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No child or young person should lose their statement and not have it replaced with an EHC plan simply because the system is changing. The legal test of when a child or young person requires an EHC plan remains the same as that for a statement under the Education Act 1996. Therefore, it is expected that all children and young people who have a statement and who would have continued to have one under the old system, will be transferred to an EHC plan under the new system.

Similarly, local authorities have undertaken LDAs for young people either because they had a statement at school or because, in the opinion of the local authority, they are likely to need additional support as part of their further education or training and would benefit from a LDA to identify their learning needs and the provision required to meet those needs. The expectation is that young people who are currently receiving support as a result of a LDA and remain in further education or training during the transition period, who request and need an EHC plan, will be issued with one.

If a local authority decides to cease a statement and not replace it with an EHC plan or not issue an EHC plan to a young person who receives support as a result of an LDA the parent or young person has the right to appeal to the First-tier Tribunal. Local disagreement resolution arrangements can be considered and the parent or young person will need to consider mediation before an appeal.

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