What happens if the LA decide to cease an EHC plan?

Evidence and the approach to take when the LA cease to maintain appeal

It will be helpful to meet with the LA and show either that the LA have failed to give adequate (or any) consideration to whether it is necessary to maintain the EHCP or that that there is some other good reason why it must be maintained.

The LA must have considered whether the educational outcomes in an EHCP have been met before deciding to cease to maintain and the case will be about whether the plan is still needed whilst the young person continues their education / training or not.

In both cases, the sorts of evidence you would be looking to gather would be similar to that needed when appealing against a decision about a refusal to issue and could include:

• Evidence from the school or College for example, details of the SEN support to show that such support would not be sufficient to meet the child or young person’s needs
• Expert reports to show that the child or young person’s SEN or requirement for special educational provision have not changed and that they still require the provision within their EHCP
• Evidence from the child or young person themselves about the level of support that they still require and the effect that the cessation of the EHCP would have on them.

If the LA decide not reconsider to cease the EHCP then you will need to decide to appeal.

More information on Appeals

Young people turning 19 who have EHCP

The SEND Code of Practice 2015 says:

In line with preparing young people for adulthood, a local authority must not cease an EHCP simply because a young person is aged 19 or over. 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. However, this position does not mean that there is an automatic entitlement to continued support at age 19 or an expectation that those with an EHC plan should all remain in education until age 25.

(9.151)

 

A local authority may cease a plan for a 19- to 25-year-old if it decides that it is no longer necessary for the EHC plan to be maintained. Such circumstances include where the young person no longer requires the special educational provision specified in their EHC plan. In deciding that the special educational provision is no longer required, the local authority must have regard to whether the educational or 191 training outcomes specified in the plan have been achieved (see the section on Outcomes, paragraphs 9.64 to 9.69).

 

A local authority may cease to maintain an EHCP only if it determines that it is no longer necessary for the plan to be maintained, or if it is no longer responsible for the child or young person. As set out in the Introduction (paragraph xi.), the legal definition of when a child or young person requires an EHCP remains the same as that for a statement under the Education Act 1996. The circumstances in which a 203 statement can be ceased or not replaced with an EHCP during the transition period are the same as that for ceasing an EHCP.

(9.199)

 

The circumstances where a local authority may determine that it is no longer necessary for the EHCP to be maintained include where the child or young person no longer requires the special educational provision specified in the EHCP. When deciding whether a young person aged 19 or over no longer needs the special educational provision specified in the EHCP, a local authority must take account of whether the education or training outcomes specified in the EHCP have been achieved. Local authorities must not cease to maintain the EHCP simply because the young person is aged 19 or over.

(9.200)