When an EHC plan may be ceased
Ceasing a EHC plan occurs when it is deemed that there is no longer a need for special educational provision in the form of an EHC plan to be put in place for a child or young person. For a young person aged 19 or over such circumstances include where the young person has left education and no longer required the special educational provision specified in their EHC plan. But when deciding that the special educational provision is no longer required, the local authority must regard whether the educational or training outcomes specified in the plan have been achieved. Local authorities must not cease to maintain the EHC plan simply because the young person is aged 19 or over.
EHC plans will cease if a young person accepts a place at University, and after their 25th year if they still possess a plan at this point.
This decision is made via the Annual Review process, and families will be notified by the local authority that it is their intention to cease a plan. The local authority must inform families when it is considering ceasing to maintain the EHC plan and consult with the child’s parent carer or young person about this. The local authority will send a letter to notify you if the decision has been made to cease the plan.
Process for determining whether to cease to maintain an EHC plan
Where a local authority is considering ceasing to maintain a child or young person’s EHC plan it must:
- Inform the parent carer or the young person that it is considering ceasing to maintain the child or young person’s EHC plan; and ask for their opinion on this
- Consult the headteacher or equivalent person at the educational institution that is named in the EHC plan
- If following consultation the local authority decides to cease to maintain the EHC plan, it must inform the parent carer or young person and the educational institution named in the plan of this decision
- In conjunction with delivering this decision, the parent carer or young person must also be informed of their right to appeal this decision