By Rachel Scales, Education solicitor specialising in special educational needs (SEND) tribunals
Preparing for an annual Education, Health and Care Plan (EHCP) review starts with understanding the legal purpose of the process and gathering clear evidence about what is and is not working. The review is your opportunity to request specific changes to needs, provision, and outcomes, and the law focuses on whether the current plan remains appropriate or needs amending, maintaining, or ceasing.
This guide explains the annual review process, what to do before the meeting, what to expect during the meeting, and how to handle the steps that follow.
What is an EHCP annual review?
An annual review is a statutory requirement. It must take place:
- At least once every 12 months
- Every 6 months if the child is under 5
The local authority (LA) is responsible for completing the entire review process by the EHCP’s anniversary date. The meeting itself is only one part of a multi-stage legal procedure. The full process usually includes:
- Gathering advice and updated reports
- Holding the annual review meeting
- Producing a written report with recommendations
- The LA issuing its decision to maintain, amend, or cease the plan within four weeks of the meeting
The review must consider every section of the EHCP and assess whether the outcomes in Section E and the provision in Section F are still suitable. The school or setting coordinates the meeting, invites parents and professionals, and circulates reports in advance; usually at least two weeks before the meeting.
How to prepare before the annual review
Taking time to prepare will help you make a clear, evidence-based case for any changes you want. The steps below are especially important.
- Read the current EHCP carefully
Go through the plan section by section and note anything that is:
- Inaccurate
- Out of date
- Missing
- Vague or unclear
Pay particular attention to sections B, E and F. Look carefully at the following:
- Whether your child has met or is on track to meet their outcomes
- Whether the outcomes are out of date
- Does Section F accurately reflect the provision being made?
- Are there things that the school are doing that are not reflected in the EHCP?
- Gather recent evidence
Evidence helps demonstrate progress, difficulties and gaps in support. Useful documents include:
- School reports and progress data
- An up-to-date provision map/timetable showing what is currently being provided
- Behaviour records and exclusion letters
- Therapy reports and medical letters
- Any new private assessments
Check to see whether your EHCP provides for therapists to write annual review reports and to attend the review meeting. If this is the case, make sure that this has been done.
Write a parental contribution setting out your views. Be aware that this will usually be used to update section A only, so if you want changes to other sections of the EHCP, you will need to raise these at the meeting and ask the school to put it into the annual review report.
- Get your child’s views
Your child’s views must be included as part of the review. The school can gather these, or you can gather these yourself.
- Find out who is attending
The LA must be invited to the review, but do not have to attend. If you want experts to attend (for example, a speech and language therapist), make sure that the school have invited them.
You can also take along someone to support you at the review. This could be a friend, a relative or a professional such as a solicitor.
Clarifying what you want from the annual review
Go into the review with a clear understanding of what you want to achieve. This might include:
- Updated needs
- More specific or increased provision
- Additional therapies
- A different placement
Be aware that many Local Authorities will only use a parental contribution to update Section A. If you want changes to sections B, E and F you will usually need the school to record this in the annual review report.
Create a list of specific amendments you want to see in the EHCP. Provision should always be clear and quantified. For example:
- Instead of “regular literacy support”, specify:
“Y hours of 1:1 literacy intervention each week delivered by a trained specialist”. If the reports you have do not specify the length and frequency of an intervention, look at what the school is currently providing and use that as a starting point.
Turning your proposed amendments into clear questions can help keep the meeting focused. For example:
- “How will the plan be updated to include X assessment?”
- “Can Section F specify the frequency and staffing for Y provision?”
If you are seeking a new placement, it is important to focus on changes to B and F first. Focus on the things that your child needs that the current setting is not providing, and ensure that these are reflected in Section F.
What to do at the annual review meeting
Bring your notes, your parental contribution and your key documents. Use them to structure what you want to say about:
- What is working
- What is not working
- What needs to change
If you are requesting amendments
- Ensure that the school record these as suggested amendments on the written report of the review, and not just as parental views.
