Case Law Update 34 – B and M v Cheshire East Council – When a local authority can cease to maintain an EHC Plan

This is part of our case law series reviewing judgements relating to the implementation of the Children and Families Act 2014.

Each review looks at a specific case and explains the potential implications for parents, local authorities and sector practitioners. The reviews have been produced for us by Barrister Steve Broach.

In this update, the Upper Tribunal set aside a decision of the First-tier Tribunal that the local authority was entitled to cease to maintain an EHC plan of a severely disabled young person. There are numerous reasons why it may be necessary for a local authority to continue to maintain an EHC plan, and the question is not simply whether the outcomes in the plan have been achieved.