Annual Review

The Annual Review is more than just a review meeting, it is a process that must be completed on or before the anniversary of when the EHC plan was first issued or the anniversary of the last review.

There are 5 steps within the Annual Review process. Although the overall Review process is the local authority's (LA) responsibility, it is usual practice for Steps 1 to 4 to be delegated by the LA to the school/setting/or other education provider.

NB: If a child/young person is electively home educated (EHE) or is not currently on an educational setting’s role/register, it is the Local Authority’s responsibility to organise the meeting.

• Step 1: Four weeks before the meeting is due to be held – Requests for information is sent out to everyone involved in the EHC Plan.

• Step 2: Two weeks before the meeting – Official invitations to the meeting are sent out.

• Step 3: The Annual Review meeting – A Person-Centred Annual Review Meeting is held.

The meeting MUST:

1. focus on progress made towards achieving outcomes

2. establish whether the current outcomes remain appropriate and, if required, agree new ones

3. review the special educational provision and the arrangements for delivering it to ensure it is still appropriate and enabling good progress

4. review any health and social care provision and check its effectiveness towards achieving the outcomes

5. check if the aspirations have changed (consider them in the context of paid employment, independent living and community participation)

6. check if the parent/young person would like to request a Personal Budget.

• Step 4: Within two weeks of the meeting taking place – The report from the meeting needs to be submitted to the local authority.

• Step 5: Within four weeks from the Annual Review meeting - the LA must inform the parent/young person of their decision – they will either:

1. maintain the plan (continue with the plan as written, with the Annual Review being added to the EHCP as an appendix)
2. amend the plan (rewrite the EHCP so that it remains up-to-date and relevant to the child/young person’s current needs
3. or cease the plan if it is no longer needed.

An Annual Review must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings.

The Annual Review meeting should be positively focused to explore a better and more positive future for the child or young person. The positive approach for meetings and reviews should focus less on what’s wrong, and more on what we would like to happen.

The child/young person needs to be at the centre of the Annual Review and the meeting needs to ensure they can share their views in a way that is appropriate for them. This should include attendance at the meeting wherever possible but may also include supporting them to share their views beforehand, using methods that are appropriate for them - a written or verbal contribution; a short PowerPoint presentation or audio or video recording. The themes of their contribution should be along the lines of the Annual Review meeting:

For children in Year 4 and below:

• What is important to me:
• What people like and admire and about me
• What I like
• What I dislike
• How best to support me
• People who are important to me

For children and young people in Years 5 and above:

• What I’m good at and my achievements and successes over the past year:
• What’s important to me
• Things I like about me now
• What is working well for me now
• What I’d like to change
• My aspirations and goals for the future
• My aspirations/goals for further / higher education and/or employment
• My aspirations/goals for independent living
• My aspirations/goals for friendships, relationships and being part of the community
• My aspirations/goals to be as healthy as possible in adult life
• How I need to be supported to be heard and understood: including any strategies, and adaptations e.g., visuals, gestures, PECs, Makaton, photographs etc.

The education provider must attend the review. It is expected that all efforts are made to ensure the availability of parents to attend. The child/young person who is the focus of the EHCP should be invited and supported to attend, as far as possible.

Other professionals who are involved with supporting the EHCP, e.g. Speech and Language therapist, CAMHS practitioner, social worker, employment coach, will always be invited to provide their advice before the Annual Review meeting, and will attend if those services deem it appropriate to do so.

It is not always possible or necessary for local authority Education, Health and Care Coordinators and other professionals to attend Annual Review meetings, although they will always do everything they reasonably can to attend when appropriate. Southwark SEND Service will prioritise Education, Health and Care Coordinators' attendance to Annual Review meetings for children and young people who are:

• looked after by the Local Authority
• at risk of permanent exclusion / change of education placement
• not making expected progress towards the outcomes in their EHCP
• approaching moving to a different age-ranged school (this is called phase transfer, e.g. the move from primary to secondary school)

EHCPs are not expected to require frequent changes and updates. When they do need amending, rather than requiring a full re-assessment, there should be supporting evidence to inform any changes. These changes should be significant.

