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A levels in middle of EHCP year - can provision be ceased?

Learning as we go...

Hi

Our 19yr old ASD young person is going through the EHCP annual review process.  A levels fall in the middle of their EHCP year.

Our local authority are proposing that our young person is given provision through to the end of the summer term only., and not for the full EHCP year (2 more terms).  They have intimated that they will support retakes, but won't put provision for this in to the new EHCPs provision now, and if the grades needed for a place at university are achieved this summer they will cease the EHCP immediately (ie in August before the start of the September term)  because the young person will no longer be 'progressing academically' even though the education provision in the EHCP also covers transition to adulthood skills as well as A levels.

The professionals supporting our young person don't feel they are ready to go to university this September becasue they don't have adequate independence skills at this stage and they represented this view at the Annual Review.  The education povision in the expiring EHCP covers transition to adulthood ie independence skills, and this outcome in the EHCP has not been met.

Has anyone else had a local authority try to end EHCP provision once A levels have been sat even before results are known and when independence skills are deemed to be inadequate for transition to university / work / training / apprenticeship?

We understand we have to appeal now, as we can only appeal the EHCP provision as part of the annual review process.  We therefore have to appeal now to avoid arriving at the start of the September term with no university place / a place that the young person is not able to take up, and no provision. 

Any advice as to how to handle this?  

  • Hi, 
    I realise that this post was some time ago, but just wanted to know what the outcome of your situation was. I’m currently in the process of applying for an EHCP for my daughter and wondering what support I can ask for. Would you mind telling me what extra provision your child got.

    Many Thanks .

  • in reply to Peter

    Hi Peter - thanks for taking so much trouble with your reply and digging out this guidance.  I hadn't thought of the potential timescale considerations of going via mediation - thanks for sowing that seed!  When we went to tribunal to get provision in the first place, they classified teaching of transition to adulthood skills as education, so I guess we have to use that angle when we appeal.  I hope the move to get EHCPs to transfer across to university in place of the DSA comes to pass soon...

  • in reply to Kate Kestrel

    we thought that too but as per the post below, but I checked with teh IASS and it seems if the council deem it no longer necessary eg becasue progress is no longer being made in education they can cease provision even if the young person is not in education / training / apprenticeship / work and I have heard this is very common around age 19 in our area unfortunately.

  • in reply to Peter

    That said I think there is a good chance that if between mediation and appeal he passes his A levels the appeal will fail on the grounds that if the decision was remade with that extra information it might be considered reasonable (#notlegaladvice I am not a lawyer maybe you should speak to one.)

    So hypothetically if you go for mediation then appeal and he passes you'd still be entitled to support until the appeal ends (assuming they find against you). on the other hand if he fails you would have a much better chance of winning since even they have admitted it would be reasonable to extend provision under those circumstances (but they wouldn't be obligated to if you don't appeal, you'd have to rely on their honesty that they would actually do so.)

  • section 45 of the children and familys act says:

    45 Ceasing to maintain an EHC plan
    (1)A local authority may cease to maintain an EHC plan for a child or young person only if—

    (a)the authority is no longer responsible for the child or young person, or

    (b)the authority determines that it is no longer necessary for the plan to be maintained.

    (2)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.

    (3)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.

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

    (a)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;

    (b)after the appeal has been finally determined, where such an appeal is brought before the end of that period.

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

    (a)other circumstances in which it is no longer necessary for an EHC plan to be maintained;

    (b)circumstances in which a local authority may not determine that it is no longer necessary for an EHC plan to be maintained;

    (c)the procedure to be followed by a local authority when determining whether to cease to maintain an EHC plan.

    subsections 2 and 3 suggest that is the educational provisions and the educational or training outcomes in the plan that matter when the local authority comes to end a plan, not independent living skills. But right now they don't know for sure he will pass his A levels so really they shouldn't be counting their chickens before they're hatched and setting an end date for the plan. (#notlegaladvice) And yes based on section 51 of the act it appears you must appeal the amendment that includes adding an end date to the plan if you want to appeal. You generally have 2 months to appeal or 1 month after you get a mediation certificate which ever is later. Have you considered mediation by the way? Because it occurs to me that with mediation followed by an appeal the provision might be stretched out by a few months even if you loose (see subsection 4) (#notlegaladvice).

  • The ‘expiring’ EHCP? I thought they were meant to go on til the person is 25?