Download a copy of the Requesting an Annual Review to be completed – notice letter to be sent (template letter), or use the text below.
All of the parts of this letter in bold will need to be changed or deleted so that they are relevant to your situation.
[Your address and contact details]
[Name of Area SEN Manager]
[Address of area SEN team]
And by email to: [insert their email address]
Dear [name of Area SEN Manager],
Potential breach of Regulation 20 of the Special Educational Needs and Disability Regulations 2014:
[Child or young person’s name], DoB [date of birth]:
I am writing as the parents of the above child/young person who has an EHCP. [Child]’s EHCP was the subject of an annual review meeting held on [date] but I/We have had no decision in writing from the local authority.
Regulation 20 of the Special Educational Needs and Disability Regulations 2014 sets out the procedure in detail, making it clear that the review is complete only when the local authority records its decision in writing:
“(10) The local authority must then decide whether it proposes to—
(a) continue to maintain the EHC plan in its current form;
(b) amend it; or
(c) cease to maintain it,
and must notify the child’s parent or the young person and the person referred to in paragraph(2)(b) within four weeks of the review meeting.”
I am sorry to inform you that you are in breach of this duty. I therefore expect to receive a letter from you containing your decision and recommendations as soon as possible but in any case within 3 working days. As you are no doubt aware, there is a right of appeal for [parents / young people] following the review of an EHCP. If, however, you delay in issuing the letter, I will regard this as frustrating this right of appeal and will seek immediate legal advice.
[Or if on behalf of a young person:]
[Your name] on behalf of [name of young person]