If we register our child through the standard secondary school admission process, will their EHCP automatically cease?
Our adopted, Year 6, daughter has an EHCP with VI as the main need. We chose a secondary school for her with a specialist VI unit, in a different county. They can definitely meet needs but have yet to agree to the placement. If we went through the standard admissions, she would be given a place in our chosen school as she is a previously looked-after child. But we have been told by our Local Authority that if we do that, the EHCP will cease. Is that correct, would that be a legal move?
A: SenseCheck
- 1 Yes
- 2 No
- 0 Other
- 28 Jan 2026
-
No
|
Simple
SUMMARY
If your child has an EHCP, it does not automatically end just because you apply for or accept a secondary school place through the normal admissions process. The plan stays in place and moves with your child to the new school unless and until the local authority lawfully decides to stop it.
DOES AN EHCP AUTOMATICALLY CEASE ON SECONDARY SCHOOL ADMISSION?
The short answer is no. Registering or securing a place for a child through the standard secondary school admissions process does not of itself bring an Education Health and Care Plan to an end.
Under the Children and Families Act 2014 an Education Health and Care Plan remains in force until it is lawfully ceased by the local authority. There is no provision in the legislation which allows an Education Health and Care Plan to lapse automatically because a child transfers from primary to secondary school or because a parent has participated in the mainstream admissions process.
CONTINUITY ON TRANSFER TO SECONDARY SCHOOL
Where a child with an Education Health and Care Plan moves phases of education:
- the plan continues;
- the local authority remains responsible for securing the special educational provision in Section F; and
- the named school in Section I should be amended following the phase transfer review.
The expectation in law and guidance is that an Education Health and Care Plan supports continuity rather than disruption at key transition points.
HOW AND WHEN AN EHCP CAN LAWFULLY CEASE
An Education Health and Care Plan can only cease if the local authority follows the statutory process, gives formal written notice, explains the reasons for ceasing the plan and informs the parent or young person of their right of appeal to the First-tier Tribunal (Special Educational Needs and Disability).
Common lawful reasons include where the authority considers that the child no longer requires special educational provision to be made via an Education Health and Care Plan. This is a decision that must be evidenced and is challengeable. Simply naming or attending a mainstream secondary school is not a lawful reason on its own.
KEY LEGAL PRINCIPLES
- participation in the mainstream admissions system does not waive or surrender statutory rights;
- parental choice of school does not remove the duty to maintain an Education Health and Care Plan; and
- cessation requires a formal decision not an administrative assumption.
Practical hints and tips
- Always assume the Education Health and Care Plan continues unless you receive a formal cessation notice.
- Check Section I of the plan is amended to name the secondary school following the phase transfer review.
- If a local authority suggests the plan has ended automatically ask for the decision in writing.
- Remember appeal rights only arise after a formal decision is issued.
- 12 Jan 2026
-
Yes
|
Other
Super Simple summary to help a parent explain the law to a child
An Education Health and Care Plan is like a special instruction book that helps your school know how to help you learn.
Just because you go to a new big school using the normal joining rules does not mean your instruction book disappears.
It only stops if the council follows special rules and tells everyone properly.Summary in simple English
Registering your child for a secondary school place through the normal admissions process does not automatically end their Education Health and Care Plan.
The plan stays in place unless and until the local authority formally decides to stop it and follows the legal process to do so.
A school change on its own is not enough to bring an Education Health and Care Plan to an end.Draft technical answer
Short answer
No. Registering or admitting a child to secondary school through the standard secondary school admissions process does not automatically cause an Education Health and Care Plan to cease.
Legal position
An Education Health and Care Plan continues in force unless it is lawfully ceased by the local authority in accordance with statute. There is no provision in law that provides for automatic cessation of an Education Health and Care Plan merely because a child takes up a school place through the usual admissions route.
Under the Children and Families Act 2014, an Education Health and Care Plan remains in place while a child or young person continues to have special educational needs that require provision to be made via a plan.
A local authority may only cease to maintain an Education Health and Care Plan if it is satisfied that one of the statutory grounds for cessation applies. These include circumstances where the child or young person no longer requires the special educational provision specified in the plan. Attendance at a mainstream secondary school following a standard admissions process does not of itself meet that threshold.
Process required to cease an Education Health and Care Plan
Where a local authority is considering ceasing an Education Health and Care Plan it must:
follow the statutory process
give written notice to the parent or young person
explain the reasons for the proposed cessation
inform the parent or young person of their right of appeal to the First-tier Tribunal (Special Educational Needs and Disability)
Until that process is completed and any appeal rights are exhausted or expire, the Education Health and Care Plan remains legally in force and binding.
Effect of secondary school transfer
Transfer to secondary school is normally managed through an Education Health and Care Plan review and amendment process. The plan should be reviewed and, if necessary, amended to name the new secondary school and update provision. The correct legal route is amendment, not cessation, unless the statutory test for cessation is met.
Local authorities sometimes incorrectly assume that entry through the normal admissions system means that an Education Health and Care Plan is no longer required. That assumption is wrong in law.
Key point
An Education Health and Care Plan does not end by implication, assumption or administrative convenience. It ends only by a lawful decision, taken for lawful reasons, following the correct statutory procedure.
