Appealing decision to cease to maintain EHCP

Ceasing to maintain an Education, Health and Care Plan (EHCP) means that it is cancelled, and the local authority no longer has to deliver the special educational provisions in EHCP or ensure the child or young person attends the named placement.

The decision to cease to maintain an EHCP can only be taken if:

• The local authority is no longer responsible for the child or young person, or
• It is no longer necessary to maintain the EHCP.

We usually find it is the latter reason relied on by local authorities. There are several factors to consider in reaching this decision, including:

• If the outcomes, in Section E, have been met
• Does the young person still needs the EHCP to access the Section F provision
• Does the young person staying in education help them to achieve the Section E outcomes
• Does the young person want to stay in education to complete/consolidate learning

Will the provision stop straight away after a decision to cease to maintain?

If the local authority issued a cease to maintain notice, the funding, and provision will not stop straight away and the EHCP must continue as written until either of the following happens:

• The deadline to lodge an appeal against the local authority’s decision passes, or
• An appeal is concluded, and decision issued by the SENDIST

I don’t agree with the cease to maintain decision, what can I do?

If you do not agree with the decision made by the local authority to cease to maintain the EHCP, then you have the right to appeal to the Special Educational Needs and Disability Tribunal (SENDIST).

It is advisable to start an appeal to the SENDIST as soon as possible after receiving a decision to cease to maintain.

If the decision relates to an EHCP, you will need to obtain a mediation certificate before sending an appeal to the SENDIST. The SENDIST must receive your appeal form and papers no more than one month after the date on the mediation certificate, or two months from the date of the local authority’s decision, whichever is later. We can advise you on the timings to obtain a mediation certificate and lodge.

Do I need a solicitor to help with my cease to maintain appeal?

For the best chance of reaching your desired outcome, we recommend getting in touch with our special educational needs experts, who will firstly be able to advise you on if mediation is likely to resolve your case.

If an appeal to SENDIST is necessary, we can help you to gather evidence and witness statements, as well as help formulate your argument. We can also represent you at Tribunal if you wish. From the outset, we will provide clear and detailed advice on chances of success, the process and our fees. We work on an hourly basis, meaning you can tailor the level of support you need and keep control of the costs at all times.