Annual Reviews

 

Where a child or young person has an education, health and care plan (EHC plan), it must be reviewed at least once a year by the local authority (LA). This is called the annual review.

The first review of the EHC plan must be held within 12 months of the plan being finalised, after that reviews must be held within 12 months of the previous review.

The process the local authority must follow when reviewing an EHC plan is set out by law and is described in detail in the SEND Code of Practice.

This means:

• The LA must consult with the parent of the child or young person (and with the nursery, school or college if there is one) about the EHC plan
• An annual review meeting must take place to discuss the EHC plan
• Information must be gathered from parents and young people and from professionals about the EHC plan and then sent to everyone two weeks before this meeting
• Within 10 days of the meeting, a report of what happened must be prepared and sent to everyone who attended or shared information to be discussed at the meeting and sent to the local authority (LA)
• After the meeting the LA must review what the meeting said about what is written in the EHC plan
• The LA must notify the parent of the child or young person of their decision within four weeks of the meeting.

There are only three decisions the LA can make about what to do next:

1. To leave the EHC plan as it is
2. To amend (change) the EHC plan
3. To cease (stop) the EHC plan if they think it is no longer necessary for it to be in place

In each case, even if the LA decides to do nothing, there is a right of appeal triggered to the First-Tier SEND Tribunal about the education contents of the plan. This right of appeal is for the parent or young person

For more details about the annual review process, who should be there, what you should say see our parent guide to annual reviews or get in touch.