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
- 0 Yes
- 1 No
- 0 Other
- 17 Nov 2025
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No
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Simple
Dear Ms Laurent,
1. Short Answer
The straightforward answer is NO.
2. Why the Local Authority’s Position Is Incorrect
The Local Authority’s suggestion you have shared does not align with the legal framework. An EHCP may only be ceased where the statutory test in section 45 of the Children and Families Act 2014 is satisfied—that is, only where the child no longer requires the special educational provision set out in the plan.
As explained in the Noddy No-nonsense Guide to SEN Law 2025, section 10.02 states:
“The LA may cease to maintain a plan only where (1) it is no longer responsible for the child or young person or (2) it is no longer necessary for the plan to be maintained (CFA 2014, s45(1)).”
Further, the Guide clarifies at section 10.01:
“An EHCP may still be necessary even where a significant level of provision may only lead to a small amount of progress, as there is no requisite requirement of learning for an EHCP to continue.”
These passages reinforce that an EHCP cannot be ceased for administrative or procedural reasons unrelated to the child’s continuing need for the provision specified in the plan.
3. Why the Standard Admissions Process Does Not Determine Placement
For children with EHCPs, school placement is determined through the statutory EHCP amendment process, not through the standard admissions route. During the Year 6 transfer process, the Local Authority must amend the plan, consult appropriate schools—including your preferred school—and then name a school or, at the very least, a type of school in Section I. This must be completed by 15 February in the year of transfer, as required by regulation 18(1)(b) of the Special Educational Needs and Disability Regulations 2014.
A thorough search of schools is good practice.
4. If the Preferred School Is in a Different Local Authority
It makes no difference if your preferred school is in another Local Authority area. Under section 38 of the Children and Families Act 2014, you may express a preference for any suitable school in England. Your home Local Authority must consult the out-of-area school, and the legal test for naming it in Section I is exactly the same. If it is named, your home LA remains responsible for funding the placement. This has no bearing on whether the EHCP continues.
If your preferred school is a mainstream school, and your daughter’s attendance there would not undermine the efficient education of other children—and there are no reasonable steps that could be taken to remove any such incompatibility—then the only factor the Local Authority may consider is transport costs, and only when comparing your preferred mainstream school with other mainstream schools they propose. If the LA puts forward a special school but you prefer a mainstream school, then, all else being equal, the mainstream school should be named, and transport costs would not be a relevant factor.
5. Next Steps if You Disagree with the Local Authority
If the Local Authority refuses to name your preferred placement, or if it ceases to maintain the EHCP in these circumstances, you may appeal to the First-tier Tribunal. As this is a Year 6 transfer, you may also wish to request an expedited hearing, as the Tribunal often prioritises cases where timely resolution is essential for September entry.
I hope this guidance is of some assistance.
Regards,
Sean Kennedy.
17 Nov 2025
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