ANNUAL & PHASED TRANSFER REVIEWS OF AN EHCP
PHASED TRANSFER
ANNUAL REVIEWS
An Education, Health and Care Plan (EHCP) must be reviewed at least every 12 months, or every 6 months for children under 5 (early years).
This process is set out in law and must be followed by the LA.
An interim or early annual review can also be requested at any time if:
there is a risk to the current education placement, or
there are concerns that the provision in the EHCP is not meeting the needs of the child or young person
The same statutory process applies to these early reviews, however it must be agreed by the LA, otherwise the statutory process is not applicable.
The purpose of the annual review is to:
gather up-to-date information about the child or young person
review the impact of the provision in Section F
assess progress toward the EHCP outcomes
for those in Year 9 or above, what provision is needed to help them prepare for adulthood and independent living.
The review should be evidence-based. It is not sufficient to simply state that progress is being made. Clear evidence should show:
what progress has been made
how this has been measured
whether it is considered satisfactory
If your child or young person attends a school or other institution this is done by the head teacher/principal or SENDCo.
In all other circumstances, the LA is responsible for obtaining and circulating this information.
At least 2 weeks before the meeting
Invitation to attend the annual review meeting
Speech and Language Therapy (SALT)
Occupational Therapy (OT)
Educational Psychologist (EP)
Paediatrician
CAMHS
Any other relevant service
LA officer (social care).
Other individuals relevant to the review should also be invited (e.g. youth offending teams, job coaches).
(Although these people must be invited to attend, attendance is not compulsory. However, where the child or young person attends a school/other institution, the Code considers that reviews are most effective where the educational establishment leads the review. If you have received less than two weeks’ notice of the meeting date, you should consider asking to postpone the meeting so the procedure can be carried out properly.)
At least two weeks before the meeting
Obtain information and advice from all invitees and circulate to all invitees
The information and advice should provide details about the child or young person’s progress and their access to teaching and learning and consider whether the special educational provision currently being made is effective.
Parents, young people or professionals can make suggestions about changes that should be made to the EHCP.
Having this information and advice gathered before the meeting is crucial where amendments to the EHCP are sought and is one of the stages most often omitted or not properly complied with.
Prepare your own notes for the review meeting and set out what you think needs to change, so you can be sure everything you want to discuss is covered.
Consider your child or young person’s progress towards outcomes and whether the outcomes remain appropriate for your child or young person.
The outcomes may require changing. If they have been achieved, or if they need to be changed, the LA should amend the EHCP with new outcomes.
The Annual Review Meeting
The meeting will consider:
progress towards EHCP outcomes
whether the provision in Section F is being delivered
whether provision is effective and appropriate
It is important that a record of what was discussed and/or agreed at this meeting is kept. Parents or young people can take someone with them to support them.
Within two weeks of the annual review meeting
School to send out the paperwork
The school (or education setting) must send all paperwork without delay to the LA.
This must include:
all professional reports
records of the meeting
any requested amendments to the EHCP
any difference between those recommendations and recommendations of others attending the meeting.
all the information and advice obtained about the child or young person.
any personal budget requests
These documents should also be shared with everyone who attended the review or submitted advice.
Parents or the young person must be sent a copy of this.
Remember, if you think something is incorrect or is missing from this report, you can contact the LA to notify them.
Within 4 weeks of the review meeting
LA decides whether to...
maintain the EHCP in its current form
amend it
cease to maintain it (following consultation)
LAs have a deadline by which they must make a decision. It’s very important to make a note of this deadline.
If the LA fails to keep to this deadline, they are in breach of the law, and you can make a complaint.
With the notice of decision
LA decides to keep the EHCP the same or cease to maintain it
If the decision is to keep the EHCP the same or to cease to maintain it, the LA must also provide...
notice of their right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”) and the time limits for doing so
information about mediation.
information about the availability of disagreement resolution services and information and advice about matters relating to the SEN of children and young people.
Usually LAs will give reasons for their decision but, if this is not provided, you can ask for their reasons.
With the notice of decision
The LA decides to amend the EHCP
If the decision is to amend the EHCP, the LA must send a copy of the EHCP to the parents or young person with notice of proposed amendments and include any evidence supporting the amendments.
