Education, Health and Care Plans (EHCPs)

The EHCP Annual Review

The Annual Review is the statutory process which must take place every 12 months as a minimum. The Annual Review ensures that the EHCP remains up to date and relevant for your child.

The Annual Review should:

  • review the progress of the child/young person has made
  • review the outcomes and provision currently in place
  • highlight what is working well
  • recommend any amendments to the Plan

The Annual Review will recommend one of four outcomes for the Council to consider:

  • maintain the EHCP (no changes required)
  • amend the EHCP (if significant changes are required)
  • cease the EHCP if outcomes have been met and the support is not longer required
  • statutory re-assessment of the child/young person’s special educational needs, if these have changed significantly

The Annual Review meeting

The Annual Review meeting is arranged by the education setting your child attends. Where the child or young person does not attend an educational provider, the Local Authority (LA) will plan to organise and convene the EHCP review meeting.

The SENCO or an appropriate member of staff will invite the following people to the meeting:

  • you and your child
  • school staff working with your child
  • involved professionals such as Health or Social Care
  • a Local Authority representative
  • for Year 9 or above, a representative from the Careers Advice service
  • anyone else the young person or their parents/carers wish to be invited

The Annual Review must be undertaken in partnership with the child and their parents/carers. It must take their views, wishes and feelings into account. Schools and settings must support families so that they can fully engage in the Annual Review meeting.

The Council for Disabled Children have produced a video for parents on the Annual Review process:

When the Annual Review is held

The first Annual Review must be held within 12 months of the date the Education, Health and Care Plan (EHCP) was finalised. The next Annual Review meeting needs to be held within 12 months of the previous one. In some cases, Annual Reviews may be carried out earlier. Annual Reviews for children up to the age of 5 are recommended to take place more frequently.

An Annual Review can take place at any time during the school year. If your child is transferring from one phase of their education to another, such as from primary to secondary school, the Annual Review must take place in the Autumn term and their Final Amended Plan must be issued by the following dates:

  • starting Primary School: by 15 February in the year that your child is starting school
  • moving from Primary to Secondary School: by 15 February of Year 6
  • moving from Secondary School to Post 16: by 31 March of Year 11

All reviews from Year 9 onwards must include a focus on preparing for adulthood, including:

  • employment
  • independent living
  • participation in society

Arranging the Annual Review

The Special Educational Needs Coordinator (SENCo) for the pre-school setting or school is responsible for arranging the Annual Review and contacting everyone to let them know:

  • the date of the meeting
  • the time of the meeting
  • the venue for the meeting

Prior to the meeting, the education setting must obtain the views of the child/young person and request updated information from the parent/carer and all involved professionals. Copies of this information must be shared with everyone invited to the review two weeks prior to the meeting.

The SENCo often chairs the meeting. Following the meeting, the education setting must send a report of the meeting to the Council so that recommendations from the meeting can be considered.

Amending an EHCP

It is not expected that your child’s EHCP will need amending every year. If there are any recommended amendments to your child’s Plan, they will be identified during the Annual Review meeting and sent to the SEND Team at the Council.

Your child’s EHCP will be amended when:

  • there are significant changes identified
  • your child is moving onto their next phase of their education (for example, nursery into reception, changing key stage, moving to post 16)
  • there is a change of address or school
  • there are changes in health and/or social care provision

If amendments are made, a proposed amended EHCP will be sent to parents/carers for consideration and comment. Parents/carers have 15 days to respond and have the right to request a meeting with the SEND Officer during this time. If you need any support, you can get help from the Westmorland and Furness SEND IAS Service.

What happens next

If parents/carers have expressed a preference for a different education setting (for example, because the child will be moving to secondary school), the Council must consult with that school or setting.

Schools and settings have 15 days to respond.

Once amendments are made, the final amended EHCP is sent to parents/carers.

At this point, they have the right to request Mediation and lodge an appeal to the SEND Tribunal if they are not in agreement with the contents of the EHCP.