These are meetings that happen every year. The purpose of the meeting is to see:
A) How much progress the child/young person has made towards their outcomes (Section E of an EHCP)
B) If the outcomes and support in the plan are still appropriate for the child/young person.
The local authority (LA) must complete the first review of the child/young person's EHCP within 12 months of the EHCP being finalised.
It must then be reviewed at least once every 12 months.
What is the process of an Annual Review?
Advice and information gathered (before the meeting)
- The place of learning seeks written advice from parents, child/young person, and professionals.
- This must be circulated at least 2 weeks before the review meeting.
Annual review meeting held
- Usually organised by the place of learning
- Attended by parents, child/young person, educational staff, and relevant professionals.
- Focuses on progress, outcomes, and any required changes.
Report and recommendations sent to LA
- Within 2 weeks of the meeting being held, the place of learning must send a report (including recommendations) to the LA and all attendees.
LA decision following review
- Within 4 weeks of the meeting, the LA must decide to:
- Maintain the EHCP unchanged
- Amend the EHCP
- Cease the EHCP
- LA must notify the parent/young person and setting of the decision.
If amending the EHCP
- LA must issue a draft amended EHCP “without delay”.
- Parents/young person have 15 days to comment and request a school/placement.
Final amended EHCP issued
- LA must issue the final amended plan within 8 weeks of the amendment notice.
Right of appeal
- Parents/young person gain a right to appeal to SEND Tribunal:
- After a decision to refuse to amend or cease the plan
- After receiving the final amended EHCP
When will a review happen?
The Send Code of Practice 2015 states that Education Health and Care Plans (EHCPs) must be reviewed by the local authority as a minimum every 12 months (but reviews should be every 6 months for children under 5 years old).
For a ‘Phase Transfer’ (such as between reception and year 1, or year 6 to year 7), an early review should be held in the autumn term. This is so that an updated plan - which includes the setting for September - is ready to be issued no later than February 15th (or March 31st for young people moving on from secondary education).
Emergency Annual Review (EAR)
An Emergency Annual Review is an EHCP review that happens outside of the usual annual timescale, because something significant has changed and the plan may no longer be meeting the child or young person's needs.
A parent/carer or young person can request an EAR at any time if they feel the situation is urgent, for example if:
- The child/young person's needs have changed suddenly or significantly
- The current support has broken down (including risk of exclusion)
- There is a serious risk to the child/young person's education, health or wellbeing
It’s important to understand that the Local Authority should consider the request, but they do not have to agree to the EAR.
IPSEA have some more information about EARs, as well as a template letter which can help - linked here : Template letter 5: asking for an early review of an EHC plan .
What should parent/carers or young people think about before going to a review meeting?
It is always helpful to prepare for a meeting. It may be useful to have a think about:
- What progress has been made towards the outcomes in the plan?
- If progress has not been made in some areas, what might need to change? Are new kinds of support needed, or perhaps some new advice?
- Is the educational setting still appropriate?
- Have there been any new assessments or observations since the plan was last updated?
- Have any of the outcomes been achieved?