How to prepare for an EHCP annual review: a SENCO's guide

An annual review is the point in the year when everyone involved looks at whether a child's support is working, and whether the plan still fits. The school usually arranges the meeting, but the review belongs to the local authority: it has to make sure the review happens, and it decides what follows.

This guide is for a child or young person who attends a school or other institution. Regulation 21 sets out a similar process for those who don't.

When the review has to happen

The local authority must review an EHC plan in the 12 months starting with the date it was first made, and then in each 12 months starting with the date it was last reviewed (Children and Families Act 2014, section 44(1)).

The SEND Code of Practice puts it this way at paragraph 9.169: the first review must be held within 12 months of the date the plan was issued, and then within 12 months of any previous review. The local authority's decision must reach the family within four weeks of the review meeting, and within those same 12 months. So count back from the deadline, not from the meeting.

Two dates then fall before the meeting (regulation 20):

• at least two weeks' notice of the date of the meeting must be given;
• advice and information must be circulated at least two weeks before the meeting.

Some reviews have a fixed date. When a child is within 12 months of moving between phases of education, the local authority must review and, where necessary, amend the plan before 15 February in the calendar year of the transfer, or before 31 March for a move from secondary school to a post-16 institution (regulation 18).

Who must be invited

Regulation 20(2) lists five:

• the child's parent, or the young person;
• the head teacher or principal of the school or institution, or the early years provider;
• a local authority officer for special educational needs;
• a health care professional identified by the responsible commissioning body;
• a local authority officer for social care.

The Code adds that other people relevant to the review should also be invited (paragraph 9.176). In practice, that may include the teacher or therapist who knows the child's progress best.

Gather advice and information first

The person arranging the meeting must obtain advice and information about the child from the people invited, and must send it to all of them at least two weeks before the meeting (regulation 20(4)). The same rule is at paragraph 9.176 of the Code.

This is the real preparation deadline. A report that arrives the day before the meeting has missed it, so ask early, and say when you need it back.

Set the evidence against each outcome

The review has to consider the child's progress towards the outcomes in the plan, and whether those outcomes remain appropriate (regulation 19(b)). The Code says reviews must focus on that progress, and must also consider whether the outcomes and supporting targets remain appropriate (paragraph 9.166). It also says reviews should look at whether the provision is effective (paragraph 9.167).

The law doesn't set a format for this. One way that works well is to take each outcome in turn and write down:

• what shows progress, with its source and date;
• what doesn't, with its source and date;
• whether the provision was delivered, and how much of it;
• your view on whether the support is working, and why.

Check delivery before you judge the support. If an outcome hasn't moved and most sessions didn't happen, that is a different conversation from an outcome that hasn't moved after every session took place.

The child's and parents' views

The local authority must consult the child and the child's parent, or the young person, and take account of their views, wishes and feelings (regulation 19(a)). The Code says reviews must be undertaken in partnership with them (paragraph 9.168), and that they should be supported to engage fully in the meeting (paragraph 9.176).

Ask for these views early, in a way that suits the child, and put them first in what you share. Parents are also among the people who must receive the advice and information two weeks before the meeting.

At the meeting

The child's progress towards the outcomes must be considered at the meeting (regulation 20(5)). The Code says the meeting must also focus on what changes might need to be made to the support, and on whether the outcomes themselves need to change (paragraph 9.176).

From Year 9, the meeting must also consider what provision is needed to help the young person prepare for adulthood and independent living (regulation 20(6)).

The report

For most schools, the local authority must ask the head teacher or principal to prepare a written report. It sets out recommendations on any amendments to the plan, and refers to any difference between those recommendations and the recommendations of others at the meeting (regulation 20(7)).

The report must include the advice and information gathered, must be prepared within two weeks of the meeting, and must be sent to everyone who was invited (regulation 20(9)).

Keep each recommendation close to its evidence. A recommendation that says what should change, why, and which report supports it is easier for the local authority to act on.

What happens after

The local authority must decide whether to keep the plan as it is, amend it or stop maintaining it, and must tell the family and the school within four weeks of the meeting (regulation 20(10) and paragraph 9.176 of the Code).

If it proposes to amend the plan, it must send the family a copy of the plan with a notice of the proposed amendments and the supporting evidence, and give them at least 15 days to respond (regulation 22(2)). It must send the final plan, or say it has decided not to amend, within 8 weeks of sending that notice (regulation 22(3) and (4)).

If it decides not to amend the plan, or to stop maintaining it, it must tell the family about their right to appeal (paragraph 9.176 and regulation 20).

A school can't amend the plan. Until the local authority does, the provision stays as written.

A short checklist

• You know the date the plan was issued or last reviewed, and the 12-month deadline.
• Everyone in regulation 20(2) has been invited, with at least two weeks' notice.
• Advice and information have been asked for early enough to circulate two weeks before.
• The child's views and the parents' views are recorded.
• Each outcome has its evidence, for and against, with sources and dates.
• Delivery of the provision is recorded beside each outcome.
• Your view on whether the support is working is written down, with a reason.
• The report will be sent to everyone invited within two weeks of the meeting.
• From Year 9, preparation for adulthood is on the agenda.

Sendix helps staff prepare for this. See how an EHCP annual review comes together, with the evidence for and against each outcome and a draft ready to share.