Annual reviews

Annual review process

Annual review process

The Annual Review (AR) is more than just a review meeting, it is a process that must be completed. The process is only completed when parents/young people are informed of the Local Authority's (LA) decision (a notice of decision letter from the LA).

The meeting must take place within 12 months of the last Annual Review. (If you have a new Education Health and Care Plan (EHCP) your first Annual Review should take place within 12 months of it first being finalised).

The Annual Review process is laid down in law and in the Code of Practice. The LA will tell headteachers which EHCPs at their school must be reviewed in the coming term. If your child is out of school, the LA should carry out the Annual Review, this will include where children are electively educated at home (EHE).

IPSEA have template letters relating to communication with the LA for different stages of the Annual Review process; you can adapt these as required.

You can also ask the LA to hold an emergency, or early, Annual Review (EAR) or Interim Review (IR) if, for example,

• new reports have been written or new evidence comes to light and this is not included in your/your child's EHCP,
• there are significant changes in your/your child's needs,
• there is a breakdown in placement or you feel that the provision stated in the EHCP is not being delivered.

There are also Transition Reviews (TR) which are held at key stage transfer times, for example primary to secondary. These are normally held early in the autumn term the year before the transfer is due to happen.

Overview of the Annual Review process

Step 1

The school or local authority obtain written advice and information from the child/young person, parents and all relevant professionals.

What should you do: If you feel the EHCP needs to be changed, this is your opportunity to detail any changes you feel necessary. If there are any new reports or assessments, highlight them at this point.

Step 2

Invites are sent. At least 2 weeks' notice must be given prior to the meeting. The advice and information obtained in step 1 must be circulated to all invitees.

As well as the child/young person and parents, the following people would also be invited to the meeting:

• Your/your child's case officer from the local authority (LA)
• A health care professional identified by the Clinical Commissioning Group (CCG)
• An officer of the LA exercising the social care function.

Step 3

The Annual Review meeting is held. The following is covered:

• The child/young person's progress towards achieving the outcomes specified in their EHCP and whether the outcomes still remain appropriate
• Review of the child/young person's aspirations
• Review and setting of new short-term targets
• Whether any changes need to be made to the provision (Section F) including whether the
  placement is still appropriate.
• If a child/young person is in year 9 or beyond, the meeting must consider what provision is required
  to assist them in preparation for adulthood and independent living.

What should you do:

• Be prepared.
• Write a list of things you highlighted at stage 1
• Note any questions you want to ask
• Check everything is covered before the meeting ends.
• Take someone with you if you wish. Two sets of eyes and ears are better than one

Further information can be found on our tips for meetings page.

Step 4

Following the meeting the school (or host) must prepare a report that includes recommendations for any amendments to the EHCP including details where reviews differ. This must be sent to everyone invited to the meeting including the LA within 2 weeks. The report must include all the advice and information obtained under step 1.

What should you do: If you feel the meeting was misrepresented or have other comments about the report you can make your views known to the LA in writing. This must be done as promptly as possible because the deadline for the LA's decision is 4 weeks from the meeting.

Step 5

The LA then has 2 weeks (4 weeks from the date of the meeting) to decide to either:

1. Leave the plan unchanged,
2. Amend the plan, or
3. Cease the plan.

The LA will tell the parents, the young person and the school/setting of its decision in writing:

• for 1 and 3 above this is called a 'notice of decision' letter which gives you a right to appeal.
• for 2 above this is called an 'amendment notice' letter which does not give you the right to appeal at this stage; you must wait for the letter with the final amended EHCP to have the right appeal. The amendment notice letter should also include a copy of the amended EHCP and any evidence supporting the amendments. The EHCP is at draft stage at this point.

What should you do: Chase your Case Officer if your letter has not been received within 4 weeks of the review meeting.

Once you receive the draft copy of the EHCP you have 15 days to:

• make representations about the content of the EHCP,
• request that a particular school or other institution be named in the EHCP,
• request a meeting with an officer of the LA if you wish to discuss the EHCP.

The EHCP must be finalised within 12 weeks of the review meeting. The final EHCP letter will give you your right of appeal, if required.

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Please note: Annual Reviews must still take place even if a Tribunal appeal is under way. The Annual Review could be an opportunity to try and resolve some of the issues in dispute. If the LA issues a new amended EHCP after the Annual Review, this can be treated as a working document in the current appeal, rather than you having to register a new appeal.