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Annual Reviews (of an EHC Plan)
Overview
The SEND Code of Practice 2015 tells us that an Annual Review (AR) is a yearly review of a child or young person’s EHC Plan. This review gives an opportunity for all the people involved with the child or young person to:
- review and/or set new interim targets for the coming year and where appropriate, agree new outcomes
- assess how a child or young person is progressing towards their outcomes and longer terms aspirations specified in the EHC plan
- review the special educational provision in the EHC plan
- review the health and social care provision
- consider the continuing appropriateness of the EHC plan
Although it states ‘annual’, it should happen as a minimum every 12 months and there may be situations where this needs to happen more frequently (for example, if the child is under 5 years old or if there have been substantial changes).
Although the local authority (LA) is responsible for making sure an Annual Review takes place, they can either request or require (depending on the type of educational setting) that the education setting itself, organises and holds the meeting on their behalf. This will usually be done by the SENCO or the Head Teacher. In other circumstances, the LA is responsible for the invitation.
The Annual Review is not just a meeting, but is a process of gathering and assessing information, resulting in a meeting to review and share views about the provision, needs and outcomes.
The Annual Review Paperwork is then sent to the LA for them to make a final decision about whether changes will be made to the EHC plan in light of the information and discussion that has taken place through the process. The review is not complete until all the steps have been completed (including the LA notifying the parent carer or young person of their decision to make any amendments etc. or not.)
If you do not agree with their decision(s), they have notified you about, you have a right to appeal these with the SEND tribunal.
Timetable of Annual Review Process
| Times | Detail | Responsibility |
|---|---|---|
| Prior to the 2 weeks before the meeting | Send Invite to all parties Seek advice and information from all parties | Setting (or LA) |
| At least 2 weeks before the meeting | Send Invite to all parties Seek advice and information from all parties | Setting (or LA) |
| MEETING HELD | Setting (or LA) | |
| Up to 2 weeks after the meeting | Report from meeting sent to LA | Setting (or LA) |
| Up to 4 weeks after the meeting | Parent carer or young person notified regarding the decision to amend, cease etc. | LA |
| Up to 8 weeks after the amendment notice | Amendments completed and parent carer or young person sent details | LA |
Practical Tips for the Annual Review Meeting
- Bring someone with you – As a parent carer, if you feel that you need support in the meeting to express yourself, make notes or challenge comments, then you can bring someone with you as well. This can be your partner or any other person who understands your child and what the meeting is for.
- Read the reports before the meeting and take any notes you feel may be relevant to share at the meeting (not everyone will have read them so it could be good to highlight important points or changes).
- Make a list of questions or concerns before you go to the meeting – this can help you keep focussed and make sure you don’t forget anything you wanted to say or ask. It’s your opportunity to ask questions or share your thoughts with all the relevant people in the room who can affect your child’s or young person’s progress.
- Don’t forget – you are the expert on your child – you know them the best. They may act differently at home than at school, and the professionals may be describing your child or young person in a way you do not recognise, so it is important that both sides are given opportunity to share.
What if i disagree with the LA’s decisions about the EHCP?
If you disagree with a decision made by the LA (apart from a refusal to do an early review), and have been formally notified of their decision, then you can:
- Speak to your SEND Officer (or request to speak to their manager) in SENAT
- Seek advice from us at SENDIAS
- Request formal Mediation with the local authority (arranged by Global Mediation)
- Lodge an appeal with the SEND Tribunal
Can an Annual Review take place if waiting for a Tribunal Hearing?
Yes. Annual Reviews of the EHC plan must be held legally, within 12 months of the previous AR or the issue of a new EHC plan. Even if the contents of an EHCP is being appealed at tribunal, LAs can make decisions to amend, and issue amended EHC plans, during the appeal.
The SEND Regulations 2014 and the duty to specify is clear. LAs must conclude annual reviews and make decisions following those reviews even when appeals are underway. If the LA decides that amendments are needed after considering the review report, the amendment process must be followed.
For more information on how this works please see IPSEA guidance: Annual reviews during Tribunal contents appeals: Can LAs still issue amended EHC plans?
Local Information, Guidance and Policies
Factsheets:
Detailed Information and Guidance
IPSEA’s Guidance on Annual Reviews
IPSEA’s guidance to Annual Reviews, Early Reviews, Phase Transfer Reviews and Re-Assessments,
Further Information
SEND Code of Practice 2015 Chapter 9
Children and families act 2014 Part 3 section 44
Frequently Asked Questions (FAQs)
For FAQs around Annual Reviews of the EHC plan, please see IPSEA’s FAQ page
If you think you will struggle with any of this your own then please do contact us by email: send.ias@westsussex.gov.uk or call us on: 0330 222 8555 to discuss how we may be able to support you.