- Summarise the amendments at the end of the meeting to ensure nothing is missed.
- Be tactical: if you are seeking a new placement, prioritise the extra provision that the current placement isn’t able to do.
- If you are approaching phase transfer, make sure that the EHC accurately reflects all the provision your child is receiving – even where this is something the current school does for all children. For example, if your child is in a setting with small class sizes, make sure that this is recorded as provision in the EHCP.
After the annual review meeting
The school or setting must send you and the local authority a written report of the review, which is normally within two weeks. This report should include all recommendations and any disagreements.
Read it carefully. If it does not reflect what was discussed or omits requested changes, you can ask for corrections.
LA decision
Within around four weeks of the meeting, the LA must decide whether to:
- Maintain the EHCP without amendments
- Amend the EHCP
- Cease the EHCP
This decision closes the annual review process.
If the LA decides not to amend the plan, or to cease to maintain the plan, you will have a right of appeal straight away. If the LA decides to amend the Plan, then you will get a right of appeal when the amended plan is finalised (which should be within 12 weeks of the review meeting).
Phase transfer reviews
“Phase transfer” refers to a child moving between phases of education (for example, from primary school to secondary school, or from secondary school to post-16). The annual review in this year is called the “phase transfer review”.
The review meeting will need to take place in the autumn term before the transfer takes place.
Once the review meeting has taken place, the LA will usually use the proposed amended Plan to consult with new settings. It is therefore very important to ensure that the EHC is updated properly so that prospective schools get an accurate picture of your child and their needs.
Firstly, make sure that Section B is up to date. If there are outdated needs in there, this will give prospective schools the wrong impression.
Next, think carefully about what provision will be needed in the next setting. This may be different to the provision they need now. For example, in secondary schools, children are normally expected to move between classrooms and will have different teachers for each subject. If your child would struggle with this, you need to ensure that this is reflected on the EHC Plan. Secondary schools typically don’t have as many adults in the classroom as primary schools do and many have larger class sizes, so if your child needs additional support in class you may need to specify that a TA must be provided.
You should also think about provision that your current school is making, that may not be recorded on the EHCP. Remember that staff in the new school do not know your child, so things that are obvious to the current school won’t be obvious to the new setting. For example, if your child needs adults to adapt their language when giving instructions, or needs regular movement breaks, this needs to be specifically recorded.
Consider whether your child will need an enhanced transition. Will they need to meet key members of staff ahead of time? Will they need extra settling visits, or a more gradual start? If so, make sure that this is recorded.
Make sure that the outcomes are updated for the new phase of education. For example, you could include outcomes about GCSE courses.
Timing
The LA must have completed all steps of the review and produced a final amended EHC Plan naming the new setting by:
- 31 March if your child is transferring from secondary school to post-16
- 15 February in all other cases
It is vitally important that these deadlines are met. If you disagree with the setting, you will be able to appeal to tribunal and (in most cases) these appeals are heard before the child needs to start their new setting in September. However, if your Plan is issued late, or you delay appealing, you may not be able to get an appeal date in time, and this may mean that your child ends up in an unsuitable setting or has to miss the start of the school year.
Take action immediately if:
- The LA does not issue a final Plan by the deadline
- The final Plan does not name a specific setting nut only names type; or
- The setting named is not suitable for your child.
Do not wait for the LA to sort this out, even if it promises that it is going to do so. LAs sometimes issue Plans naming type, or naming an unsuitable mainstream school, but tell parents that this is just a temporary Plan and that a new final Plan will be issued shortly. Waiting to see if the LA resolve this can mean that your right of appeal is lost, or that any appeal will be heard too late for your child to start in September.
A well-prepared annual review gives you the best possible chance of shaping an EHCP that accurately reflects your child’s needs. By reviewing the plan carefully, gathering strong evidence, setting clear goals, and documenting your views, you can make the process more effective and ensure your child receives appropriate support for the year ahead.
