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Section 45: Ceasing to maintain an EHC plan

Children and Families Act 2014 · 2014 c. 6View on legislation.gov.uk

Part 3: Children and young people in England with special educational needs or disabilities

A local authority may cease to maintain an EHC plan for a child or young person only if—

the authority is no longer responsible for the child or young person, or
the authority determines that it is no longer necessary for the plan to be maintained.

The circumstances in which it is no longer necessary for an EHC plan to be maintained for a child or young person include where the child or young person no longer requires the special educational provision specified in the plan.

When determining whether a young person aged over 18 no longer requires the special educational provision specified in his or her EHC plan, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.

A local authority may not cease to maintain an EHC plan for a child or young person until—

after the end of the period allowed for bringing an appeal under section 51 against its decision to cease to maintain the plan, where no such appeal is brought before the end of that period;
after the appeal has been finally determined, where such an appeal is brought before the end of that period.

Regulations may make provision about ceasing to maintain an EHC plan, in particular about—

other circumstances in which it is no longer necessary for an EHC plan to be maintained;
circumstances in which a local authority may not determine that it is no longer necessary for an EHC plan to be maintained;
the procedure to be followed by a local authority when determining whether to cease to maintain an EHC plan.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.