Ending an EHCP

An EHCP can stay in place until a child or young person no longer needs it, or until a young person finishes education or training (up to age 25).

When a local authority decides to end an EHCP, this is called ‘ceasing to maintain’ the plan.

If an EHCP is ended, the local authority no longer has a legal duty to make sure the special educational provision written in the plan is delivered. However, an EHCP cannot just stop suddenly. There is a legal process to follow, and the plan usually stays in place for a period of time, especially if you disagree with the decision and appeal.

What must happen before an EHCP is ended

Before making a final decision, we must:

tell you we are considering ending the EHCP
take account of your views, wishes and feelings as well as those of your child
consult with your child’s place of education (if they are attending one)

This usually happens as part of an annual review.

If we decide to go ahead, we must send a formal written letter (often called a ‘cease to maintain notice’). This letter should explain:

that the EHCP is being ended
why the decision has been made
which legal reason is being relied on
your right to appeal
how long you have to appeal

If you disagree with the decision to end the EHCP, you can appeal. More information about what you can do if you disagree with a decision.

The support in the EHCP continues until the appeal deadline has passed, or if you appeal, until the SEND tribunal makes a decision.

Why an EHCP might come to an end

By law, we can only end an EHCP for one of two reasons:

1. We are no longer responsible

This can happen if a young person:

moves into higher education (such as university)
starts full‑time paid work (not an apprenticeship)
leaves education or training at 18+ and does not want to return
reaches the age of 25
moves permanently outside England

Age alone is not a reason to end an EHCP.

2. The EHCP is no longer necessary

This means we believe the child or young person:

no longer needs the special educational provision in the plan, or
(for young people over 18) has achieved their education or training outcomes

We must look at evidence, not assumptions, and should consider whether new outcomes are still needed before ending the plan.

Education, health and care plans (EHCPs)

Step 1
If you feel that your child is not making progress, you might be considering requesting an EHC needs assessment - but, the quickest way to get some extra support for your child is to speak to staff at their school, college or other place of education. We'd always recommend having these conversations before proceeding with a request for assessment.
Step 2
Follow our guidance on how to make a request, who should be involved in making the request and what happens once you have submitted it. We must give you a decision about whether or not we'll carry out an assessment within six weeks of your request.
Step 3
Find out more about what happens if we agree to carry out an assessment. We must tell you whether or not we will issue an EHCP within 16 weeks of your request.
Step 4
The Local Authority will create a draft EHCP and send you a copy. You will have 15 calendar days to give your suggested amendments and views before a final plan is issued. We must issue a final EHCP within 20 weeks of your original request.
Step 5
Over time, your child’s needs may change. We will review their EHCP each year as a minimum to ensure it continues to meet their needs.
Step 6
Find out more about what will happen if you need to transfer an EHCP into or out of Devon.
1. Transferring an EHC plan

What must happen before an EHCP is ended

Why an EHCP might come to an end

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Get in touch

Partner websites

DiAS (Devon Information Advice and Support)

Support for schools and settings

Children and Family Health Devon

Parent Carer Forum Devon