It is really important that Education Health Care (EHC) plans do not stay the same whilst they are in place, as the needs of children and young people change over time and as such, so does the provision they need.
When should EHC plans be reviewed?
EHC plans must be reviewed once per year and where necessary updated to reflect changes in special educational needs and required special educational provision. This is particularly important before a child moves to secondary school and in Year 9, as at that point it becomes important to consider post-16 choices. The main purpose of an annual review is to review the child or young person’s progress towards achieving the outcomes specified in their EHC plan.
You should be informed of the date of any review meeting two weeks before it is to take place. If shorter notice is given, you may request the meeting be delayed.
Before any review meeting, a local authority will inform the head teacher which pupils’ EHC plans must be reviewed in that term. A school must then request advice relating to those pupils from all relevant parties and invite them to the EHC plan annual review. The meeting will be held with parents, the child (if able), the local authority, the school and all the professionals involved. The child’s progress over the previous 12 months will be discussed and amendments to the child’s EHC plan considered.
After the meeting and within 14 days, the head teacher (or the local authority if a child or young person does not attend a school or other educational institution) must prepare a report recommending any changes to an EHC plan.
After considering the report, a local authority must then decide whether it proposes to continue with the EHC plan in its current form, cease to maintain the EHC plan or amend it. The decision must be shared with a child’s parents or the young person within four weeks of the annual review date.
When should EHC reviews take place?
There are particular rules concerning when review meetings must take place if an individual is moving between education “phases”. For those children of compulsory school age, the legal deadline is 15 February. For those post-16, the legal deadline is 31 March.
Reviews should take place in the autumn term, and if a review has not taken place by November then urgent action should be taken. If a review is not carried out by the relevant legal deadlines, you have options. These include taking action against the local authority for failing to carry out its statutory duties.
We can assist by sending a Pre-Action Protocol Letter to the local authority for a fixed fee, bring to its attention its failures and reminding it of your right to bring a claim for judicial review.
What happens if our EHC plan is refused after our review?
If after a review is undertaken, the local authority refuses to amend an EHC plan or decides to cease to maintain an EHC plan, parents and young people have a legal right of appeal to the First-tier Tribunal (Special Educational Needs and Disability) (“SENDIST”). If an appeal is to be made, mediation must be considered. It can be helpful to use mediation, especially if time is needed to collect more evidence.
If mediation is utilised and completed, or you inform the mediation service that you do not wish to proceed with it, a certificate will be issued. SENDIST must receive your appeal no later than one month after the date of the certificate or two months from the date of the local authority’s decision (whichever is later).
How can Birkett Long's education team help?
We can advise you on the likelihood of mediation being successful and if you should decide to proceed with it, we can make sure you are ready. If mediation is unsuccessful, or you decide not to proceed with it, our specialist SEND solicitors can assist you in preparing your appeal to SENDIST. This may include obtaining further necessary evidence, preparing written representations and compiling evidence. We can also represent you at the hearing at SENDIST.
Appealing after annual review of an Education Health Care Plan
If you require advice and/or assistance with a Pre-Action Protocol letter, mediation or an appeal to the SENDIST, contact our team.
