Ceasing EHCPs

Why might it be of interest?

There are not that many grounds to cease an EHCP but it can get confusing so it is worth knowing what the main grounds are, what are not grounds for ceasing and things you might able to do to keep the EHCP current.

When can an EHCP cease?

When a young person is:

• Leaving education for employment
• Going to university – you cannot have an EHCP at university, but the EHCP should stay in place until the first day of the university term
• Over 18 and not in education or going to be in education
• New LA, eg moved
• A young person is over 25

What the LA must consider

• Section E outcomes
  • Outcomes being met is not, on its own, a reason to cease an EHCP
  • Outcomes could need updating
• Does the young person need the EHCP to get provision in section F
  • eg could it be provided by college anyway?
• Does the young person want to stay on in education
  • To complete or consolidate learning
• Is there anything still to be achieved
  • Not just academic qualifications or attainments
  • Vocational skills
  • Life skills
  • Independent skills
• Keep the young person’s views in mind

Process to cease

Inform and consult with:

• Parents
• Young person
• Placement

Confirm in writing:

• Cease to maintain notice
• Set out reasons

What can parents / young person do if you don’t agree?

• You can appeal after official notice
  • The notice will include information on how to appeal
• Appeal to Tribunal
• EHCP remains in place until either:
  • Timeframe to lodge an appeal expires
  • 2 months after notice
  • Appeal concluded
• EHCP ends or it doesn’t
• Opportunity to challenge content at appeal if needed

There must be an educational need to maintain an EHCP – and, therefore for social and health care needs to continue to be delivered via the EHCP.  If there is no educational need the EHCP will cease and the therapies will also cease.

Apprenticeships – does the EHCP continue?

• It depends on the level of the apprenticeship
• You need details about the educational level
  • If the education level is still at a ‘further education’ level the EHCP can continue
  • If the education level is at higher education the EHCP will cease
• The early stage apprenticeships will not be at higher education levels so this shouldn’t be an issue
• Explore the demands of the apprenticeship carefully
  • They are full time courses including study and working so there are significant demands on the young person

Staying in education until 25

This is potentially an option but it is not a given.  A young person cannot repeat the same course (even at a different college) to remain in education – there must be some progression from a completed course.  The SEN Code of Practice allows for a young person to take longer to complete their studies so it is possible for a 3 year course, for example, to be extended for a year (or longer technically but this is quite rare).

However, progression is a flexible term!  Many of our young people need repetition to embed new skills and it can seem reasonable to us, as parents, to repeat a course to support embedding new skills.  Courses at specialist colleges are very tailored to individual needs so it is quite possible that the necessary repetition can be accommodated.

If you cannot demonstrate an educational need or benefit then your young person will have to leave education and if they are eligible for adult social care then they would be assessed and offered a package from adult social care to support their daily living needs.

This can feel like a very big step but it comes at some point regardless and it may be that even in their early 20s your young person has got as much out of an educational placement as they can and that the support provided by a care package can better offer what your young person now needs.