Education, Health and Care Plan Annual Review

When a new EHC Plan is issued, the first review must happen within 12 months. After that, every review must take place within 12 months of the last one.

The local authority may ask a school or college to organise the annual review, but it is still the local authority’s job to make sure it happens.

An annual review is not just the review meeting. There are several steps that should happen before, during, and after the meeting.

From Year 9 onwards, annual reviews should also look at how to help your child prepare for adult life. This includes helping them build important skills, become more independent, and think about their future.

A new stage of education could be moving from:

• Nursery to Primary School
• Infant School to Junior School
• Primary School to Middle School
• Primary School to Secondary School
• Secondary School to a Post-16 college or training provider
• One Post-16 provider to another

A review meeting must take place early enough for any changes to be made to the EHC Plan and for the local authority to talk to schools or colleges about a suitable placement.

The local authority must name the new school or college in the EHC Plan by:

• 15 February for children moving from Nursery to Primary School or from Primary School to Secondary School.
• 31 March for young people moving from Secondary School to a Post-16 college or other Post-16 provision.

If a young person is moving from one Post-16 provider to another, their EHC Plan must be reviewed at least five months before they move.

This means the annual review should usually take place during the autumn term before your child or young person moves to their new school, college, or placemen

The review gives you a chance to:

• Talk about what is working well.
• Raise any concerns you have about the EHC Plan.
• Ask for changes to be made to the Plan.
• Share any new reports or information from professionals involved with your child.
• Update any information in the Plan that is out of date.

If there has been a significant change in your child’s needs or circumstances, you do not have to wait until the next annual review. You can ask for an early review by speaking to the school's SENCO or by contacting your local authority SEN Caseworker.

The following steps must happen during the annual review process:

1. The local authority must ask for your views. They must also ask for the views of your child or young person, if they want to give them, and the school or education setting. These views must be taken into account when looking at the EHC Plan.

2. An annual review meeting must take place. This meeting is used to discuss the EHC Plan and whether it is still meeting your child or young person’s needs.

3. Information must be shared before the meeting. At least two weeks before the review meeting, everyone attending should receive copies of the information and reports that will be discussed.

4. A report must be written after the meeting. In North Yorkshire, this is recorded in an Annual Review document. The report should be sent to everyone who attended the meeting or provided information.

5. The local authority must make a decision. Within four weeks of the meeting, they must tell you what they have decided about the EHC Plan.

What decisions can the Local Authority make?

After an annual review, the local authority can make one of three decisions:

1. Keep the EHC Plan the same. No changes are made. The local authority should explain why they have decided not to make any changes.
2. Change the EHC Plan. If changes are proposed, the local authority must send you a copy of the suggested amendments. You must be given at least 15 days to share your comments.
3. End the EHC Plan. The local authority may decide the Plan is no longer needed and should stop.

If the plan is changed

If the local authority decides to amend the EHC Plan, it must send a final version as soon as possible and no later than eight weeks after sending the draft amended Plan.

If you do not agree with the decision

If you are unhappy with the local authority’s decision after the annual review, you have the right to challenge it through mediation or by appealing to the SEND Tribunal.

You usually have two months from the date on the decision letter or final EHC Plan to start the process of challenging the decision.

You may feel that the Plan is working well and only needs a few small changes. Or you may feel that bigger changes are needed, such as updating support or asking for a different school or college.

Before the meeting, think about the following:

• Is there anyone you would like to attend the meeting or provide information?
  You can ask for a particular person to be invited or to send a report. The school or local authority does not have to agree, but they should consider your wishes and those of your child or young person.
• Do you have any new reports or information to share?
  This could include reports from specialists, therapists, or other professionals who work with your child. It could also include information from people who know your child outside of school, such as a youth group leader, sports coach, or club leader.
• How will your child’s views be shared?
  The local authority must find out your child’s views, wishes, and feelings. Some children and young people may want to attend part or all of the meeting. Others may prefer to share their views in a different way, such as through:
  • a video or voice recording
  • drawings or pictures
  • written comments
  • talking to a trusted adult who can share their views for them
• Would you like someone to support you at the meeting?
  Having support can be helpful, especially if there is a lot to discuss. You could bring a partner, friend, relative, or someone from a local support organisation. They may be able to take notes or help you share your views during the meeting.

When preparing your comments, you may find it helpful to think about:

• How has the past year been for your child or young person?
• What has gone well at school or college?
• What has not gone so well?
• Have they achieved any targets set at the last review?
• Are they making progress with their learning?
• How are they getting on with other children and young people?
• Have there been any problems or concerns?

For example:

• Has their behaviour changed at home or at school?
• Do you think they may be experiencing bullying?
• Are they worried about going to school or finding it difficult to attend?

You may also want to:

• Make a list of any questions you have for the school, college, or local authority.
• Read all the reports provided for the review and note anything you would like to discuss.
• Think about whether any new recommendations should be added to the EHC Plan.
• Check that the information in the EHC Plan is still correct and up to date.

Understanding the Main Sections of an EHC Plan

Section A: Views, Wishes and Feelings

This section records the views, wishes, and feelings of the child or young person and their parents.

• Does it still reflect your child and family?
• Is there anything you would like to update?

You cannot appeal this section because it contains your views.

Section B: Special Educational Needs

This section describes your child's special educational needs.

Ask yourself:

• Are all of your child's needs included?
• Does it explain how your child learns and what they find difficult?
• Is there anything missing?

You can appeal this section.

Section E: Outcomes

This section sets out the long-term goals your child is working towards.

Ask yourself:

• Is your child making progress towards these goals?
• Have any goals been achieved?
• Do any goals need changing?

You cannot appeal this section.

Section F: Special Educational Provision

This section explains the support your child should receive to meet their needs.

Ask yourself:

• Does it include all the help your child needs?
• Does it clearly say what support will be provided?
• Does it say who will provide the support and how often?

You can appeal this section.

Section I: Educational Placement

This section names the school, college, or other educational setting your child attends.

Ask yourself:

• Are you happy with the school or placement named?
• Do you think your child needs a different placement?
• Are there other schools or colleges you would like the local authority to consider?

You can appeal this section.

If you receive a draft amended EHC Plan and do not agree with the proposed changes, you can ask to meet with your SEN Caseworker to discuss your concerns before the final EHC Plan is issued. Sometimes issues can be resolved through discussion and further amendments to the Plan.

If the final EHC Plan has been issued and you still disagree with the local authority's decision, you have the right to challenge it. You can do this through mediation and/or by making an appeal to the SEND tribunal.

You should normally start this process within two months of the date on the decision letter that accompanied the final EHC Plan. The decision letter will explain your appeal rights and how to access mediation services.