Annual review

The annual review is your yearly chance to check the plan still fits your child. The Local Authority must review an EHC plan at least every 12 months: the first within 12 months of the plan being made, then within 12 months of each review after that (Children and Families Act 2014, s44). It comes with deadlines for the Local Authority and, at the end, appeal rights for you.

The cycle runs in clear stages. You get at least two weeks’ notice of the meeting, and the reports gathered for it should be sent round at least two weeks before (SEND Regulations 2014, reg 20(3)). The meeting (usually at school) looks at progress, whether the support is working, and what should change. The written report follows within two weeks of the meeting (reg 20(9)). Then the Local Authority decides what to do within four weeks of the meeting and tells you in writing (reg 20(10)).

Use your preparation time well. Pull together the current plan, recent reports and your own notes, set your top three priorities, and send a short parent contribution (one page is plenty) before the meeting. At the meeting, ask whether every line of support is actually being delivered and whether the plan still describes your child’s needs accurately.

The decision will be one of three outcomes. Maintain: the plan continues unchanged; if the Local Authority refused changes you asked for, you can appeal a refusal to amend. Amend: the Local Authority sends a draft amended plan, you get at least 15 days to comment, and the final amended plan must follow within 8 weeks of the draft (reg 22); if you disagree with the amended content (B, F or I), you can appeal once it is final.

Cease: the Local Authority intends to end the plan. Take this seriously and act fast. You can appeal a decision to cease, and the plan stays in force while you appeal, so do not stop the support (Children and Families Act 2014, s45; SEND Regulations 2014, reg 31). Your appeal deadline runs from the date of the cease decision.

If it goes wrong. If support in the plan is not being delivered, raise it at the review and get it recorded, but remember the review records the problem, it does not enforce it. To enforce delivery, see the lesson on provision not being delivered. If the written report does not match what was agreed, write to the Local Authority with corrections.

This covers the law in England only. It differs in Scotland, Wales and Northern Ireland, so check your nation if different. This is information to help you prepare, not legal advice.