Annual Review

If a child or young person has an Education, Health and Care Plan it must be reviewed at least once a year by the Local Authority. This is to ensure the EHC Plan remains up to date, and continues to provide the support the child or young person requires. 

Once the annual review has taken place there are only 3 decisions in which the LA can make:

  1. To Maintain the EHC Plan in its current format with no changes made
  2. To amend the EHC Plan 
  3. To Cease the EHC Plan if they feel it is no longer necessary for it to be in place, following consultation 

Following the outcome from the Local Authority even if the LA decide not to make any changes to the EHC Plan, you can appeal to the First Tier SEND Tribunal to try to make changes to the plan. Should the LA decide to make changes to the EHC Plan, you can appeal any decisions made once you have received the final amended EHC Plan. 

If your child or young person is coming up to a phase transfer in education the Local Authority must carryout the annual review in advance of the move.

What to do when the LA has not completed an Annual Review: 

When should I complain? 

The LA must inform the parent/carer or young person of the decision within 4 weeks of the annual review meeting taking place. Even if it has failed to hold a meeting, there is an additional duty for the LA to inform the parent/carer or young person of its decision either within 12 months of the EHC Plan being made or 12 months from the previous review of the EHC Plan. 

In order to complain you should follow the Local Authorities complaints procedure, as well as writing to the Director of Children’s Services.

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