educational provision in the plan is no longer necessary. This is a genuine assessment of need, not a budget decision.
• The young person has left education or training. If a young person aged 16 to 25 moves into higher education or paid employment, or simply chooses to leave education, the plan can be ceased.
• The young person turns 25. A plan cannot be maintained beyond the end of the academic year in which the young person reaches 25.

Crucially, a plan should not be ceased simply because a child is making progress. Progress is often the direct result of the support in the plan. The right question is whether the need would return if the support were removed. A council that argues "your child is doing well, so we are stopping the plan" has usually asked the wrong question.

The Process a Council Must Follow

A council cannot end a plan without following a clear legal process. If it skips any step, the decision can be challenged.

Notice of intention. The council must first tell you that it intends to cease the plan, usually after an annual review. This is a notification of intention, not the final decision.

The chance to make representations. You must be given the opportunity to explain why the plan should continue. This is your chance to put forward evidence of continuing need. Many ceasing decisions are reversed at this stage when families present strong evidence.

The decision. If the council still decides to cease, it must write to you with its decision and your appeal rights.

The plan stays in force during appeal. This is one of the most important protections in the system. If you appeal a decision to cease, the local authority must continue to maintain the plan, and the provision in it, until the appeal is concluded. Your child does not lose support while the appeal is ongoing.

Because the ceasing question often arises at an annual review, it is worth knowing exactly what should happen at one. Read our EHCP annual review checklist so you can spot when a review is being used to set up a ceasing decision.

How to Challenge a Decision to Cease

A decision to cease to maintain an EHCP carries a right of appeal to the First-tier Tribunal (SEND). You normally have two months from the date of the decision letter, and you will usually need a mediation certificate first.

To challenge effectively, focus on evidence of continuing need. Gather up-to-date reports from professionals, examples of difficulties that remain, and an explanation of what would happen if the support were withdrawn. The same principles that win any SEND appeal apply here, so read our guides on the mediation process and on appealing to the SEND Tribunal.

Diarise the two-month deadline the moment a decision letter arrives, keep every communication in writing, and remember that the plan continues to protect your child throughout the appeal.

Last updated: June 2026