Dealing with a query where the parent of a young person who had an EHCP had been told that their EHCP had “lapsed “.

Names have been changed to protect the identity of child and parent

Charles’s mother Susan rang the SENDIASS helpline call back service. Susan explained that Charles had an EHCP during school and had then moved into college.

There were two traumatic family events that affected Charles and his attendance at college dropped and he finally stopped attending due to feeling extremely low.



A few years later Charles felt that he was ready to return to education and so Susan rang the Local Authority to ask if it would be possible for him to return. The Local Authority indicated at that time that EHCP had “lapsed “and that Charles would need to make a EHC needs assessment request, and the process would begin again.

SENDIASS asked Susan about what had happened since Charles stopped attending College and any communication she had with the LA.

Susan stated that she had not received anything in writing from the LA and had not realised that the LA had then viewed the EHCP lapsed.

If the LA decides to cease to maintain the EHC plan, the LA must first:

• Consult with the child's parent or young person as well as the head teacher or principal of the school or college being attended, and

• Issue what is called a 'cease to maintain notice' – this means a notice in writing to the parent or young person telling them that the LA wants to cease to maintain the EHC plan and setting out the reasons why.

If the LA does not follow these steps, or simply states that it is going to stop funding the EHC plan instead of issuing a cease to maintain notice, this is not lawful.

This is because the right to appeal only arises when the LA has made a formal decision to cease to maintain the EHC plan.

Susan contacted the LA in writing to request that: 

• Copies of the paperwork sent to her regarding ceasing to maintain Charles EHCP

Or

• If no notifications sent of the decision to cease to maintain his EHCP confirmation that they would reinstate the EHCP and the name and contact details of the officers who would maintaining the EHCP.
  

The LA responded very quickly to Susans request and she is currently working with the LA to identify educational provision. His previous EHC will be reviewed and updated accordingly.

As IPSEA point out

“If a young person drops out of a course, the LA is not relieved of responsibility for them until it has conducted a review of their EHC plan and found out whether the young person wants to carry on in education or training (possibly with more support or on a different course)”

See (SEND Reg 30 and the Code of Practice, paragraph 9.203)

SEN regulation 31 covers the process to be followed when the LA is considering ceasing to maintain an EHCP 

SEN Reg 31

(a) inform the child's parent or the young person that it is considering ceasing to maintain the child or young person's EHC plan; and

(b) consult the child's parent or the young person.

(c) consult the head teacher, principal or equivalent person at the educational institution that is named in the EHC plan.

(2) Where, following that consultation the local authority determines to cease to maintain the child or young person's EHC plan, it must notify the child's parent or the young person, the institution named in the child or young person's EHC plan and the responsible commissioning body of that decision.

(3) When notifying the child's parent or the young person of its decision to cease to maintain the EHC plan, it must also notify them of—

(a) their right to appeal that decision.
(b) the time limits for doing so.
(c) the information concerning mediation, set out in regulation 32

You may also wish to read our Guide number 47 Appeals “Challenge Cease to Maintain” and also our podcast number 4 EHCPs all found on our website.

Listen to our SENDIASS Podcasts: Season 1 - Episode 3-4

You may wish to read the following:

Fact sheet 47 - Challenge Cease to Maintain

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