Can a local authority cease an EHC Plan because a child or young person is not making progress in health or social care?

August 4, 2022

A LA can cease to maintain an EHC Plan only if it decides that it is no longer necessary for the plan to be maintained or if the LA is no longer responsible for the child or young person e.g. where the young person moves to higher education.

The LA may determine that it is no longer necessary for an EHC Plan to be maintained if the child or young person no longer requires the special educational provision specified in the EHC Plan.  When considering whether a young person aged 19 or over needs the special educational provision specified in their EHC Plan, the LA must take into account whether the education or training outcomes specified in the EHCP have been achieved.

Where a LA is considering ceasing to maintain an EHCP it must:-

• inform the child’s parent or young person and consult with them.
• consult the school or institution named in the EHC Plan.

Having carried out the consultation, the LA must inform the child’s parent or young person, the placement named in the EHCP, adult social services if the young person is aged over 18 and receiving support and the responsible Clinical Commissioning Group of a decision to cease to maintain.  The LA must also inform the child’s parent or young person of their right of appeal to the SEND Tribunal to challenge the decision and the time limit for appealing.

Where a young person or child’s parent disagrees with the decision to cease to maintain an EHC Plan they can appeal to the SEND Tribunal.  The LA must continue to maintain the EHC Plan until the time limit for lodging an appeal has passed, or where an appeal is lodged, until the appeal has been concluded.

Contact us

At Tayntons we can advise you on the best course of action if you are having difficulties with the local authority over your child’s needs.  Our team represents parents of children with a range of SEN.

If you would like to speak to our expert SEN law solicitor, Imelda Brennan, call us on 0800 158 4147, email us at info@tayntons.co.uk  or request a call back and a member of our team will be in touch promptly.