Purpose of the review

The annual review is the statutory process of reviewing the needs, provision and outcomes specified in the EHC plan. It enables the local authority to make clear and robust decisions about the quality of the EHC Plan, pathway planning, and decision-making.

The Annual Review of an Education, Health and Care plan (EHCP) is not just a meeting. It is a process by which the outcomes set out in the EHC Plan and the effectiveness of provision are reviewed alongside all other sections of the EHCP.

EHCPs must be reviewed and the process completed by the local authority (LA) within every 12 months, as a minimum. For pre-schoolers with EHCPs, this review must be within 6 months.

Requesting reviews and reassessments

Requesting an Interim Review

An interim review can be requested by the educational setting, family, or young person if a significant change occurs. Reasons may include:

• concerns about the delivery of educational provision in the EHC Plan,
• attendance,
• access to education,
• or a significant change in the CYP’s presentation. 

The SEND Team will consider these requests.

Requesting a reassessment

An Annual Review can be used to request a reassessment of a CYP. The LA may refuse if:

1. less than 6 months have passed since the last EHC needs assessment
2. if it deems a further assessment unnecessary due to no significant change in the CYP’s needs.

Please send the completed Record of Annual Review document, alongside all other relevant Annual Review documentation, within 2 weeks of the date of the Review meeting to:

• ehcenquiries@buckinghamshire.gov.uk
• The subject line should say: "Annual Review – [CYP’s initials and student ID number]"

 

 

Below are some points from the SEND Code of Practice on Annual Reviews: 

Reviewing an EHC plan

Relevant legislation: Section 44 of the Children and Families Act 2014 and Regulations 2, 18, 19, 20, and 21 of the SEND Regulations 2014. 

9.166

EHC plans should be used to actively monitor children and young people’s progress towards their outcomes and longer-term aspirations. They must be reviewed by the local authority as a minimum every 12 months. Reviews must focus on the child or young person’s progress towards achieving the outcomes specified in the EHC plan. The review must also consider whether these outcomes and supporting targets remain appropriate.

9.167

Reviews should also: 

• gather and assess information so that it can be used by early years settings, schools or colleges to support the child or young person’s progress and their access to teaching and learning
• review the special educational provision made for the child or young person to ensure it is being effective in ensuring access to teaching and learning and good progress
• review the health and social care provision made for the child or young person and its effectiveness in ensuring good progress towards outcomes
• consider the continuing appropriateness of the EHC plan in the light of the child or young person’s progress during the previous year or changed circumstances and whether changes are required including any changes to outcomes, enhanced provision, change of educational establishment or whether the EHC plan should be discontinued
• set new interim targets for the coming year and where appropriate, agree new outcomes
• review any interim targets set by the early years provider, school or college or other education provider

9.168

Reviews must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including their right to request a Personal Budget. 

9.169

The first review must be held within 12 months of the date when the EHC plan was issued, and then within 12 months of any previous review, and the local authority’s decision following the review meeting must be notified to the child’s parent or the young person within four weeks of the review meeting (and within 12 months of the 195 date of issue of the EHC plan or previous review). Professionals across education, health and care must co-operate with local authorities during reviews. The review of the EHC plan should include the review of any existing Personal Budget arrangements including the statutory requirement to review any arrangements for direct payments. For looked after children the annual review should, if possible and appropriate, coincide with one of the reviews in their Care Plan and in particular the personal education plan (PEP) element of the Care Plan.

9.170

Local authorities must also review and maintain an EHC plan when a child or young person has been released from custody. The responsible local authority must involve the child’s parent or the young person in reviewing whether the EHC plan still reflects their needs accurately and should involve the youth offending team in agreeing appropriate support and opportunities.

9.171

When reviewing an EHC plan for a young person aged over 18, the local authority must have regard to whether the educational or training outcomes specified in the EHC plan have been achieved. 

9.172

The local authority should provide a list of children and young people who will require a review of their EHC plan that term to all headteachers and principals of schools, colleges and other institutions attended by children or young people with EHC plans, at least two weeks before the start of each term. The local authority should also provide a list of all children and young people with EHC plan reviews in the forthcoming term to the CCG (or, where relevant, NHS England) and local authority officers responsible for social care for children and young people with SEN or disabilities. This will enable professionals to plan attendance at review meetings and/or provide advice or information about the child or young person where necessary. These lists should also indicate which reviews must be focused on transition and preparation for adulthood.

 

Below is information on the timeframes and responsibilities for settings: 

1. Settings provide a list of the annual review dates at the start of the academic year. 
2. At least 4 weeks before the meeting, invitations are sent out. 
3. At least 2 weeks before the meeting, the setting gathers reports/advice from attendees and circulates it.
4. The setting holds the annual review meeting.
5. Within  2 weeks of the annual review meeting, the setting submits paperwork to the LA.
6. Within 4 weeks of the annual review meeting, the SEND team decides if it proposes to make no changes, make amends or propose to cease. 
7. Where changes have been requested, the SEND team must issue the final EHC within 8 weeks. 

Completing a Request to Assess

The below outlines how schools can request CYP Therapies to Assess to Inform at Annual Review. You can request this when a CYP's EHCP does not have a therapy provision, but you have identified new therapy needs. 

1. CYP has an EHCP with no therapy provision on the plan. New therapy needs have been identified. 
2. SENDCo discusses CYP’s new needs with a therapist (at the School Advice Clinic). If a referral is needed, the SENDCo completes a referral form. 
3. SENDCo emails bht.cyptehcp@nhs.net with the subject line: "Request to Assess to Inform Annual Review". The SENDCo must also provide: 
   1. The completed CYP Therapies Annual Review referral form. 
   2. Most recent EHCP.
4. CYP Therapies triages the request. If there is not enough information, it will not be possible to process the request. 
5. If CYP Therapies need further assessment, they will provide guidance. This will be in the format of an Annual Review report. 
6. SENDCo uses the CYP Therapy Annual Review report to inform proposed changes to the EHCP. 

Due to the volume of EHCPs, we have co-produced an Annual Review Strategy with schools and families. This strategy ensures timely review meetings and amendments to EHCPs. It prioritises those who need changes to prevent disruptions to education. The strategy highlights the following priorities: 

• Vulnerable groups: For example, those with a social worker, not in an education setting or at risk of exclusion. 
• Phase Transfers: Starting school or moving to secondary school/college. 
• Overdue reviews: EHCPs overdue for 2 years or more. 
• Under 5s: Reviews every six months, focusing on school readiness. 
• Prioritised Annual Reviews for EHC Coordinators: 
  • Year 1
  • Year 2 
  • Year 6
  • Year 9 
  • Year 11 
  • Post-16 transition reviews where a programme of study is ending. 

Additional priorities

• CYP released from custody, involving the youth offending team. 
• Significant concerns about CYP’s progress or access to learning. 
• Vulnerable placements due to complex/significant needs. 
• Significant changes in need. 
• Recent moves into the local area. 
• All statutory processes and adherence to statutory responsibilities will be kept under continual monitoring and review. Key performance indicators will be at the centre of this. In addition, the iSEND team will: 
• Keep under review how compliance in relation to time frames for Annual Reviews of EHCPs is monitored and audited through annual audits of the process. 
• Ensure there is clear guidance regarding exceptions and that these are kept to a minimum. 
• Ensure appropriate action is taken on casework where there is a significant overrun of statutory timeframes.