Appealing decision to cease to maintain Statement/EHCP

Ceasing to maintain a Statement of SEN or Education, Health and Care Plan (EHCP) means that it is cancelled.

The effect is that the support that was detailed in the Statement or the EHCP may no longer be provided to the child or young person. A decision to cease to maintain may happen when:

• The local authority conducts a transition from Statement to EHCP and decides, as a result, that an EHCP is not needed
• The local authority reassess the child or young person’s special educational needs and disabilities (SEND)
• Following an Annual Review of a Statement or EHCP

The decision to cease to maintain a Statement or EHCP can only be taken on the basis that the level of support is no longer necessary for the child or young person. A change of needs does not however mean that a Statement or EHCP should be ceased.

Ceasing to maintain should only happen when the school or college can provide adequate support to meet all the child or young person’s SEND without the Statement or EHCP.

How we can help

A decision to cease to maintain a Statement or EHCP can be appealed to the Special Educational Needs and Disability Tribunal (SENDIST).

It is advisable to start an appeal to the SENDIST as soon as possible after receiving a decision to cease to maintain. Once you start an appeal to the SENDIST, it will have the effect of ‘pausing’ the decision. That means that whilst the appeal is taking place, the Statement or EHCP remains ‘live’.

If the decision relates to an EHCP, you will need to obtain a mediation certificate before sending an appeal to the SENDIST. The SENDIST must receive your appeal form no more than one month after the date on the mediation certificate, or two months from the date of the local authority’s decision, whichever is later.

We can advise whether mediation is likely to be successful. If you decide to proceed with mediation, we can help to make sure that you are properly prepared.

If an appeal is necessary, we can help you to prepare an appeal to the SENDIST, including your evidence, seeking further evidence as necessary, and making written representations. We can also represent you at the final hearing.

It is important to be able to present the case in such a way that the evidence that you have points to the legal test being met. We will provide clear and detailed advice, from the outset, about prospects of success and any further evidence that may be required.