Annual Review

 

The annual review is the statutory process of looking at the needs, provision and outcomes specified in an EHC Plan, and deciding whether these need to change.  

 

The first review of the EHC Plan must be held within 12 months of the EHC plan being finalised. Subsequent reviews must be held within 12 months of the previous review.

 

  • An annual review meeting must take place to discuss the EHC Plan.  This is usually arranged by the school or setting attended by the child or young person. 

  • The annual review must focus on the child or young person’s progress towards achieving the outcomes specified in the EHC Plan (Section E).  

  • Information about the child or young person must be gathered from all parties invited to the annual review and then circulated at least two weeks before the meeting. 

  • A report of the meeting must be prepared and distributed to all those who attended within 2 weeks of the meeting taking place.  This must set out recommendations on any amendments required to the EHC Plan. 

  • Within four weeks of the annual review meeting, the local authority must decide whether it proposes to keep the EHC Plan as it is, amend the plan, or cease to maintain the plan, and notify the child’s parent or the young person and the school or other institution attended. 

  • If the local authority decides not to amend the plan or decides to cease to maintain it, they must notify the child’s parent or the young person of their right to appeal that decision. 

Within four weeks of the review meeting, the local authority must make a decision about the recommendations in the review report and notify the parent of this. The decision might be: 

  • To cease (end) the plan. 

  • To leave the plan as it is. 

  • To make amendments (changes) to the plan. 

The local authority’s written decision concludes the review process.  

If the local authority wants to make changes to the plan, they must send you an amendment notice. This sets out the changes it proposes to make and includes any evidence it is relying on to make this decision. You must be given 15 days to give your views on the proposed changes. If you want a change of school, you can express your preference at this point. 

If you disagree with the local authority’s decision at the final step of the review, you have a right to go to 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. 

You can request for an emergency review if you believe that the child or young person’s education, health or social care needs have changed and are no longer accurately described in the EHC plan and/or if the education provision is at risk of breaking down.  

  •  An emergency annual review can be requested at any time, as long as you have a good reason. 

  • Schools can also make a request for an emergency annual review. 

  • Requests need to be submitted to the Southwark SEN Team. 

  • An emergency annual review should always be considered where a child is at risk of permanent exclusion.  

If you require any further information, advice and support contact the Southwark Information, Advice and Support (SIAS) Team on: