National education and disability law firm
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Annual reviews
An education, health and care plan (EHCP) once in force, must be reviewed annually.
Something that is often overlooked, particularly if you have endured a fight with the local authority to achieve a properly specified and quantified EHCP, is the importance of the annual review. Good preparation is key to a successful annual review.
Key things you should know in relation to annual reviews:
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The local authority must ensure that a meeting is held annually (but will often require the school/college to arrange and hold the meeting).
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All attendees must be given two weeks notice of the meeting.
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All reports must be obtained and circulated to all attendees at least two weeks in advance.
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The child/young persons' progress towards achieving the outcomes in the EHCP must be considered.
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For young persons in or beyond year 9, the meeting must consider what provision is required to assist the young person in preparation for adulthood.
Why annual reviews normally go wrong:
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Often schools are overly positive at annual reviews without making it clear what is required for the future, which can result in needs being reduced and provision being taken away
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There is often a focus on progress, without identifying the support that has been in place to achieve it
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Not much thought is given to the evidence, which will later appear in a SENDT bundle if there is a dispute
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Consideration isn't given to the updating of the EHCP, which means with every passing review, the EHCP becomes more and more outdated. This is fundamental to avoid if you are requesting a placement change later on.
Following an annual review:
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A report must be prepared making recommendations on any amendments to the EHCP within two weeks of the meeting.
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The local authority must notify parents or the young person within four weeks of the meeting, whether they are going to: leave the EHCP in its current form; amend the EHCP; or cease to maintain the EHCP. In doing so, they must provide a right to appeal, state the time limits for doing so, and provide information concerning mediation and availability of disagreement resolution services.
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If the local authority wish to make amendments to the EHCP, they will confirm this in writing with a notice of the proposed amendments and supporting evidence. The local authority will then have a further eight weeks to finalise the EHCP.
From our experience, many parents only realise the importance of a well prepared annual review once the meeting has taken place and they have been refused changes to the EHCP, denied their choice of school or been informed that their EHCP is no longer required. At this point, parents are forced to lodge an appeal to challenge that decision, which may have been otherwise avoided with a properly prepared annual review.
If you need support with your annual review, one of our expert solicitors can advise you on the paperwork in advance and/or attend with you provided we have ample notice. Good preparation now is key. Contact us on 01284 723952 or 01223 650857 so we can talk through maintaining your current level of provision.
