Why LAs cease EHCPs

A local authority can only cease maintaining an EHCP if they believe it is no longer necessary for the child or young person. This might be because: the child's needs can now be met without an EHCP, the child no longer has SEN, or the young person is over 19 and not in education or training. However, LAs sometimes try to cease EHCPs to save money - and this is not a lawful reason.

Your right to appeal

If the LA decides to cease your child's EHCP, they must notify you in writing and explain your right to appeal to the SEND Tribunal. You have 2 months from the date of the notice to register your appeal. Until the Tribunal makes a decision, the EHCP should normally remain in place - this is important because it means your child's provision continues during the appeal.

Grounds for challenge

You can challenge a cessation if: your child still has SEN that require provision beyond what the school can ordinarily provide, the outcomes in the plan haven't been achieved, the support would be withdrawn if the EHCP is ceased, or the decision was based on insufficient or inaccurate information. The Tribunal will look at whether the child still needs the protection of an EHCP - not just whether they're "doing okay."

Evidence to gather

Gather: the current EHCP, evidence that the provision in the EHCP is still being delivered and is still needed, professional reports supporting ongoing need, evidence of what would happen without the EHCP (e.g., would therapy stop?), and your child's views. If possible, get professionals to write supporting letters explaining why the EHCP should continue.

Transition and post-16

LAs sometimes try to cease EHCPs at transition points - particularly at 16, 18, or 19. But an EHCP can continue until 25 if the young person is in education or training and still needs the provision. The law is clear on this. If the LA is trying to end the EHCP at a transition point, challenge it - especially if the young person is about to start a new course or training programme.