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
- Grounds of appeal explaining why the EHCP should be maintained
- Evidence of continuing needs from professional reports and school records
- Parent statement on current needs and impact
- Chronology of needs over time
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.