Appealing decision to cease to maintain EHCP solicitors
We help challenge decisions to protect children and young people's futures.
When a local authority decides to cease maintaining an Education, Health and Care Plan (EHCP), it can create significant uncertainty for children, young people and their families.
In many cases, an EHCP remains essential to ensuring that the child or young person receives the educational provision, therapies and specialist support they need to achieve their potential. If you disagree with a decision to cease maintaining an EHCP, you may have the right to appeal.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Experienced in all SEN appeals including SEND Tribunal appeals, where local authorities seek to cease maintaining an EHCP.
- Transparent and flexible fee structures, including capped fee options where appropriate.
Can I appeal a decision to cease to maintain an EHCP?
If a local authority decides to cease maintaining an EHCP, parents, carers and young people have the right to appeal the decision if they believe the plan is still necessary.
A local authority should only cease maintaining an EHCP where it is satisfied that the child or young person no longer requires the special educational provision set out in the plan. If you believe the decision does not properly reflect your child’s needs, or that they continue to require the support and provision outlined in their EHCP, you may be able to challenge the decision through the SEND Tribunal.
You may have grounds to appeal where:
Your child continues to require specialist support: Your child’s needs may still require the additional educational provision, therapies or adjustments provided through an EHCP.
The LA has not considered all relevant evidence: The decision should take into account up-to-date information from schools, healthcare professionals, therapists and other specialists involved in your child’s care and education.
Your child’s progress has been incorrectly interpreted: Making progress does not necessarily mean that an EHCP is no longer required. Often, progress is achieved because the support and provision in the plan are effective.
Ceasing the EHCP would negatively impact your child’s education: If removing the EHCP would mean your child loses access to essential support or reasonable adjustments, this may support an appeal.
The decision does not reflect your child’s current circumstances: The LA must consider your child’s individual needs, development and future educational requirements before deciding to cease maintaining an EHCP.
The SEND Tribunal will consider whether the local authority’s decision was correct based on the evidence available. Our specialist education solicitors can advise on your options, help prepare your appeal and support you throughout the process.
Cease to maintain an EHCP FAQs
Why would a local authority cease maintaining an EHCP?
An LA may decide to cease maintaining an EHCP when it believes that a child or young person no longer requires the special educational provision set out in the plan. This decision should only be made following a careful review of the child or young person’s needs, progress and circumstances.
Common reasons a local authority may consider ceasing an EHCP include:
The child or young person’s needs have changed: The LA may consider that their special educational needs have reduced or changed to the extent that the support provided through an EHCP is no longer required.
The child or young person’s needs can be met without an EHCP: The LA may believe that the child or young person’s education setting can provide appropriate support through its existing resources and SEN support arrangements.
The outcomes in the EHCP have been achieved: If the child or young person has made significant progress and achieved the outcomes set out in their plan, the LA may consider whether continued maintenance of the EHCP is still necessary.
A change in education or circumstances: A change in school, college, training placement or personal circumstances may lead the LA to review whether an EHCP remains appropriate.
However, making progress does not automatically mean that a child or young person no longer needs an EHCP. In many cases, progress is only possible because the specialist support and provision set out in the plan are in place.
If you disagree with a decision to cease maintaining an EHCP, you may have the right to appeal to the SEND Tribunal. Our specialist education solicitors can advise on your options and help you challenge decisions where you believe continued support is necessary.
What does it mean when a local authority decides to cease maintaining an EHCP?
When a local authority decides to cease maintaining an EHCP, it means they believe the child or young person no longer requires the special educational provision set out in the plan and that the EHCP should come to an end.
Will the provision stop straight away after a decision to cease to maintain?
If the local authority issued a cease to maintain notice, the funding, and provision will not stop straight away and the EHCP must continue as written until either of the following happens:
- The deadline to lodge an appeal against the local authority’s decision passes, or
- An appeal is concluded, and decision issued by the SEND Tribunal
What are the time limits for appealing a cease to maintain decision?
There are strict time limits for appealing an EHCP. To appeal an EHCP, you must file your appeal within:
- Two months of the date on the local authority’s decision letter, or
- One month from the date of a mediation certificate (whichever is later)
If you miss these deadlines, the SEND tribunal may refuse your appeal. Early legal advice is therefore recommended to ensure your appeal is submitted on time and properly prepared to ensure you meet the deadlines.
What evidence can help support my cease to maintain appeal?
The evidence required to support a cease to maintain appeal will depend on the individual circumstances of the child or young person. This may include reports from education professionals, medical specialists, therapists and other experts, alongside evidence demonstrating that the support and provision within the EHCP remain necessary.
Our specialist SEN solicitors have extensive experience in SEND matters and work with leading experts to help identify, gather and present the most appropriate evidence to strengthen your appeal. We can provide clear guidance throughout the process, ensuring your case is supported by the evidence needed to demonstrate why the EHCP should continue.
What happens if my cease to maintain appeal is successful?
If your cease to maintain appeal is successful, the LA’s decision to end the EHCP will be overturned, meaning the EHCP will continue to be maintained.
What are my chances of success when appealing a decision to cease maintaining an EHCP?
The outcome of a cease to maintain appeal will depend on the individual circumstances of the child or young person and the strength of the evidence available.
Before starting any appeal, our specialist SEN solicitors will carefully review your case, assess whether an appeal is appropriate and advise on the best approach to give you the strongest chance of success. We will work with you to understand your child’s needs, identify the key issues and put a clear plan in place for presenting your appeal.
The SEND Tribunal will consider whether the LA’s decision was correct, including the child or young person’s current special educational needs, the support and provision they require, the evidence provided by professionals and whether the local authority properly followed the correct process when deciding to cease maintaining the EHCP.
How much does it cost for Boyes Turner's SEN services?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Find out more about our fees and funding options.
Why use our cease to maintain appeal solicitors?
- Specialist experience in SEN law: Our solicitors have extensive experience advising families on the full range of special educational needs legal processes. Our expertise ensures you receive clear, accurate advice grounded in a detailed understanding of the law and how local authorities apply it in practice.
- By your side at every stage: Our role extends beyond individual appeals or decisions. We build a strong understanding of your child’s needs and provide continued guidance, from assessing your options and preparing your case through to helping you address future challenges as they arise.
- Supportive and collaborative approach: The SEN process can be overwhelming. We work closely with families, schools, professionals and other advisers to ensure all evidence and communication is aligned and coherent. This collaborative approach helps streamline the process and strengthens your case.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
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