The Special Educational Needs and Disability Regulations 2014

Ceasing to maintain an EHC plan E+W

Circumstances in which a local authority may not cease to maintain an EHC plan where the person is under the age of 18 E+W

29.—(1) A local authority may not cease to maintain an EHC plan for a child or young person under the age of 18 unless it determines that it is no longer necessary for special educational provision to be made for the child or young person in accordance with an EHC plan.

(2) Where a child or young person under the age of 18 is not receiving education or training, the local authority must review the EHC plan in accordance with regulations 18 and 19 and amend it in accordance with regulation 22 where appropriate, to ensure that the young person continues to receive education or training.

Circumstances in which a local authority may not cease to maintain an EHC plan where the person is aged 18 or over E+W

30.—(1) When a young person aged 18 or over ceases to attend the educational institution specified in his or her EHC plan, so is no longer receiving education or training, a local authority may not cease to maintain that EHC plan, unless it has reviewed that EHC plan in accordance with regulations 18 and 19 and ascertained that the young person does not wish to return to education or training, either at the educational institution specified in the EHC plan, or otherwise, or determined that returning to education or training would not be appropriate for the young person.

(2) Where following the review, the local authority ascertains that the young person wishes to return to education or training either at the educational institution specified in the EHC plan, or at another educational institution, and determines that it is appropriate for the young person to do so, it must amend the young person's EHC plan as it thinks necessary in accordance with regulation 22.

Procedure for determining whether to cease to maintain EHC plan E+W

31.—(1) Where a local authority is considering ceasing to maintain a child or young person's EHC plan it must—

(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; and

(d) the availability of—

(i) disagreement resolution services; and

(ii) advice and information about matters relating to the special educational needs of children and young people [F1 ; and

(e) the First-tier Tribunal's power to make recommendations under the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017.]

Textual Amendments

F1 Reg. 31(3)(e) and word inserted (3.4.2018) by The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 (S.I. 2017/1306), regs. 1, 8(2)

Modifications etc. (not altering text)

C1 Reg. 31(3) applied (with modifications) (1.4.2015) by The Special Educational Needs and Disability (First-tier Tribunal Recommendation Power) (Pilot) Regulations 2015 (S.I. 2015/358), regs. 1, 7