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Appealing Decision To Maintain EHCP

//Appealing Decision To Maintain EHCP
Appealing Decision To Maintain EHCP 2017-11-17T15:03:18+00:00

When a local authority ceases to maintain an EHCP, this means it is effectively cancelled and all of the EHC support specified in the plan for your child will cease.

This cancellation may occur in cases where:

  • The SEN child with a pre-existing EHCP is re-assessed, for whatever reason, upon special request by the local authority and they deem the plan no longer necessary.
  • After the scheduled annual review, the local authority deems the plan no longer necessary; this would be done after consultation with the school, teachers or other professionals.

Accepting a decision to cease to maintain an EHCPA

At this point, we should point out that in some cases, both the parents and the LA making the cancellation do agree that the child’s school or college is providing sufficient support for their Special Education Needs, and so the plan is not necessary (and therefore the decision to cease to maintain the plan is not disputed).

Appealing a decision to cease to maintain an EHCP

Any decision to cease to maintain an EHCP can then be appealed to the Special Educational Needs and Disability Tribunal (SENDIST) – normally by the parents or family members of the child.

For SENDIST to accept an appeal, a mediation certificate must be obtained first to prove that a process of mediation has been completed between both parties of the dispute (i.e. yourself and the LA).