At least once a year, an EHC plan must be reviewed to see if it is:
It is not the meeting itself that is the Annual Review (AR); it is the letter that comes from the Local Authority (LA) four weeks after the meeting. Four weeks is set in law: two weeks for the head teacher to prepare and send a report to the LA and two weeks for the LA to decide what it wishes to do.
For more information, watch the animation about the Annual Review process created by the Council for Disabled Children
Most families will have their meetings at their child’s school or college, and a few will have meetings held elsewhere, for example, those who home-educate may have their meeting at home or at a neutral venue.
The LA must:
If the child or young person attends a school then that setting should organise the AR but if they don’t, the duty falls to the LA.
You and your child must be invited with at least two weeks’ notice of the AR meeting, along with the following professionals:
Most of the Annual Review process is usually handled by the SENDCo, who arranges the AR Meeting, asks for all relevant professionals to send reports, and invites them to attend the meeting.
The person arranging the meeting must:
NOTE: An EHC plan is an Education, Health and Care plan, so the Annual Review is a meeting in which information from Health and Social Care is also brought to the table, not just Education.
You will be given lots of information regarding how far your child has progressed towards meeting their outcomes as written in the EHC plan. You should receive Outcomes before the meeting. If the information is not circulated then you can request it and ask the school to delay the meeting to allow two clear weeks. If this happens, the LA is likely to miss their 12 month deadline to review the plan, which is a Statutory Duty.
The idea of getting the information two weeks ahead is so that you can give it careful consideration.
Given that EHC plans should contain a number of Outcomes, the two weeks’ notice is clearly needed.
If your child is in Year 9 or above, provision to assist their preparation into adulthood and independent living should also be considered. This is known as transition. Click here for our guide.
This is not an exhaustive list of areas of need and provision; feel free to add more, in order to put together tailored provision for your child.
Where the child or young person is still in a school, the head teacher must prepare a written report after the meeting, setting out their recommendations for any amendments they consider necessary. This must be sent to the LA within two weeks.
This report should also set out any areas of disagreement regarding the proposed amendments from those attending the meeting. Where the child or young person does not attend a school, the LA makes the written report. This report should also contain the information circulated two weeks before the meeting.
The AR meeting therefore, brings everyone together with the relevant information of what has been happening over the past year and collects the child or young person and parent/carer views. The information is considered in regards to the outcomes and should also include proposed changes to outcomes, and needs/provision, where necessary.
Within four weeks of the meeting you should receive ‘the Annual Review letter’. Not only should it state whether the EHC plan will be maintained in its current form, amended or ceased, it should also contain information about what you should do if you disagree with the LA’s decision.
If the LA decides to amend the EHC plan, they should do this without delay. A notice specifying the amendments must be sent to you, along with evidence to support those changes.
You have 15 days to:
The LA must send the final EHC plan as soon as is practicable, and in any event, within 8 weeks.
You have the right of appeal if you are not happy with the results of the Annual Review.
IPSEA provides information on Annual Reviews
Council for Disabled Children have a guide for children and young people on how to share their views for their annual review
SEND Code of Practice - This is Government guidance, which tells local authorities, schools and other organisations how to interpret the law in relation to children and young people with SEND. Information about SEN Support can be found in chapter 6 and information about EHC plans is in chapter 9.
The National Network of Parent Carer Forums (NNPCF) is the independent national voice of parent carer forums. Their mission is to deliver better outcomes for families living with special educational needs and disabilities (SEND).
