Education Health and Care Plans ("EHC Plans") are available for children and young people from birth to 25 years. However, EHC Plans are not 'one and done'; they are living documents and in certain circumstances it is open to a local authority to decide to bring one to an end, or to use the legal terminology to cease an EHC Plan. However, this is only possible if one of the two statutoty criteria under s.41 of the Children and Famillies Act 2014 ("CAFA") applies. These are:
The local authority is no longer responsible for the child/young person or
The EHC Plan is no longer necessary.
There are a number of reasons why this may happen, including a change in circumstances such as a young person taking up paid employment (although not an apprenticeship), starting a University or other higher education (Level 4) course, or moving to a different local authority; although in the latter case the EHC Plan will not end but rather transfer to the new local authority. In addition, the local authority will no longer have responsiblity for maintaining an EHC Plan if a young person turns 18 and no longer wishes to pursue further learning; simply turning 18 or aging out of compulsory education is not enough. An EHC Plan will also end when a young person turns 25; although there is recent case law confirming that local authorities retain the power to continue to maintain an EHC Plan until the end of the relevant academic year.
No Longer Necessary:
This is when the child or young person no longer needs the Special Educational Provision ("SEP") specified in the EHC Plan, for example becasue their Special Educational Needs ("SEN") have changed. It is a question of fact whether the SEP is no longer required. In addition, where a young person is aged 18 or over the local authority must, in determining whether the EHC Plan is no longer necessary, consider whether they have achieved all of the outcomes in the EHC Plan. If they haven't achieved them all then this is likely to be good evidence that an EHC Plan is still needed; although even where the outcomes have been met the local authority should still consider whether it is necessary to set new ones. In any event, it is not lawful to cease an EHC Plan merely because a young person has turned 19 or on the grounds that they are not capable of achieving qualifications.
If you or your young person are not happy with the decision to cease to maintain an EHC Plan, you/they have the right to appeal that decision to the First Tier Tribunal SEND ("the SEND Tribunal"). Mediation is also available, although not required.
Understanding your child or young person's rights and the process that should be followed by the local authority is key to being able to confidently challenge a decision to cease an EHC Plan, and ensure that your child or young person continues to receive the support they need. SEND Advocacy can provide advice and assistance. If you need someone in your corner to help you secure the education your child or young person deserves, contact us today.
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