Getting rid of EHCP

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supermummy
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Getting rid of EHCP

Postby supermummy » Mon Nov 22, 2021 11:23 am

Has anyone successfully got rid of a EHCP where it is no longer needed, child would not qualify but school wants to keep the funding? I don’t want to have to call the council but if school don’t agree it could be tricky.
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2009Kat
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Re: Getting rid of EHCP

Postby 2009Kat » Mon Nov 22, 2021 2:16 pm

This is a decision for the local authority as they are the ones that determine whether a plan is necessary and whether to maintain it.
After the annual review, in accordance with the legal framework, the authority needs to decide whether to (1) continue the plan as it is (2) amend the plan or (3) cease the plan. So if you really want rid, either ask at annual review if that’s scheduled anytime soon or ask for an emergency annual review if you think there’s a need. IPSEA website is the best place for good information on EHCP processes and the legal framework.
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supermummy
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Re: Getting rid of EHCP

Postby supermummy » Mon Nov 22, 2021 2:39 pm

the reality is local authority don’t know what is happening as school recommends it continues each year and are not incentivised to lose funding. seems a fundamental flaw to me. we have review coming up. thanks for taking time to reply!
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Bbkl
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Re: Getting rid of EHCP

Postby Bbkl » Mon Nov 29, 2021 7:30 am

Maintaining the EHCP is evidence based, and with the state of finding being what it is the local authority would be happy to cease the plan.
At the next review you need to present evidence that the plan is no longer needed. This would essentially be that the outcomes in the plan have been met, and that there are no further outcomes related to the child’s SEN to set.
If the school disagrees that the outcomes have been met, they’ll need to provide evidence for these ongoing needs.
In this case your evidence might need to come from outside school eg from a paediatrician, speech therapist, occupational therapist depending on the nature of the needs.
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Bbkl
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Re: Getting rid of EHCP

Postby Bbkl » Mon Nov 29, 2021 8:20 am

You might want to consider asking for changes in provision rather than ceasing the plan altogether. For example if there are currently TA hours written into the plan, seeking to change this to use of technology or support in a more defined area of learning.
Needs change with age/demands of stages of education; I don’t know how old your child is but it would be far easier to amend an existing plan eg to meet the new challenges of secondary than to start the process from scratch. An ehcp also allows you to name a school at phase transfer which can be helpful if you’d prefer a school that’s out of catchment.
IPSEA mentioned above has useful legal advice and there’s also SOSSEN, with a helpline and drop in legal advice at a few locations around SW London.
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