The LA must issue:
a copy of the current EHCP
an amendment notice / draft EHCP outlining proposed changes
all supporting evidence
At this stage:
Section I (placement) will be left blank
a placement is only named in the final EHCP
The parent or young person has 15 calendar days to:
comment on the proposed changes
request amendments
request a specific school, college or setting
request a meeting with the LA
They must also inform the parent/young person of their rights to make representations about the content of the EHCP and to request a particular school/institution.
Parents/young person can make representations about the content of the EHCP and/or the proposed amendments, request that a particular school/institution is named, and request a meeting with their SEND officer.
The Code says at para 9.176, “If the plan needs to be amended, the local authority should start the process of amendment without delay”.
If the LA fails to send you the decision notice and proposed amendments within four weeks of the review meeting, they are in breach of the law, and you can make a complaint.
Within 8 weeks from the date of the decision letter and proposed amendments
The LA must issue the final EHCP
The amended EHCP should clearly state that it is an updated version of the plan and include both the date of the amendment and the date of the original EHCP. The LA should also attach the annual review paperwork, including the review meeting notes and any professional advice or reports considered during the review.
If the LA does not meet the legal deadlines for completing this process, it is not complying with its legal duties. Parents and young people can make a complaint and may wish to seek advice about what action can be taken next.
With the final EHCP
The LA must issue the final EHCP within 8 weeks of the amendment notice.This will include:
the final EHCP, including placement (Section I)
notice of right to appeal to the SEND Tribunal and state the time limits of 2 months from the date of the final EHCP
information about mediation
It is important to save copies of:
the final EHCP
the decision letter
all supporting documents
Right of Appeal
You have the right to appeal, decisions to maintain, amend, or cease the EHCP to the SEND Tribunal.
Review Section B – Needs
Are all of your child/young person’s needs still accurate and up to date?
Have any new needs emerged?
Are there needs that are no longer relevant?
Do reports from professionals reflect what you see at home or in education?
If needs have changed, the EHCP should be updated to reflect this.
Review Section F – Provision
Does the provision clearly match each identified need in Section B?
Are the provisions...
Specific and detailed (who, what, how often, how long)?
Being delivered in practice?
Is there provision that:
Needs to be changed or increased?
No longer needed?
Is there support currently being given that is not written into Section F
If provision is not leading to progress, it may need to be amended or strengthened.
Review Outcomes (Section E)
Have the outcomes been:
Achieved
Being worked towards
Not achieved / no longer appropriate
Do any outcomes need:
updating or rewriting?
making more specific or measurable?
Outcomes must be SMART and reflect what is important and achievable for your child or young person.
Consider Progress
What progress has been made:
academically?
socially/emotionally?
in independence skills?
Is the progress clear and evidence-based?
Do you agree with the school’s view of progress?
If progress is not satisfactory, think about what may need to change in Section F.
Gather Evidence
You may want to collect:
recent school reports
professional reports (SALT, OT, CAMHS, etc.)
examples of work or progress
your own views and observations
Prepare Questions for the Review
You may find it helpful to write down questions in advance, for example:
Progress
What progress has been made since the last review?
How is this being measured?
Is this level of progress considered satisfactory? Why?
Provision
Is all provision in Section F being delivered?
How is this support being implemented day-to-day?
What is working well?
What needs to change?
Support and next steps
Is any additional specialist advice needed?
Are there gaps in support?
What changes are being recommended, and why?
Your Views
Helpful questions to consider include:
What progress is being made, both academically and developmentally?
Is this progress considered satisfactory, and what evidence supports this?
Is all of Section F being delivered, and how is this happening in practice?
Is there additional provision being delivered that is not written in the EHCP?
Is there any missing provision that should be included?
What is working well?
What are your main concerns?
What changes would you like to see?
What outcomes are most important moving forward?
If progress is not satisfactory, this may indicate:
provision is not being delivered effectively, or
provision is insufficient or missing
Year 9 and Above
Is there a focus on:
Preparing for adulthood
Independence
Further education or employment?
Top Tip
Take your notes to the meeting and don’t be afraid to:
Ask for clarification
Challenge decisions (politely and constructively)
Request that your views are clearly recorded