EHCP Annual Review: What Happens, Your Rights, and How to Prepare

An EHCP is not a static document. A local authority has a statutory duty to review every EHCP at least once every 12 months. For many parents, the Annual Review is both an opportunity and a risk: an opportunity to strengthen the plan, update provision as needs change, and push for a better placement — and a risk that the LA uses the review to reduce support or, in the worst cases, begin the process of ceasing the plan.

Understanding exactly how the Annual Review works gives you the leverage to use it effectively.

Who Does What and When

The Annual Review is typically hosted by the educational setting — the school or college. The setting convenes the meeting, invites the relevant professionals, and produces a written report of the outcome.

After the meeting, the school has two weeks to send its report to the local authority. The LA then has a maximum of four weeks from the date of the meeting to formally notify you of its decision. That decision will be one of three:

1. Maintain the plan in its current form
2. Amend the plan — in which case the LA must issue a draft amended plan and, following your review period, a final amended plan within 8 weeks of the draft, and no later than 12 weeks after the Annual Review meeting
3. Cease the plan

These are not targets or aspirations — they are statutory deadlines. If the LA misses them, they are in breach of the SEND Regulations 2014.

What You Should Do Before the Meeting

The Annual Review is not a passive update meeting. It is your formal opportunity to put evidence on the table and shape what happens next. The difference between a well-prepared parent and an unprepared one, in terms of outcomes from the same meeting, can be significant.

Prepare a written parental report in advance. This should cover:

• Your observations of progress (or lack of progress) against the outcomes in Section E
• Any changes in your child's needs since the last review or since the plan was issued
• Your views on whether the current placement is still appropriate
• Any new professional reports or assessments (private or NHS) that weren't included in the original plan
• Any specific provision you want added or strengthened in Section F

Submit this report to the school before the meeting so it forms part of the formal record. Do not rely on verbal contributions at the meeting — written evidence is harder to ignore and forms part of the legal paper trail.

What to Watch For During the Meeting

Annual Reviews can feel like a formality when everything is going well. When there is conflict — when you believe the provision isn't sufficient, or when you suspect the LA may want to reduce support — the meeting dynamic is different.

Watch out for:

Pressure to agree to reductions. Some schools or LA representatives suggest reducing TA hours or removing provision because the child has made progress. Progress is not a reason to remove the provision that enabled the progress. Under SEND Regulations, a plan can only be ceased if the child no longer requires the special educational provision, not simply because they have met targets.

New outcomes that lower the bar. Poorly drafted outcome revisions can weaken the plan. Review any proposed new outcomes against the SMART criteria and push back on vague or unambitious revisions.

Assurances without documentation. Verbal promises made in the meeting — "we'll add that to the plan" or "we'll arrange that for next term" — mean nothing unless they appear in the written report and subsequently in the amended plan.

Missing invitees. Everyone who has contributed to the child's provision should be invited to the review. If a key professional — an EP, therapist, or specialist teacher — has not been consulted, the review is not fully informed.

Phase Transfer Reviews

When a child is moving from one phase of education to another — nursery to primary, primary to secondary, or secondary to post-16 — the Annual Review in the transfer year has additional legal significance and stricter deadlines.

For transfers from early years to primary, or primary to secondary, the LA must review, amend, and name the new placement in Section I by 15 February of the transfer year. For post-16 transitions, the deadline is 31 March.

These deadlines exist to allow sufficient time for transition planning and — if necessary — a Tribunal appeal if the named placement is disputed. If the LA misses these deadlines, you have very limited time to mount a challenge before the September start, so pressing the LA early and often is essential.

If You Disagree With the Outcome

Following the Annual Review, if the LA decides to amend or cease the EHCP in a way you disagree with, you have the right to appeal to the SEND Tribunal. You must register the appeal within two months of the LA's decision notice.

If the LA decides to maintain the plan but you believe it should be amended — because it no longer reflects your child's needs or because Section F provision is inadequate — you can also request a review outside of the annual cycle. The LA must comply with a reasonable request.

For a complete Annual Review preparation checklist — including what to prepare, what questions to ask, and what to look out for at each stage — see the England EHCP & SEN Blueprint.

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