A significant change in an Education, Health, and Care Plan (EHCP) typically refers to any substantial alteration in the child's or young person's needs or circumstances that would require a modification of the support and services outlined in the plan. Here are some examples of what might constitute a significant change:

1. Change in Educational Needs: If there is a notable shift in the child's learning needs, such as a new diagnosis of a learning disability or a significant improvement or deterioration in academic performance, this would be considered a significant change.
2. Health Changes: Any major changes in the child's health status, such as the onset of a new medical condition, a significant change in an existing condition, or recovery from a condition that previously required support, would necessitate a review and potential amendment of the EHCP.
3. Social Care Needs: If there are substantial changes in the child's social care needs, such as a change in living arrangements, new safeguarding concerns, or the need for additional social care support, this would be a significant change.
4. Transition to a New Educational Setting: Moving from one educational setting to another, such as transitioning from primary to secondary school or from school to college, often requires significant adjustments to the EHCP to ensure the new setting can meet the child's needs.
5. Changes in Family Circumstances: Significant changes in the family situation, such as a move to a new area, changes in parental employment that affect the child's care, or other major family events, can also be considered significant changes.

These changes are typically identified during the annual review process but can be brought to the attention of the local authority at any time if they occur outside of the regular review cycle. The goal is to ensure that the EHCP remains relevant and effective in meeting the child's or young person's needs.

If the child or young person is coming up to a change of school (due to their age), the local authority (LA) must carry out the review well in advance of the move.

In practise, this means:

• Children moving into primary education will have their plans reviewed and any amendments completed by 15th February (of the calendar year they will enter Reception class), unless the EHCPs were only finalised within the last 6 months.

• Children leaving an infant school and moving to a junior school, will have their plans reviewed in the Autumn or Spring term of Year 1. Their junior school will be named on the finalised plan by 15th February (of the calendar year they will go to junior school). This does not affect children who attend an all-through primary school.

• Children moving from primary to secondary school will complete their annual review in the Spring or Summer term of Year 5 so that their plans can be amended in advance of secondary transfer. Their secondary school will be named on the finalised plan by 15th February (of the calendar year they will go to secondary school).

• Young people moving into post-16 provision will have their plan finalised by 31st March of the calendar year they are going into Year 12. Annual reviews will ideally be carried out in the autumn term of Year 11 for amendment and consultation purposes.

Annual Reviews are an opportunity to celebrate the successes of a child/young person. This may include the child/young person no longer needing the support of an Education, Health and Care Plan (EHCP).

The purpose of an EHCP is to provide support for children and young people with special educational needs and disabilities. When children/young people can have their needs met from provision that is ordinarily available in an educational setting, or where they are no longer involved with education, they no longer need an Education, Health and Care Plan.

Some children/young people will have an EHCP for longer than others.

Local Authorities may cease to maintain an Education, Health and Care Plan under two grounds:

Ground one - the Local Authority is no longer responsible for the child or young person. This means:

• the young person has taken up full-time paid employment (excluding apprenticeships)
• the young person has started a higher education course (or other level 4 course)
• a young person aged 18 or over has left education and no longer wishes to engage in further learning
• the young person has turned 25 (Local Authorities have discretion to delay this until the end of the academic year in which they turn 25 years old)
• the child/young person moves out of the Local Authority area (though the new Local Authority may decide that it feels an EHCP is still necessary and may therefore choose to initiate a new EHC needs assessment)
• the child or young person has moved permanently outside England

Ground two - it is no longer necessary to maintain the EHC plan. This means:

• it is no longer necessary for special educational provisions to be made for the child/young person in accordance with an Education, Health and Care Plan.  

If you disagree with the local authority’s decision on completion of the annual review, you have a right request mediation and/or appeal to the First-Tier Tribunal. This may be the case if: 

• The local authority proposes to cease the EHC plan and you want it to continue. 

• The local authority is leaving the plan as it is and you want changes. 

• The local authority has made changes that you disagree with. 

For more information on mediation and appealing a decision, click here. 

You can request an emergency (or early) annual review if you believe that your child or young person’s education, health or social care needs have changed significantly.  Examples of significant changes are included under the above heading 'when changes are needed'.  Additional circumstances include:

• When a child or young person's educational placement is at risk of breaking down
• Where a pupil is at risk of exclusion from school (see DfE guidance on school excusions-paragraph 57) 

The Special Educational Needs Coordinator (SENCo) from your child's school is often best placed to discuss this with you.

If you require additional impartial advice, you can contact the Southwark Information, Advice and Support (SIAS) Team on:

• Email: sias@southwark.gov.uk 

• Telephone: 020 7525 3104