When can a local authority cease to maintain an EHCP?

The local authority can cease to maintain an EHCP if it decides that it is no longer necessary for special educational provision to be made for the child or young person in accordance with an EHCP. This typically requires evidence that needs have reduced significantly and can be met without the statutory protection of an EHCP.

Can the local authority cease to maintain an EHCP when my child moves to post-16 education?

The local authority can consider whether to cease when a young person moves into post-16 education, but it cannot cease simply because of the transition. It must still satisfy the test that an EHCP is no longer necessary. Many EHCPs are maintained well into post-16 and through to age 25 for young people with continuing needs.

What is the deadline for appealing?

You have 2 months from the date of the local authority's decision letter to register your appeal with the SEND Tribunal, or 1 month from the date of your mediation certificate — whichever is later.

What will the Tribunal consider?

The Tribunal will consider whether the local authority was right to cease. It will look at the evidence about your child's current needs, what support is available without an EHCP, and whether the test for ceasing has been properly applied.

Cease to maintain appeal

Cease to maintain EHCP appeal — get your Tribunal pack ready

If the local authority proposes to stop maintaining your child's EHCP, you have the right to appeal. Send what you have. A case professional prepares the document. You review it. You send it.

Match my situation

Get my cease to maintain pack prepared — £449 See a real example pack

What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

What we prepare for this

Challenge to the plan · £449

Grounds or a letter when the plan, placement, provision or timescales are wrong.

The document you send
How to send it, and what to attach
One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Other documents: request letter £249 · appeal grounds £349 · challenge to the plan £449

Sample of a plan challenge · mock names

In Section F, the provision described as “access to adult support as required” and “regular speech and language therapy” does not say how much support [CHILD] will receive, or who will deliver it.

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Case preparation support only · Not legal advice or tribunal representation

Quick answer

The local authority can only cease to maintain an EHCP if it decides special educational provision is no longer necessary. Before deciding, they must notify you and give you at least 15 days to respond. If you disagree, you have 2 months from the decision letter (or 1 month from your mediation certificate) to register your appeal.

The process the local authority must follow

Before deciding to cease, the local authority must:

1
Notify you of its proposal to cease and give you at least 15 days to make representations
2
Consider any representations you make before making its final decision
3
Notify you of its final decision and your right to appeal

Grounds for appeal

Your child continues to have special educational needs that require the protection of an EHCP
Needs would not be met without the statutory provision an EHCP provides
Parents may argue the cessation test was not met on the evidence available
Evidence shows needs remain significant despite any improvements

What your pack can include

SEND35A grounds explaining why the EHCP should be maintained
Council-response matching and SEND law in those grounds
Named reports of continuing needs
Assigned case professional who prepares and checks it

Frequently asked questions

When can a local authority cease to maintain an EHCP?: The local authority can cease to maintain an EHCP if it decides that it is no longer necessary for special educational provision to be made for the child or young person in accordance with an EHCP. This typically requires evidence that needs have reduced significantly and can be met without the statutory protection of an EHCP.
Can the local authority cease to maintain an EHCP when my child moves to post-16 education?: The local authority can consider whether to cease when a young person moves into post-16 education, but it cannot cease simply because of the transition. It must still satisfy the test that an EHCP is no longer necessary. Many EHCPs are maintained well into post-16 and through to age 25 for young people with continuing needs.
What is the deadline for appealing?: You have 2 months from the date of the local authority's decision letter to register your appeal with the SEND Tribunal, or 1 month from the date of your mediation certificate — whichever is later.
What will the Tribunal consider?: The Tribunal will consider whether the local authority was right to cease. It will look at the evidence about your child's current needs, what support is available without an EHCP, and whether the test for ceasing has been properly applied.

This page provides general information only. EHCP Clarity does not provide legal advice. For specialist support, contact IPSEA or your local SENDIASS.