Appealing a Decision to Cease to Maintain Your Child's EHCP | EHCP Clarity
SEND Route Guide

Appealing a Decision to Cease to Maintain Your Child's EHCP

If the local authority proposes to cease maintaining your child's EHCP, you have the right to appeal that decision to the SEND Tribunal. The LA must follow specific legal steps before an EHCP can be ended.

Time limit: You have 2 months from the LA's decision letter to register your appeal. Use our deadline calculator to check your dates.

The process the LA must follow

Before deciding to cease, the LA must:

  1. 1

    Notify you of its proposal to cease and give you at least 15 days to make representations

  2. 2

    Consider any representations you make before making its final decision

  3. 3

    Notify you of its final decision and your right to appeal

Grounds for appeal

  • Your child continues to have special educational needs that require the protection of an EHCP
  • Needs would not be met without the statutory provision an EHCP provides
  • The LA misapplied the legal test for ceasing
  • Evidence shows needs remain significant despite any improvements

What your pack can include

  • Grounds of appeal explaining why the EHCP should be maintained
  • Evidence of continuing needs from professional reports and school records
  • Parent statement on current needs and impact
  • Chronology of needs over time

Frequently asked questions

When can a local authority cease to maintain an EHCP?
The LA can cease to maintain an EHCP if it decides that it is no longer necessary for special educational provision to be made for the child or young person in accordance with an EHCP. This typically requires evidence that needs have reduced significantly and can be met without the statutory protection of an EHCP.
Can the LA cease to maintain an EHCP when my child moves to post-16 education?
The LA can consider whether to cease when a young person moves into post-16 education, but it cannot cease simply because of the transition. It must still satisfy the test that an EHCP is no longer necessary. Many EHCPs are maintained well into post-16 and through to age 25 for young people with continuing needs.
What is the deadline for appealing?
You have 2 months from the date of the LA's decision letter to register your appeal with the SEND Tribunal, or 1 month from the date of your mediation certificate — whichever is later.
What will the Tribunal consider?
The Tribunal will consider whether the LA was right to cease. It will look at the evidence about your child's current needs, what support is available without an EHCP, and whether the test for ceasing has been properly applied.

This page provides general information only. EHCP Clarity does not provide legal advice. For specialist support, contact IPSEA or your local SENDIASS.

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.