If a local authority informs a parent of a child with special educational needs (SEN) or young person that they are going to take away an Education Health Care (EHC) plan, this is called “ceasing to maintain” the EHC plan. A local authority will cease to have a legal obligation to ensure the provision stated in the EHC plan is provided.
Can a local authority cease to maintain an EHC plan?
A local authority can decide to cease to maintain an EHC plan at any time, but only on the grounds that it is no longer responsible for the child or young person with SEN or if it is no longer necessary to maintain the EHC plan. In respect of the latter, a local authority may come to that conclusion when a reassessment is carried out on a child or young person’s SEN and disabilities, or after an annual review. Ceasing to maintain an EHC plan should only happen when a child or young person’s SEN can be met by the educational institution they attend (such as their school or college).
Whatever the reason is for ceasing to maintain an EHC plan, a local authority must consult with a child’s parents or the young person, as well as the head teacher or principal of the educational institution the child or young person attends and issue a “cease to maintain notice” before it ceases to maintain an EHC plan.
It is unlawful for a local authority not to follow these steps before ceasing to maintain an EHC plan.
What happens if a cease to maintain notice is issued?
If a cease to maintain notice is issued, the local authority is not allowed to stop funding provision straight away. A child’s parents or a young person with SEN has the right of appeal to the First-tier Tribunal (Special Educational Needs and Disability) (SEND Tribunal).
The appeal must be lodged with the SEND Tribunal within either two months of a local authority’s decision to cease to maintain the EHC plan or one month from the date of the mediation certificate, whichever is later. It is best to lodge an appeal with the SEND Tribunal as soon as you are notified of the decision. This is because whilst the appeal is on-going the EHC plan will remain in place, meaning that the child or young person will remain entitled to the provision stated in the plan.
How can Birkett Long's education team help?
We can advise you on and assist you with mediation, should you decide to proceed with mediation. We can also prepare the appeal to the SEND Tribunal, including obtaining further evidence if required, preparing written representations and putting together relevant evidence. It is vital that your case is put together in a coherent and clear manner, with reference to the legal test that needs to be met.
We appreciate that you want to understand the prospects of success from the outset, and we can provide you with that advice so you can make an informed decision as to how to move forward.
If you have been impacted by a decision of a local authority to cease to maintain an EHC plan and you would like to discuss your options, please contact Thomas Emmett, Head of Education, on 01245 453847 or at [email protected] for a no obligation discussion.
