Where a child or young person has an education, health and care plan (EHC plan), it must be reviewed annually by the local authority (LA).
The first review of the EHC plan must be held within 12 months of the plan being finalised. Subsequent reviews must be held within 12 months of the previous review.
The process the local authority must follow when reviewing an EHC plan is set out by law and is described in detail in the SEND Code of Practice 2015.
- The LA must consult with the parent of the child or young person (and with the school or institution being attended if there is one) about the EHC plan
- An annual review meeting must take place to discuss the EHC plan
- Information must be gathered from parents and young people and from professionals about the EHC plan and then circulated two weeks before the meeting
- After the meeting a report of what happened must be prepared and circulated to everyone who attended or submitted information to be discussed
- After the meeting the LA reviews the EHC plan
- The LA must notify the parent of the child or young person of their decision within four weeks of the meeting.
There are only three decisions the LA can make:
- To leave the EHC plan alone
- To amend the EHC plan
- To cease the EHC plan if they think it is no longer necessary for it to be in place
- In each case, even if the LA decides to do nothing, there is a right of appeal triggered to the Tribunal about the education contents of the plan.