Annual Reviews

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Understanding the law.
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An Education, Health and Care Plan should reflect your child’s current needs, not simply the circumstances when it was first issued.

Every EHCP must be reviewed at least once every 12 months and often, parents and schools can ask for an earlier review. The annual review provides an opportunity to consider your child’s progress, whether their needs have changed and whether the support in their plan remains appropriate.

It is also an important opportunity for parents, children and young people to have their views heard and to request changes where the EHCP no longer reflects what is needed.

If an annual review is delayed, your views are not properly considered or you disagree with the local authority’s decision, we can help you understand your rights and what you can do next.

What happens at an EHCP annual review?

The annual review should consider whether the EHCP continues to meet your child’s needs and whether any changes are required.

This will usually involve:

• Reviewing your child’s progress and current needs
• Considering the views of you and your child
• Reviewing the support and provision currently being provided
• Considering whether the outcomes in the EHCP remain appropriate
• Identifying any changes that may be needed

Following the review, the local authority must decide whether to maintain, amend or cease the EHCP.

What can be changed at an annual review?

An annual review can consider any part of your child’s EHCP.

Changes may be needed where, for example:

• Your child’s needs have changed
• New professional evidence or a diagnosis has been obtained
• Existing support is no longer sufficient
• Different or additional provision is required
• The outcomes in the EHCP are no longer appropriate
• A different school or type of placement is needed

The important thing is that the plan accurately reflects your child’s needs and the support they require now.

What if I disagree with the decision?

You do not have to accept a decision simply because it follows an annual review.

You may disagree with proposed amendments, believe important provision has been removed or reduced, or disagree with a decision to cease the EHCP altogether.

Depending on the decision, you may have a right of appeal to the First tier Tribunal (SEND).

There are strict deadlines for bringing an appeal, so it is important to seek advice as soon as possible after receiving the local authority’s decision.

What if the annual review is delayed?

An EHCP should be reviewed within 12 months of the plan being issued or the previous review being completed.

Delays can be particularly concerning where your child’s needs have changed or their current provision is no longer meeting those needs.

If the local authority fails to follow the required process or does not act within the appropriate timescales, we can advise you on the steps available to challenge the delay.

Can I ask for an early review?

Yes. An earlier review may be appropriate where there has been a significant change in your child’s circumstances or their existing EHCP is no longer meeting their needs.

This could include changes in their needs, new professional evidence, difficulties with their current placement or concerns that their existing provision is no longer sufficient.

We can advise you on whether an early review may be appropriate and help you understand what to do if your request is refused.

Phase Transfer Annual Review

Phase Transfer Annual Reviews

Moving to a new phase of education can be a significant change for a child with an EHC plan. A phase transfer review ensures their plan is updated in good time and that the right school or college and support are identified.

What is a phase transfer review?

A phase transfer review is an annual review specifically for children or young people moving between phases of education, such as:

  • Primary to secondary school
    • Secondary school to post 16 education
    • Other recognised changes of educational phase

The local authority must review and, where necessary, amend the EHC plan before the transfer takes place.

What are the deadlines?

For transfers to secondary school, the amended EHC plan must normally be issued by 15 February in the year of transfer.

For transfers to post 16 education, the deadline is normally 31 March.

What if I disagree with the proposed school or EHC plan?

Parents and young people have the opportunity to comment on proposed amendments and express a preference for a school or institution.

If you disagree with the proposed placement or amendments to the EHC plan, you may have a right of appeal to the SEND Tribunal.

Our specialist education solicitors can advise on phase transfer reviews, proposed amendments and school or college placement decisions.

How can we help?

We can help you prepare for an annual review, review your child’s EHCP and identify where changes may be needed.

If you disagree with the local authority’s decision, we can advise on your options and, where appropriate, support you with an appeal to the SEND Tribunal.

Our support can include:

  • Reviewing your child’s EHCP and proposed amendments
  • Identifying gaps in support or provision
  • Reviewing relevant professional evidence
  • Advising on early reviews and phase transfers

-attending annual reviews

– commenting on proposals made by the LA following an annual review

  • Challenging failures to follow the annual review process
  • Preparing tribunal appeals
  • Representing you at the SEND Tribunal where appropriate

Your child’s needs can change. Their EHCP should change with them. We can help make sure it does.

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