Appeal against a local authority's decision to take away (cease to maintain) the child or young person's EHC plan.

In many cases, a Local Authority may decide to remove (Cease to Maintain) a child or young person's EHC plan when they are approaching the end of compulsory schooling (Year 11) or when a young person is approaching the end of sixth form or a two year college course ( Year 13). 


EHC plans do not apply to Higher Education (university) but a student attending a FE college or an Apprenticeship can retain their EHC plan if it can be shown that an EHC plan is still needed.


The key issues will be:

  • (whether the child or young person has achieved their Outcomes (see Section E of the EHC plan) or
  • if the child or young person still requires the provision specified in Section F of the EHC plan to be made for them.

The decision is often made after the Review, so it is a good idea to understand the Review process and to see how to gather the evidence, where possible, in advance of the Review meeting or in preparation for an appeal.


If a Local Authority decides to remove an EHC plan they must issue a 'decision' letter, setting out the reasons for the decision,  which provides a right of appeal against the decision. In this type of appeal, the parent or young person (if over 16) can appeal against the contents of the EHC plan (Sections B, F and I). For further information about this type of appeal, see here.


 Legal Test:


Section 45 of the Children and Families Act 2014 and SEND Regulations 2014, Regulations 29, 30 and 31.


SEND Code of Practice, 2015

(i) For information about 'Ceasing to Maintain an EHC plan' see Chapter 9, paragraphs 9.199 - 9.210 


(ii)  For information about Reviews, see Chapter 9, paragraphs 9.166 - 9.185 of the SEND Code of Practice (2015)