Annual Reviews
Email this pageThe SEND Code of Practice says:
EHC plans should be used to actively monitor children and young people’s progress towards their outcomes and longer term aspirations. They must be reviewed by the local authority as a minimum every 12 months. Reviews must focus on the child or young person’s progress towards achieving the outcomes specified in the EHC plan. The review must also consider whether these outcomes and supporting targets remain appropriate.
(9.166)
The review process will enable changes to be made to an EHC plan so it remains relevant to the needs of the child or young person and the desired outcomes. There may be occasions when a re-assessment becomes appropriate, particularly when a child or young person’s needs change significantly.
(9.186)
When a child or young person has an Education, Health and Care plan (EHC plan) there is an ongoing requirement for the EHC plan to be reviewed by the local authority at least annually. This is referred to as the Annual Review.
In Early Years an EHC plan should be reviewed every 3 to 6 months (CoP 9.178).
The Annual Review is more than just a review meeting, it is a process that must be completed on or before the anniversary of when the EHC plan was first issued or the anniversary of the last review.
An Annual Review must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including their right to request a Personal Budget.
You can read the steps involved in an Annual Review on our Annual Review Flow-chart
How can I request an Annual Review?
The school are usually responsible for arranging the annual review but a request for an Annual Review of an EHC plan can be made to the local authority at any time, as long as you have a good reason. This is particularly important if you believe that there is an urgent need for a change to the child or young person’s EHC plan.
The local authority must arrange a statutory review of the EHC plan at least once every year, not the school, college or the health service. However, the evidence gathering for an Annual review meeting will be delegated to the school or college by the local authority as part of the process.
You can also request re-assessment with the local authority at any time, where needs have changed significantly. Take a look at the information from IPSEA, including their template letter.
What is an Early or Emergency Review of an EHCP?
An early annual review or an emergency annual review is when the annual review process is brought forward. This may be because the parents, young person or education setting may have concerns that the provision contained within the plan is not meeting needs.
Examples of reasons for an Early Annual Review are:-
- the provision in the EHC plan is no longer meeting the child or young person's needs
- the child or young person's education, health or social care needs have changed and are no longer accurately described in the EHC plan. This includes if you feel that section I (the placement) needs to be reviewed.
- frequent suspensions, isolations or permanent exclusion
- attendance concerns/emotional based school avoidance
When can I ask for an early review of my child’s EHC plan?
At any time, as long as you have a good reason. This review is carried out by the local authority but the evidence gathering review meeting may be delegated to the school/college by the local authority. If there is health care provision in the EHC Plan, the health service provider who is arranging the provision will be invited as well.
Should I speak to the school/college first?
Yes. Speak to your child’s class/ subject teacher and the Head teacher/ Principal of the College about your worries, as well as contacting the local authority.
How do I make a request?
Contact your SEND Operations Co-ordinator at the local authority. Their contact information will be on correspondence they have sent you about the EHC plan. It would be useful to do this by email so you have a record of your request and copy the school/college into the email.
IPSEA have a model letter for requesting an early review of an EHC plan. IPSEA Model Letter Asking for an Early Review
Can the local authority refuse my request?
Yes, they may disagree with your reasons. You can contact them to discuss this further, but you have no right of appeal with this decision. You will need to gather further evidence to support your request or wait until the usual Annual Review date. You could also ask for re-assessment of your child’s needs. This is helpful if their needs have changed significantly since the EHC plan was first issued, the professional advice used to write the plan needs to be updated, or the provision is no longer meeting needs. IPSEA have a model letter: IPSEA Model Letter 5 Asking for a Re-assessment
What can I do if the LA has not completed an annual review?
The local authority must inform the parent or young person of the decision within four weeks of the annual review meeting taking place. Even if they have failed to hold a meeting, there is an additional duty for the LA to inform the parent or young person of its decision either within 12 months of the EHC plan being made or 12 months from a previous review of the EHC plan
You can write and complain if the local authority has not completed an annual review within the legal timeframe.
IPSEA (independent Provider of Special Education Advice) have provided the attached example template letters:-
Complaining when the LA has not completed an annual review
Complaining when an LA has not started the annual review process in advance of a phase transfer
My child is moving from primary to secondary school. When should I expect the EHC plan to be reviewed?
Local Authorities have a legal duty to review and amend an EHCP when a child transfers from primary to secondary education and this is called a ‘phase transfer’ Annual Review.