If you need support understanding your options, preparing for an EHCP review, or challenging a placement decision, I am here to help. At Scomo, our focus is always on enabling families to secure the most appropriate and supportive educational environment for their children.
If you have an education issue, please get in touch with Rachel Scales at Scott-Moncrieff & Associates Ltd: Email [email protected] or phone: 020 3972 9011.
EHCP Annual Review – Frequently Asked Questions (FAQs)
- What is the purpose of an EHCP annual review?
The annual review checks whether an EHCP is still appropriate and whether it should be maintained, amended or ceased. The review looks at progress towards outcomes, current needs, and the suitability of the provision and placement.
- How often does an EHCP annual review take place?
At least once every 12 months, or every 6 months for children under 5. The local authority must complete the full process by the plan’s anniversary date. There are special rules for phase transfer reviews, which must be completed by 15 February of the year in which your child will transfer (or 31 March, if your child is transferring from secondary school to a post-16 institution).
- Who is responsible for the annual review process?
The local authority is responsible for completing the entire annual review process. The school or setting coordinates the meeting and circulates reports, but the LA makes the final decision.
- What happens before an EHCP annual review meeting?
Evidence is gathered from parents, the school and professionals. Reports are normally sent out at least two weeks before the meeting so everyone can review them in advance.
- What should I do to prepare for an annual review?
Read the EHCP carefully, gather recent evidence (school reports, assessments, therapy reports), and write a parental contribution. Prepare notes about the changes that you want to make to Parts B, E and F.
- What evidence should I bring to an EHCP annual review?
Useful evidence includes:
- School reports and progress data
- Behaviour logs or exclusion records
- Therapy reports and medical letters
- Private assessments
- Examples of work or observations that show strengths and difficulties
- Do I need to prepare questions or requests?
Yes. Prepare a list of specific changes you want to see in needs, outcomes or provision. Clear questions help keep the meeting focused and ensure your requests are recorded.
- Do my child’s views have to be included?
Yes. The SEND Code of Practice requires the review to be person-centred, so your child’s views, wishes and feelings must be recorded, whether directly or through a written or visual contribution.
- What happens after the annual review meeting?
The school or setting sends a written report of the meeting – usually within two weeks. The local authority then decides whether to maintain, amend or cease the EHCP within around four weeks.
- What if I disagree with the local authority’s decision?
You can appeal to the SEND Tribunal immediately if the Local Authority decides to maintain the Plan without amendments or to cease to maintain the Plan. If the LA decides to amend the Plan, you can appeal the new Plan when it is finalised (which must be within 12 weeks of the review meeting).
- What sections of the EHCP are reviewed?
All sections must be reviewed, but the focus is typically on:
- Section B – Special educational needs
- Section E – Outcomes
- Section F – Special educational provision
The review considers whether outcomes and provision still reflect current needs.
- Can I bring additional documents to the meeting?
Yes, but it is better to send these in advance so that they are circulated to all attendees two weeks before the meeting.
- How long does the whole annual review process take?
The LA must issue its decision within four weeks of the review meeting, and within 12 months of the end of the previous review.
- What if the LA misses its deadlines?
The deadlines are legally enforceable through a process called judicial review. The first step is for a Letter Before Action to be sent to the LA. This will often resolve the problem, but if it does not, you will need to issue a claim for judicial review.
It is always important to take action as soon as possible. However, this is especially important in years where your child is due to transfer to another phase of education (for example, from primary to secondary school, or from secondary school to post 16). If an LA misses the deadline for phase transfer, take action immediately. Delaying may mean that you will not be able to get an appeal against the placement before your child is due to start the new placement in September.
Resources
Preparing for an EHCP Annual Review: What Parents Need to Know – pdf
Rachel Scales
Scott-Moncrieff & Associates Ltd
Email [email protected]
Phone: 020 3972 9011
