Rulebook · Decision or problem

The council decided to stop maintaining the EHC plan

The council has decided to stop maintaining the plan (sometimes called ceasing the plan). This can be appealed to the SEND Tribunal after getting a mediation certificate. The council cannot stop the plan until the time for appealing has passed. If an appeal is made in time, the plan continues until the appeal is decided. The help in the plan continues in the meantime.

The council may stop maintaining a plan only if it is no longer responsible for the child or young person, or it decides the plan is no longer necessary. Before deciding, the council must tell the parent or young person that it is thinking of stopping the plan, and consult them and the school or college named in it. The decision letter must also give information about the right to appeal, the time limit, mediation, disagreement resolution, and information and advice, and about the Tribunal's power to make recommendations. The council may not stop maintaining the plan until the time for appealing has ended, or, if an appeal is made in time, until it is finally decided. The duty to secure the provision continues meanwhile. For a young person aged over 18, the council must have regard to whether the education or training outcomes in the plan have been achieved. There is no rule that a plan ends when a young person turns 19. The test is still whether the plan is necessary. The Act lets a council keep a plan until the end of the academic year in which the young person turns 25. If a young person aged 18 or over has left education or training, the council must review the plan before stopping it. If they want to return and that is appropriate, the council must amend the plan instead. Moving to another council area in England does not end the plan: it transfers to the new council. If the Tribunal dismisses the appeal, the council must stop maintaining the plan straight away. If the Tribunal orders the council to continue the plan, the plan continues. If it orders the plan to continue with amendments, the council must also amend it within 5 weeks of the order. If the order also changes the school or college named, or the type, the amended plan may be due sooner, within 2 weeks of the order: the Regulations give 2 weeks for that change, and which of the two limits applies is not settled.

Appeal right: yes, an appeal to the SEND Tribunal (Children and Families Act 2014, s 51(2)(f)).

Ways to take this further

Listed in the order the rules give them. The order is not a ranking.

• Contact the mediation adviser (needed before most appeals)
• Mediation with the council
• Appeal to the SEND Tribunal
• Asking the Tribunal for health and social care recommendations (extended appeal)
• Talk to the council: a meeting, or asking for reasons in writing
• Disagreement resolution service
• Formal complaint to the council

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

issue.ceasing

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(2)(f)Law (Act or Regulations)
• Children and Families Act 2014, s 45(1)Law (Act or Regulations)
• Children and Families Act 2014, s 45(4)Law (Act or Regulations)
• Children and Families Act 2014, s 55(3)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations)
• SEND Regulations 2014, reg 31(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 31(3)Law (Act or Regulations)
• Children and Families Act 2014, s 42(2)Law (Act or Regulations)
• Children and Families Act 2014, s 45(3)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.200Code of Practice: must (restates the law)
• SEND Code of Practice 2015, para 9.151Code of Practice: must (restates the law)
• Children and Families Act 2014, s 46Law (Act or Regulations)
• SEND Regulations 2014, reg 30Law (Act or Regulations)
• SEND Regulations 2014, reg 15(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 44(2)Law (Act or Regulations)

Related

• Last day to contact a mediation adviser (needed before most appeals)
• Last day to appeal to the SEND Tribunal
• Ceasing (ending) a plan
• Higher education, paid work or an apprenticeship
• Decisions that can be appealed to the SEND Tribunal

See the ways to challenge

The whole rulebook