- Must be reviewed by the LA as a minimum every 12 months.
- Must focus on the child or young person’s progress towards achieving the outcomes specified in the EHC plan.
- Must consider whether outcomes and supporting targets remain appropriate.
- Must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including the right to request a personal budget.
- Professionals across education, health and care must co-operate with the Local Authority during reviews.
- The first review must be held within 12 months of the date when the EHC plan was issued, and then within 12 months of any previous review.
- LAs must review and maintain an EHC plan when a child or young person has been released from custody.
- When reviewing an EHC plan for a young person aged 18+, the LA must have regard to whether the educational/training outcomes specified in the EHC plan have been achieved.
- LAs must ensure that the EHC plan review at Year 9, and every review thereafter, includes a focus on preparing for adulthood.
EHCP reviews
What is an EHCP review?
Where a child or young person has an EHC Plan it must be reviewed at least once a year by the Local Authority (LA). This is to ensure that it stays up to date and continues to provide the support the child or young person needs. Where a child or young person is in an education setting, the annual review preparation and meeting is undertaken within the setting, and recommendations are sent to the special needs department (SENDACT) to consider on behalf of the LA.
If the child or young person is educated at home, then SENDACT will discuss best how to carry out the review.
EHCP’s have to be reviewed every 12 months, this means that the LA has to let the young person or parent/carer know their final decision within 12 months of the date of the last plan (this date is found on the front page of the EHCP).
The young person (when over 16) or parent/carer can ask for a review earlier than 12 months, the reasons for this could be that there are concerns about the support being provided or there is a change of school place being requested.
Starting the process
At least 2 weeks before the meeting invitations to attend the Annual Review must be sent to:
- Parent or young person
- EY provider, headteacher or principal
- LA officer (education)
- Health care professional
- LA Officer (social care)
- Any other individuals relevant to the review
Preparing information
At least 2 weeks before the meeting information and advice must be obtained from all those invited and circulated to all those invited.
This information and advice should:
- Provide details about the child or young person’s progress and their access to teaching and learning.
- Consider whether the current special educational provision is effective.
- Consider whether the current health and social care provision is effective.
The information and advice from young people or professionals can make suggestions about changes that should be made to the EHC plan – this is especially important where amendments are sought.
Planning the meeting
- Consider where the meeting will take place to get the best outcome.
- Enable parents and the child or young person to have their say – does the environment encourage them to do this?
- Consider whether the space is big enough, does the IT work, is there room for flipcharts etc.
- Do parents and YP know how they can be supported?
During the meeting
- Consider the child or young person’s progress towards the outcomes and whether they are still appropriate
- Consider what provision is required to help the child or young person prepare for adulthood and independent living
- Review any interim targets set by the early years provider, school or college or other education provider
- Set new interim targets for the coming year and, where appropriate, agree new outcomes
- Take account of the views, feelings and wishes of the child, young person and parent, including their right to a personal budget
- Review any arrangements for direct payments
After the meeting
Within 2 weeks of the review meeting the LA or the headteacher/principal must send a written report to all invitees setting out:
- Recommendations on any amendments to be made to the EHC plan.
- Any difference between those recommendations and the recommendations of others attending the meeting – this is important for parents to see easily.
- All the information and advice obtained about the child or young person.
Within 4 weeks of the review meeting, the LA must decide whether to:
1.Maintain the EHC plan in its current form
2.Amend the EHC plan
3.Cease to maintain the EHC plan
Notice of Decision
If the LA decides to keep the EHC plan the same, or cease to maintain it, it must send a notice of the decision and with it provide:
- information about the availability of disagreement resolution services and information about SEND for CYP
- the parent with notice of their right to appeal to the Tribunal and the time limits for doing so
- information about mediation and National Trial
Following notification of a decision to amend the EHC plan, the LA must without delay:
- send a copy of the EHC plan to the parent or young person showing the proposed amendments and any evidence that supports the amendment
- inform the parent or young person of their rights to make representations about the content of the EHC plan and to request a particular school or institution
- give at least 15 calendar days for the parent or young person to comment and make representations on the proposed changes
After the review, the LA will make one of three decisions:
1. To maintain the EHC plan in its current form (the review meeting recommendation is acknowledged with the intension of no changes to be made). If this decision is made, then the LA will write to the parent/carer or young person explaining this.
2. To amend the EHC plan (The LA will send out a “Proposed Amended EHCP” which details the changes made following the review, this will go to school and parents/carers (or young person if over 16). If everyone agrees with these changes, then the LA will send out a Final Amended EHCP with a new date on it.
3. To cease the EHC plan (a proposal to cease the plan as a result of it no longer being required) – See “What happens to my EHCP”.
If you do not agree with the changes, there is an opportunity given to the parent/carer or young person over 16 to comment on the proposed changes and discuss them with SENDACT.
If you still do not agree with the decision the LA has made, you can make an appeal against their decision. The details about how to do this will be in the letter that comes with the Final EHCP. This must be done within 2 months from the date of the decision you are appealing.
The new Education, Health and Care Plan (EHCP) review paperwork
From September 2023, schools have access to our new EHCP review paperwork. We believe this will simplify the process for SENCos and other staff carrying out annual reviews. Schools can continue to use the previous paperwork, but ideally, we would like all schools to have started using the new paperwork by January 2024.
The Inclusion Support Offer (ISO) team are available to support schools wishing to implement the new paperwork:
The latest EHCP annual review paperwork is available using the link below:
Kirklees 2023 v2 EHCP annual review paperwork (opens link as Word document)
The old EHCP review paperwork is still available below.
Previous Kirklees EHCP annual review paperwork (opens link as Word document)
The following guide can help you understand EHCP reviews:
The purpose of the EHCP review is to discuss and consider every section of the EHCP and make any changes that are needed.
Schools use specific review paperwork at the review which takes them through each part of the plan to make sure everything is discussed.
Kirklees have produced a very detailed leaflet about EHCP reviews. This contains the answers to lots of questions about reviews.
EHCP Annual Review Guidance (opens link in new window) (PDF 1.5 Mb)
If the child or young person is in an educational setting, then usually the review will be held in school by the school Senco, along with any other school staff who they feel need to be involved.
If requested, SENDACT (opens link in new window) may attend the review – this is usually when there are significant concerns or if a specialist setting is required.
Parents/carers will be invited to the review (unless the child is over 16, able to make decisions and has indicated that they do not wish for them to attend – See mental capacity assessments). Parents can also bring along other people to support them in the review, it is a good idea to let the school know who will be coming to the review so they can make sure there is space for everyone.