Relevant Statutes, Regulations, Codes and Case Law
Children and Families Act 2014 section 45 (duty to maintain an Education Health and Care Plan)
Children and Families Act 2014 section 45(3) (grounds for ceasing to maintain a plan)
Special Educational Needs and Disability Regulations 2014 regulation 37 (procedure for ceasing an Education Health and Care Plan)
Special Educational Needs and Disability Code of Practice 2015 paragraphs 9.193 to 9.210 (ceasing an Education Health and Care Plan)
Practical hints and tips
If a local authority suggests that the Education Health and Care Plan has “lapsed” or “ended automatically” because of secondary admission, ask them to identify the statutory power relied upon
Ask for written confirmation of whether the plan is being maintained, amended or proposed to be ceased
Do not rely on verbal assurances from schools or admissions teams
Remember that appeal rights only arise once a formal notice of cessation is issued
- 19 Dec 2025
-
No
|
Complex
The very brief answer is that the EHCP would not automatically cease and it would not be lawful for the Local Authority to terminate it automatically. However, there could be negative practical implications (for example, in relation to funding) if your daughter is sent to a school that is not the one named in Section I of the EHCP.
Super Simple summary to help a parent explain the law to a child
The plan is about you, not the building.
Even if you go to a new school, your plan still follows you.
But if the plan still has the old school’s name on it, grown-ups may argue about who must do what.
That is why it is better to update the plan so everyone is clear.Summary in simple English
If your child has an Education Health and Care Plan and starts a new school through normal admissions, the plan still legally exists and still belongs to your child.
The local authority still has duties to make sure the support in the plan is provided.
However, if the new school is not named in Section I of the plan, there can be practical and legal problems.
The safest and clearest route is usually to amend the plan so the new school is formally named.
Technical answer
Does an Education Health and Care Plan still apply if a child moves school via standard admissions?
Yes. An Education Health and Care Plan is a document that attaches to the child, not to a particular school or admissions route.
Where a child with an existing Education Health and Care Plan is admitted to a different school through the standard admissions process:
- the Education Health and Care Plan does not fall away;
- the local authority’s statutory duties under section 42 of the Children and Families Act 2014 continue; and
- the plan remains legally in force unless and until it is lawfully amended or ceased.
When an Education Health and Care Plan can lawfully cease
Under section 45 of the Children and Families Act 2014, a local authority may only cease to maintain an Education Health and Care Plan in limited circumstances, including:
- where it is no longer necessary for the plan to be maintained because the special educational provision is no longer required; or
- where the child or young person no longer requires special educational provision to be made via an Education Health and Care Plan.
The local authority must:
- give written notice of its decision to cease the plan;
- explain the reasons for that decision; and
- notify the parent of their right of appeal to the First-tier Tribunal (Special Educational Needs and Disability).
There is no provision in statute which allows an Education Health and Care Plan to cease merely because a parent applies for or accepts a school place through ordinary admissions arrangements.
Admissions do not determine the existence of an Education Health and Care Plan
A child with an Education Health and Care Plan may:
- apply for schools through standard admissions routes;
- be offered a place because of admissions priority (including previously looked-after child status); and
- attend a mainstream school,
without any automatic effect on the legal status of the Education Health and Care Plan.
The question of whether an Education Health and Care Plan should continue depends on need, not on how the school place was obtained.
Naming a school in Section I is a separate legal process
If a parent seeks for a particular school to be named in Section I of the Education Health and Care Plan, the local authority must consider that request in accordance with:
- section 39 of the Children and Families Act 2014; and
- the statutory presumption in favour of parental preference, subject only to the limited statutory exceptions.
Until the plan is formally amended and, if applicable, lawfully ceased, it remains in force.
Effect of Section I naming a different school
A critical distinction must be drawn between:
- the existence of the Education Health and Care Plan; and
- the school named in Section I of that plan.
If Section I of the Education Health and Care Plan names:
- a different school; or
- a type of school only; or
- no school (for example during a phase transfer dispute),
then broadly the legal position is as follows:
- the local authority remains under a duty to secure the special educational provision specified in Section F;
- the plan continues to apply to the child;
- but the absence of the new school’s name in Section I may lead to dispute about responsibility, funding, and practical delivery.
Duties of the local authority and the new school
Where a child with an Education Health and Care Plan is on roll at a school:
- the school must use its best endeavours to secure the special educational provision called for by the child’s special educational needs; and
- the local authority remains responsible for ensuring that the provision in Section F is secured.
The fact that the child was admitted via standard admissions does not relieve the local authority of its section 42 duty.
Why amending the Education Health and Care Plan matters
Although the Education Health and Care Plan continues to apply in law, failure to amend Section I to name the new school can result in:
- arguments that the plan is “out of date”;
- delay or resistance in funding arrangements;
- uncertainty for the school about its legal status; and
- increased risk of the local authority seeking to review or cease the plan.
For that reason, while it is not legally required for the plan to be amended before the child starts at the new school, it is usually strongly advisable to pursue a formal amendment to Section I as soon as possible.
Interaction with cross-border placements
Where the new school is in a different local authority area:
- the original local authority remains responsible for maintaining the Education Health and Care Plan unless and until responsibility lawfully transfers;
- inter-authority funding and commissioning issues do not affect the child’s legal entitlement to provision.
|
Comment