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The annual review of an EHC plan is one of the most important opportunities parents have to ensure their child's provision remains appropriate. Many parents arrive unprepared and leave with less than they could have secured.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, SEN Letters UK generates it for you.
Every EHC plan must be reviewed at least once a year. The purpose of the annual review is to assess whether the plan continues to reflect the child's needs and whether the provision specified is appropriate. It is also an opportunity to update outcomes as the child develops.
In theory, the annual review is a collaborative process that gives parents a central voice. In practice, many reviews are poorly run, insufficiently thorough, and result in plans that are not meaningfully updated. Knowing what the process should look like, and what your rights are within it, makes a significant difference.
The SEND Code of Practice 2015 sets out the requirements for annual reviews in detail. Schools must send relevant information to all parties at least two weeks before the review meeting. Parents must be invited to the meeting. A range of professionals involved with the child should also be invited, including the local authority.
At the meeting, the progress the child has made against their outcomes should be reviewed, any changes to needs or provision should be discussed, and recommendations for the amended plan should be agreed.
Following the meeting, the school must send a report to the local authority within two weeks, including recommendations. The local authority then has four weeks to decide whether to maintain the plan as it is, amend it, or cease it, and must notify parents of its decision in writing.
The weeks before an annual review are the time to gather your thoughts and prepare your contribution. Consider: what progress your child has made against the outcomes in the current plan, what areas remain a concern, whether the provision specified in the plan is actually being delivered, whether there are new needs that have emerged that should be reflected in the plan, and whether the outcomes and provision need to be updated for the next phase.
If you have recently received new professional reports, from a private educational psychologist, a paediatrician, or a therapist, bring copies to the review and submit them in advance.
Parents have the right to attend the annual review meeting. If you cannot attend in person, you should be offered the opportunity to contribute your views in writing.
You are entitled to receive all the information the school sends to the local authority before the meeting. If you are not receiving this, request it in writing.
You are entitled to receive a copy of the review report after the meeting and a copy of any amendments to the plan before they are finalised. The local authority must consult you before issuing an amended plan.
Many annual reviews are conducted in ways that do not meet the requirements of the Code of Practice. Common failures include: meetings being held without adequate notice to parents; professionals not being invited or their reports not being sought; reviews that are cursory and do not genuinely assess provision; and plans that are maintained without amendment when circumstances have clearly changed.
If you leave an annual review feeling that your concerns were not heard or that the recommendations do not reflect your child's actual needs, this is the point at which a formal response matters.
If the local authority decides following an annual review to cease a plan, to amend it in ways you disagree with, or to refuse to make changes you believe are necessary, you have the right to appeal to the First-tier Tribunal (in the case of a decision to cease or to amend content).
Before an appeal, a formally worded letter to the local authority setting out your grounds for disagreement and requesting reconsideration is often an effective first step. SEN Letters UK generates formally worded challenge letters for annual review disputes.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
Preview free. Full letters from £4.99, credits never expire.
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