Do they tell you if they stop an EHCP?

[TeenDivided]

DD, 19, y14 equivalent.
Has done 2 years in college.
For various reasons taking a 'GAP year' from college education but still doing educational activities via private tutor.
I asked LA for 'emergency review' of EHCP in July but none forth-coming so far but some back and forth between me and the LA including me mentioning EOTAS.
I want to keep EHCP live so if (small chance) DD wants to return to college next year she can. Annual review should be due in December I think.

Can the LA just close an EHCP, or would they need to at least inform/discuss it with us first?

If anything like our LA then no but our LA do not do things properly. I think since ds2's last review when he was 18 (three years ago) there has been silence. In fairness we did not ask as everything was ticking along the way we wanted it too. He has just started at university so it would cease now in any case but it they don't tell us then I can't be bothered to tell them.

What might be pertinent is that ds1's college held an annual review when he was 18 without even inviting us to attend (being an adult and all disregarding any SEN) where they decided to end the EHCP. I'm not saying I disagreed as they were giving him minimal support by that point but it would have been good to have had input.

The LA shouldn’t just cease to maintain. If the LA planned to cease the EHCP, they must issue a cease to maintain notice. Not issuing that would be unlawful. The LA can only lawfully cease to maintain if they are no longer responsible for the child or young person or it is no longer necessary to maintain the EHCP. Neither apply to DD. Engaging in education can include EOTAS, which can/should include more than tutors. You can see further information here.

The LA is ignoring you in the hope you be quiet and go away. Unfortunately, the LA doesn’t have to agree to an early review (although they should respond) and there’s no right of appeal. The best course of action now is to wait for the AR (and make sure it is held on time). Even if DD doesn’t return to college, the EHCP should still remain and an EOTAS package put in place. But, you might have appeal. In the meantime, the LA must still provide any provision detailed, specified and quantified in F, so if there is anything in there that can be enforced, via JR if necessary.

Following the AR, if the LA does plan to cease to maintain you should appeal and the LA has to maintain the EHCP until the appeal is settled.

Thank you both.

Currently she is doing FS English, Work Experience, Therapy, Reducing meds, and going places that make her anxious. She actually has quite a full week, and it is all progressing her. But we want to keep the door open for her to go back to college if she wants to to get her Level 2.

I will check when AR is due and make sure they don't forget it.

The provision you list can and should be in the EHCP even if DD isn’t in college. So then, it is still necessary for the EHCP to be maintained.

I'd better get the EHCP out and go through it in detail.