Annual Review Meetings (to review EHCPs)

If your child or young person has an Education, Health and Care (EHC) Plan, the Local Authority (LA) must review the EHC plan at least once a year based on evidence received. For children under five, a review may take place every six months.

It is the school’s responsibility to arrange the Annual Review meeting. Parents can request that the school, pre-school setting or college hold an early or interim Annual Review if they have significant concerns. The majority of evidence will be taken from the report created as a result of an Annual Review meeting.

If your child isn’t on roll at a school, a review must still happen. The local authority is responsible for making sure it does. This might be if you are educating your child at home, or if your child isn’t able to be in school for health or other reasons.

At this review meeting your child or young person’s progress will be discussed to ensure the EHC plan continues to meet his/her aspirations, goals and needs. If your child or young person’s needs change significantly, anyone raises serious concern about your child or young person’s progress or suggests a change in provision may be required to meet your child concern the Annual Review may be brought forward.

The purpose of these meetings is to review your child or young person’s EHC plan by:

• Bringing together the views of everybody involved with your child or young person’s education. This generally includes you (where your child is under the age of 16 or or your young person is age 16 or over and has requested for you to be invited), your child or young person and all those involved in helping your child or young person
• Reviewing the progress your child or young person has made in all areas
• Reviewing the special provision made for your child or young person
• Ensuring that targets set previously are being achieved and to set new targets for the next year
• Recommending amendments to the EHC plan. The LA will only amend your child’s EHC plan if there is a major change to your child or young person’s needs i.e. a medical diagnosis.
• Considering whether all your child or young person’s goals have been met and whether the EHC plan is still required

Please be aware that there is no legal requirement for you to be invited or involved if your young person is aged 16 or over unless they have asked for you to be invited or involved. This is because the Children and Families Act 2014, parental rights under the law in relation to the young person's education automatically pass to the young person once they reach the end of compulsory school age, being the last Friday of June in the year the child turns 16.

Your child or young person’s head teacher or principle must invite:

• You – providing your child is under the age of 16 or your young person is age 16 or over and has requested for you to be invited - parent’s/carer’s views are very important and you can discuss what your child is like at home, how he/she manages homework, friends, family [n.b You are also allowed to bring someone with you for support if you wish (ie. friend, relative or other support from SENDIASS or similar)]
• Your child or young person
• A relevant teacher
• A representative from the LA
• The child or young person’s Social Worker if appropriate
• Anyone else considered appropriate.

If there is anyone else you feel should be invited (i.e.. private therapists involved in child's care) you will have to tell your child or young person’s school or college you would like to be invited.

It is unlikely that everyone invited will be able to attend the review meeting. The head teacher or principle will try to ensure that the date of the meeting is convenient for you and for those people who have had most contact with your child.

The head teacher or principle must ask for written reports from: 

• You - providing your child is under the age of 16 or your young person is age 16 or over and has requested for you to be invited or involved - parent’s/carer’s views are very important
• Your child or young person
• Your child’s teachers
• All others invited to the review meeting.

The head teacher must then:

• Send copies of the written reports to all those invited to the review meeting at least 2 weeks before it takes place.
• Invite further views, including comments from those who are unable to attend the meeting.

If there is anyone else you feel should contribute (i.e. private therapists involved in child's care) their reports can be included even if they are not invited or cannot attend the review.

Pupils should be encouraged to give their views in the review process. The Children & Families Act puts great emphasis on ensuring the child or young person’s views aspirations and goals are central to the whole process. Wherever possible your child or young person should attend all or part of the Annual Review meeting. You may wish to talk to the school about your child or young person’s involvement in the review process. You may also find it useful to download and use materials to record Children and young person’s views from the LA Statutory assessments webpage (www.torbay.gov.uk/statutory-assessments/) to complete with your child or young person in advance of the meeting.

Comments on:

• Your child or young person’s progress over the last year
• What you are happy about and also any concerns
• What you feel your child or young person’s needs will be in school or college for the coming year
• What you think you and the school or college can do to help meet those needs
• Your child or young person’s aspiration and views about school
• You may also like to include some information about how you feel your child or young person is coping both at school or college and at home

You may find it useful to look at or use the official Annual review pro forma templates as a guide to help you cover all special needs/areas that will have to be considered in the meeting.

The meeting will normally include the following:

• The views of everyone attending the meeting or involved with your child or young person about your child or young person’s past year’s progress
• Your child or young person’s views, aspirations and goals
• The extent to which the objectives in the EHC plan, or those agreed at the previous annual review, have been met
• Objectives for the next year
• Planning the support from school or college and parents to help achieve these objectives
• Any further action required and who will be responsible for this (For reviews taking place when your child is in Yr5 this will include discussions about secondary transfer and Yr9 onwards will include post-16 transition, but remember Schools and Educational Psychologist's (EP's) cannot allocate places the decision rests with the LA)
• Whether the EHC plan needs amending or is no longer needed.

You may also discuss how your child or young person is coping in general and what can be done to help.

The school or college prepares a report summarising the results of the review meeting and setting out objectives for the following year. This should be completed within 10 working days. The report must be sent to all those involved in the review. The LA must then:

• Review the EHC plan in light of the report.
• Decide whether to accept the head teacher or college recommendations.
• Tell you, the head teacher or college and anyone else they think appropriate

The LA must notify you of their decision within 4 weeks of the meeting. 

• If the LA agrees to maintain the EHC plan with no changes the EHC Plan will continue.
• If the LA proposes to amend the EHC plan they will let you know in writing. They will then amend the EHC plan as soon as possible and send you a draft of the amended EHC plan. You will then have 15 days to consider these proposed changes and let the LA know if you agree to these changes and your choice of school. If you agree, following relevant consultation to ensure your chosen school also agree, the LA will produce an amended final EHC plan.
• If the LA proposes to cease the EHC plan they will let you know in writing.

If you do not agree with the changes you can discuss this with a member of the Special Educational Needs Team on 01803 208274.

If you still cannot agree, you have the right to:

• Ask SENDIASS Torbay for independent information, advice and support
• Contact national organizations for advice
• Use the disagreement resolution and mediation service
• Appeal to the First-tier Tribunal (SEN and Disability)