Annual review (parents, carers - SEND)

EHC plans must be reviewed annually but you can ask for an early review – also known as an “emergency” or “interim” review. 

The parent/young person only gets the right of appeal if “it is an annual review” (other meetings do not count). 

If an early review takes place, it will only lead to the right of appeal if the parties agree it is the annual review. 

You should ask for an early statutory review if you believe that the:

• child or young person’s education, health or social care needs have changed and are no longer accurately described in the EHC plan
• education, health, or social care provision in the EHC plan is no longer meeting the child or young person’s needs.

If the child or young person has been excluded from school or is a risk of exclusion, this would also be a good reason to ask for an early review.

There is no right of appeal against a refusal to carry out an early assessment.

You could:

• wait until the next annual review
• gather further evidence to support the need for an early review, and then make another request
• if appropriate, request a re-assessment of the child or young person’s education, health and care needs.

Check Asking for a re-assessment of a child or young person’s needs: Model letter 2 - IPSEA.

An annual review is held to consider if the outcomes or targets have been achieved.

New outcomes and provision can be set if needed and aspirations changed. 

The purpose of the meeting is to review the EHC plan by:

• bringing together all those involved in helping achieve the outcomes set out in the plan
• gathering and considering information so that it can be used to support future progress
• reviewing the effectiveness of any special educational, health or social care provision made for a child or young person
• considering whether any changes need to be made to the EHC plan including medium and long-term outcomes
• considering whether an EHC plan should continue.

You can include comments on:

• progress over the last year
• what has pleased the parent/young person and any concerns
• what needs to be considered in school/college for the coming year
• what you think you and the school/college can do to help meet those needs
• the child or young person’s views about school/college. 

As a parent you may wish to talk to the school about your child or young person’s involvement in the review process.

Your child or young person:

• should be encouraged to give their views in the review process as they must be considered at the review
• where possible, should attend all or part of the annual review meeting especially from year 9. 

The LA can require the Head Teacher/Principal of the school or the Further Education College to arrange and hold the meeting.

The Head Teacher/Principal must ask for written reports from:

• you  
• teachers or tutors
• other people invited to the review meeting such as health.

The Head Teacher/Principal must then:

• send copies of the written reports to all those invited to the review meeting at least two weeks before it takes place
• invite further views, including comments from those who are unable to attend the meeting. 

Please note - it is often the SENCo (Special Educational Needs and Disability Coordinator) at the school who will make all the arrangements for the meeting.

 Reg: 20 SEND Regulations 2014 states that the Head Teacher/Principal must invite:

• parent/carers and/or the young person
• a relevant teacher who may be the class teacher or form/year tutor, the special educational needs coordinator (SENCo), or some other person responsible for the provision of their education
• a representative from the LA – the  EHC plan coordinator will be invited, however, they will not be able to attend every review. If you have any concerns make sure that you contact them to let them know that you would like them to be at the meeting
• a health service representative to provide advice about health care provision in relation to the child/young person if relevant and a LA social care representative, who exercises the LA’s social service function in relation to children/young people with SEND
• anyone else the Head Teacher/Principal considers appropriate.

Everyone who is invited may not be able to attend the review meeting but if they are unable to attend they can send a report.

The review meeting must:

• focus on progress made towards achieving the outcomes set out in the EHC plan
• check the EHC plan to make sure it still meets the needs. 

The meeting will normally include the following.

• The extent to which the outcomes (goals) in the EHC plan, or those agreed at the previous annual review have been met. The child/young person’s progress towards achieving the outcomes specified in the plan MUST be considered at the meeting. This requirement is particularly important for young people aged over 18 as the educational and training outcomes will determine whether the plan ceases.
• Medium- and long-term outcomes for the next year.
• Planning the support from school/college and other people to help achieve these objectives.
• Any further action required and who will be responsible for this.
• Whether the EHC plan needs amending or is no longer needed.

If you do not agree with what is being suggested at the meeting, try to make that clear and if not present then write to your EHC plan coordinator.

You can review or request a personal budget.

From year 9 onwards there must be a focus on preparing for Preparing for Adulthood (PfA) and independent living.

When the child/young person is in or beyond Year 9 the review MUST consider what is required to assist in “Preparation for adulthood and independent living”.

Ideally planning can begin before Year 9. 

PfA in the annual review needs to support preparation:

• for higher education and employment.
• for independent living such as to:
  • maintain good health in adult life including planning transition to adult services
  • participate in society including mobility, friendships, and transport.
• to achieve the young person’s aspirations. 

When carrying out a review for the young person aged: 

• 16-18-year-olds who are not in education and training (NEET) the LA must review the EHC plan and amend it to ensure the young person is in education and training and ensure the young person has something to do
• 18+ the LA must have regard to whether the education/training outcomes have been achieved. If the young person stops attending college, the LA cannot cease the EHC plan unless they have checked that the young person does not want to go back to education/training. If they do wish to return/do something else, then the LA must amend the plan to help them do so.

Within two weeks of the review meeting the school must prepare a written report of the meeting and send it to everyone invited. 

The report must:

• set out recommendations on any amendments or changes required to the EHC plan
• refer to any differences between the schools’ recommendations and those of others attending the meeting
• include the advice and information obtained prior to the annual review.
• include details of any disagreements between the parties. 

Within four weeks of the meeting, the LA must let the child’s parent/young person know their decision and decide whether to:

• keep the EHC plan the same
• amend or change the EHC plan
• cease to maintain the EHC plan. 

Their letter must also tell you about:

• your right to appeal that decision and the time limits for doing so
• the requirement for you to consider mediation should you wish to appeal
• contact information for disagreement resolution and advice and support from Slough Special Education Needs and Disability Information, Advice and Support Service (Slough SENDIASS). 

• Head Teacher requests written reports at least 2 weeks before meeting.
• Head Teacher sends reports and invitations to all invited to the Annual Review.
• Head Teacher invites views for those unable to attend the meeting.
• Review takes place.
• Within two weeks of the review meeting the school must prepare a report of the meeting and send that to those invited and the LA. 

For a detailed guide on annual reviews refer to the IPSEA annual review checklist.

If:

• an assessment has not been undertaken within the previous 6 months and
• the LA considers it is necessary

the LA must carry out a re-assessment of the educational, health and social care needs of the child/young person for whom it maintains a plan if a request is made to it by the:

• child’s parent or the young person
• school, post 16 institution or other institution attended by the child/young person
• responsible Clinical Commissioning Group (CCG). 

The LA:

• may secure a re-assessment of those needs at any other time if it thinks it necessary 
• must notify the child’s parents/young person whether or not it is necessary to re-assess them within 15 days of receiving the request to re-assess.  

Further information regarding reviews and re-assessments is set out at paragraphs 9.166 to 9.210 of the SEND Code of Practice.