Annual reviews
The Education, Health and Care Plan (EHCP) must be reviewed at least annually. This process is known as the Annual Review. For children under the age of five, the expectation is that the review takes place every six months.
A review of the EHCP at any other time must be agreed by the Statutory SEND Assessment and Review Team. It is uncommon for a review to take place outside of the standard annual timescales, but this may be deemed necessary, for example, if this is to abide by statutory timescales pertaining to phase transfers or to facilitate a review for a child or young person who has recently moved into the city.
Although the Annual Review involves a meeting, the review itself is a process with distinct steps, and these are detailed below.
What will happen before an Annual Review meeting
Before an Annual Review meeting, the person convening the review meeting (in the majority of cases, this will be the educational setting) should contact the parent, carer or young person to agree on the date, time and location of the meeting. This will also provide an opportunity for you to share the details of any new individuals who are involved in supporting the child or young person who should be invited to the Annual Review meeting.
The person convening the review meeting will gather information from everyone who will be invited to the meeting, including parents and carers and the child or young person.
All information and reports gathered must be circulated to all of those invited to the Annual Review at least two weeks before the meeting date.
What will happen at an Annual Review meeting
The Annual Review meeting must allow sufficient time to ensure all of those in attendance have an opportunity to share any achievements, progress updates, and to discuss any concerns.
The meeting discussions will focus on -
- the child or young person’s progress towards their outcomes and longer-term aspirations set out in the EHCP
- the child or young person’s development of independence, and how they are preparing for adulthood
- identify any changes to circumstances
- consider whether the current information remains appropriate
- consider whether there needs to be any changes to the provision or the educational setting
- consider whether the EHCP should continue
The meeting chair should ensure that there are notes captured from the Annual Review, which can then be circulated to attendees and checked for accuracy.
What will happen after an Annual Review meeting
Within two weeks of the Annual Review meeting, the review paperwork and any other reports or assessments discussed at the review must be shared with all of those who attended the meeting, as well as the Statutory SEND Assessment and Review Team.
Within four weeks of the Annual Review, the Statutory SEND Assessment and Review Team must issue a decision letter, advising whether they intend to maintain the plan as it is, amend the plan and make changes or cease the plan. The parents and carers of the young person, and the educational setting, are informed of these changes.
What happens if the Local Authority agree to amend the EHCP?
EHCPs are not expected to be amended on a frequent basis; however, there will be times when, following an Annual Review, the Statutory SEND Assessment and Review Team decide to amend the EHCP.
The Statutory SEND Assessment and Review Team will prepare a Notice of Amendment (NoA) without delay. A copy of EHCP with details of the proposed amendments will be sent to the child’s parents and carers, or the young person, including copies of any evidence to support the proposed changes.
The parents and carers of a young person must be given at least 15 calendar days to comment on any proposed changes and may, at this time, request a particular educational setting to be named in the EHCP.
Following any further feedback from parents and carers, or the young person, the Statutory SEND Assessment and Review Team will issue a final amended EHCP within eight weeks of the NoA being issued. The final amended EHCP will state the date the plan was first issued, as well as the date that the amended plan was issued.
Young people making their own decisions
Upon turning 16, the Statutory SEND Assessment and Review Team will liaise directly with young people (rather than their partners and carers) to discuss matters relating to their EHCP. This does not mean that parents and carers cannot remain involved, and the young person can share as much or as little information with them as they deem to be relevant and appropriate, and they can support the young person in making decisions should the young person be happy for this to occur.