Annual Reviews

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 Annual Review?

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

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

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 15^th 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

At the end of the review, there are only three decisions the LA can make:

1. To maintain the EHC plan in its current format (not make any changes);
2. To amend the EHC plan;
3. 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).

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

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