What Happens When a Local Authority Wants to End an EHCP?

If your child or young person has an Education, Health and Care Plan (EHCP), you may receive a notice from your Local Authority stating that they intend to cease maintaining the plan. However is this the right decision? And what can you do if you disagree?

At Watkins Solicitors, our Education Law team has extensive experience helping families challenge unfair decisions and secure the right support for their child or young person.

Can an EHCP Be Maintained Until Age 25?

Yes—an Education, Health and Care Plan (EHCP) can remain in place until a young person turns 25, provided they still require education or training. This applies to those continuing in college, apprenticeships, or supported learning. (although not Universities)

However, some Local Authorities attempt to stop maintaining an EHCP if they believe the young person no longer needs educational support. In many cases, this decision is based more on cost-cutting than a proper assessment of the young person’s needs.

Parents often assume that EHCPs automatically end at 18, but this is not true.

That said, there are situations where ceasing an EHCP may be appropriate, particularly if the young person is transitioning to adult social care, where different support structures apply.

Can You Challenge This Decision?

Yes—if you receive a cease to maintain decision, you have the right to appeal. Importantly, while the appeal is ongoing, the EHCP remains in place (Children and Families Act 2014, s45(4)). This can be a crucial legal tool if you are seeking additional years of education or continued support.

If you challenge the decision, the Local Authority must prove that education or training is no longer necessary. You can provide evidence such as:

• Reports from teachers or tutors showing progress or ongoing needs
• Assessments from therapists or specialists (e.g., Speech and Language, Occupational Therapy)
• Statements from colleges or apprenticeship providers confirming that more support is required

The Impact of Losing an EHCP

If the EHCP ends, the young person will no longer have a legal right to:

• Special educational provision
• Health therapies such as Speech and Language Therapy (SALT) or Occupational Therapy (OT) may also cease if provided under the EHCP
• One-to-one support in educational settings

In some cases, the young person may be moved to adult social care services instead—but this can result in a significant loss of support. Unlike children’s services, adult social care:

• Does not automatically provide therapies like SALT or OT
• Often requires families to fight for continued services
• Uses different legal criteria, meaning some support could be removed entirely

If a young person is moved to a day centre rather than college, the EHCP cannot name a day centre as an education placement. This means their legal entitlement to education and training could be lost.

How to Protect Your Child’s Support

If your child is moving to adult social care, it is crucial to ensure essential support is transferred. Important documents such as:

• Care Act Assessments
• Care and Support Plans

must accurately reflect the education and health needs previously outlined in the EHCP. Otherwise, vital services could disappear overnight.

Many families are shocked to find that therapies their child relied on for years suddenly stop. However, with the right legal support, it is possible to ensure these services continue through adult social care provisions.

We Can Help

If you are facing an EHCP being stopped and are worried about losing essential support, our expert Education Law solicitors can help. We can assist with:

• Appealing a cease to maintain decision
• Ensuring the correct support is included in adult social care plans
• Challenging unfair reductions in services
• Helping secure additional years of education where appropriate

Our team is here to protect your child’s future and fight for their rights. Contact us today for expert legal advice: info@watkinssolicitors.co.uk