An annual review takes place every year and aims to celebrate the pupil’s successes throughout the year. It is also an opportunity for all parties (parent, school and child) to discuss the transition to Year 7 and to consider preferred schools – secondary schools can be discussed at Annual Reviews but the formal process will take place early in Year 6 at the phase transfer Annual Review. The SEN Co-ordinator is responsible for arranging the annual review and you can check with the school when they are going to start making the arrangements. The Annual review must be completed by 15th February. For this reason, phase transfer Annual Reviews often take place in the Autumn term to ensure they are concluded well before the end of Year 6.
You can learn more about Phase Transfer Annual Reviews
What happens after an Annual Review?
The SEND Code of practice says
9.171 When reviewing an EHC plan for a young person aged over 18, the local authority must have regard to whether the educational or training outcomes specified in the EHC plan have been achieved.
Following the meeting the review paperwork will be circulated to you, the local authority and anybody else that attended the meeting, within two weeks. This report must include recommendations on any amendments required to the plan and highlight any areas of disagreement. If you note any discrepancies or anything missing from the report circulated, or if you have additional information you would like them to consider you can contact the SEND Operations Service (local authority)
The Local Authority then reviews the EHC Plan in light of the report and will make one of three decisions. They decide whether to either:-
- to leave the plan unchanged
- to amend the plan
- to cease the plan
The Local Authority must write to you with that decision within four weeks of the review meeting. They must also inform you of your right to appeal through the Special Educational Needs and Disabilities (SEND) First Tier Tribunal.
If the Local Authority agrees to make amendments to the plan it must be done straight away. You will be sent a draft copy of the EHC plan with notice of the proposed amendments, including any evidence supporting the amendments. You can ask to meet with the Local Authority to discuss any changes or to discuss a particular school. You must check through the draft EHCP to ensure that it correctly reflects the needs and contains everything it should. The Local Authority will give you 15 calendar days to raise any comments about the draft EHCP, request a meeting and name a preference school or school type.
If you disagree with the changes they are suggesting you could first discuss this with your SEND Operations Caseworker and suggest alternative wording. We can help with this but if you cannot reach agreement you have the right to appeal through the SEND First Tier Tribunal. We can provide you with further information, advice and support about mediation and the tribunal process.
Sometimes the review report may make recommendations for the EHC plan to be amended but the Local Authority decide not to make these changes. In this case the Local Authority must inform you of your right to appeal through the Special Educational Needs and Disabilities (SEND) First Tier Tribunal
Following an Annual Review (and only following a review) the Local Authority could decide to cease to maintain the EHC plan and they must notify you or your right to appeal that decision (following consideration of mediation) and the timescales in which to apply.
Generally a plan will only be ceased where the Special educational provision specified is no longer relevant, for example when a young person leaves education or training or if their outcomes have been fully achieved. Any decision to cease a plan should have been discussed during the Annual Review with you and/or your young person.
Within 8 weeks of sending the proposed amendments, the local authority must issue an amended plan, or let you know they have decided not to amend the plan after all.
For information on how to Appealing following an Annual Review
What can I do if I do not agree with the local authority decision?
At the end of the review, there are only three decisions the LA can make:
- To maintain the EHC plan in its current format (not make any changes);
- To amend the EHC plan;
- To cease the EHC plan if they think it is no longer necessary for it to be in place
Where you do not agree with a local authority decision (not to amend, or to cease), or with the amended EHC plan following an annual review, you have the right to Mediation and/or Appealing to the SEND Tribunal within 2 months of the decision letter).
Can I request a Personal Budget?
Yes. Parents, carers and young people have the right to request a personal budget during the Annual Review process.
A personal budget gives families greater choice and control of provision within an EHC plan.
Read more about Personal Budgets
Preparing for Adulthood - Year 9 Annual Review
It is expected that preparation for adulthood begins from year 9 as part of the Annual Review.
The local authority has to provide support to enable you to plan ahead as your child approaches their 18th birthday, so there are no gaps in services.
Preparing for adulthood reviews should include discussion about support with:
- further learning, training or employment
- living independently
- planning health services and support to maintain good health
- how to take part in society including using transport, help to find activities and with friends and relationships
As part of your child’s Annual Review you could ask for an assessment of their care needs in preparation for adulthood. The local authority can be flexible with the timing of the assessment, and they decide whether and when there is ‘significant benefit’ to assessing needs.
For further information on Year 9 Annual Reviews
Annual Review supporting information
Also in this section:
Preparing for an Annual Review
Guidance on preparing for an annual review and what to expect during an Annual Review meeting
Phase Transfer Annual Review
Phase transfer is the moving between particular stages of education.
Year 9 Annual Reviews
Year 9 Annual Review - Preparing for Adulthood
It is expected that preparation for adulthood begins from year 9 in Annual Reviews.
What happens if the LA decide to cease an EHC plan?
Information on what happens if the LA decide to cease an EHC plan.