Plans don't end at 16

The framework runs to 25, not 16

““young person” means a person over compulsory school age but under 25.”

Children and Families Act 2014, s.83(2)

“A local authority may continue to maintain an EHC plan for a young person until the end of the academic year during which the young person attains the age of 25.”

Children and Families Act 2014, s.46

And the Code of Practice closes the “too old now” argument directly: “Local authorities must not cease to maintain the EHC plan simply because the young person is aged 19 or over.” (SEND Code of Practice (January 2015), para 9.200).

The only lawful grounds for ceasing a plan

“A local authority may cease to maintain an EHC plan for a child or young person only if— the authority is no longer responsible for the child or young person, or the authority determines that it is no longer necessary for the plan to be maintained.”

Children and Families Act 2014, s.45(1)

“No longer necessary” is about the provision, not the birthday: the statute's own example is where the child or young person “no longer requires the special educational provision specified in the plan” (s.45(2)). Two reinforcements:

• Under 18, the responsibility ground narrows to nothing: “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.” (SEND Regulations 2014 (SI 2014/1530), reg 29(1))
• Over 18, outcomes matter: “When determining whether a young person aged over 18 no longer requires the special educational provision specified in his or her EHC plan, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.” (Children and Families Act 2014, s.45(3)) — if the plan's outcomes have not been achieved, that must be weighed.

Before any of this, the LA must tell you it is considering ceasing, and consult: “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.” (SEND Regulations 2014 (SI 2014/1530), reg 31(1)).

The decisive right: the plan continues while you appeal

This is the right that most families are never told about, and it is in the Act itself, not guidance:

“A local authority may not cease to maintain an EHC plan for a child or young person until— after the end of the period allowed for bringing an appeal under section 51 against its decision to cease to maintain the plan, where no such appeal is brought before the end of that period; after the appeal has been finally determined, where such an appeal is brought before the end of that period.”

Children and Families Act 2014, s.45(4)

The Code of Practice states the effect plainly: “Local authorities must continue to maintain the EHC plan until the time has passed for bringing an appeal or, when an appeal has been registered, until it has been concluded.” (SEND Code of Practice (January 2015), para 9.209). A plan that must be maintained is a live plan — and the duty that attaches to every maintained plan, to secure the Section F provision in full (s.42 — see what you're owed), attaches to it. In practical terms: a cease decision does not switch anything off on the day the letter arrives. Registering an appeal keeps the plan — and the provision — in place until the Tribunal decides.

The appeal right and your deadline

A cease decision is squarely appealable — the appealable matters in section 51(2) include “a decision of a local authority under section 45 to cease to maintain an EHC plan for the child or young person.” (Children and Families Act 2014, s.51(2)(f)). The clock is the standard one: normally 2 months from the date the LA sent the decision, or 1 month from a mediation certificate, whichever is later — and the certificate step itself is explained on /mediation-or-appeal.

Work out your exact appeal deadline

The calculator quotes the rule (rule 20(1)(c), Tribunal Procedure (HESC) Rules 2008) and computes the later-of date from your letters — in your browser, nothing uploaded.

The letter: put the test back on the table

If a considering-to-cease or cease letter has arrived, this letter responds with the statutory test, your evidence that the provision is still required, and a request for written confirmation that the plan and its provision continue in the meantime.