Explain
Annual review
The council must review an EHC plan at least once every 12 months. At least 2 weeks' notice of the review meeting must be given, and the advice must be sent out at least 2 weeks before it. A report must follow within 2 weeks of the meeting. Within 4 weeks of the meeting, the council must decide whether to keep the plan as it is, amend it, or stop maintaining it. It must tell the parent or young person.
The review must look at progress towards the outcomes in the plan and whether they are still right. The council must consult the child and parent, or the young person, and take account of their views, wishes and feelings. The High Court has held that when the council decides to amend, its decision within 4 weeks must set out the substance of the changes it proposes. From Year 9, every review must consider preparing for adulthood. For children under 5, the Code of Practice says councils should consider reviewing at least every 3 to 6 months. A decision not to amend after a review can be appealed to the SEND Tribunal. When the 12 months start is not settled: see "When the next annual review is due".
- Type of rule
- Law (Act or Regulations)
- Rule id
annual_review- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 44(1)Law (Act or Regulations)
- SEND Regulations 2014, reg 19Law (Act or Regulations)
- SEND Regulations 2014, reg 20(3)Law (Act or Regulations)
- SEND Regulations 2014, reg 20(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 20(7)Law (Act or Regulations)
- SEND Regulations 2014, reg 20(10)Law (Act or Regulations)
- SEND Regulations 2014, reg 21(9)Law (Act or Regulations)
- R (L) v Devon County Council [2022] EWHC 493 (Admin)Case law, to verifyStill to confirm the citation, the holding, that the decision has not been overturned on appeal, and that it is treated as binding on the First-tier Tribunal.
- SEND Regulations 2014, reg 20(6)Law (Act or Regulations)
- SEND Code of Practice 2015, para 9.178Code of Practice: should (follow unless there is a good reason not to)
- Children and Families Act 2014, s 51(2)(e)Law (Act or Regulations)
Related
- When the next annual review is due
- Early review
- Amending a plan
- Moving between school phases (phase transfer)
- Year 9
- Ceasing (ending) a plan
In an assistant, the ehcp_calculate_deadlines tool helps with this: EHCP deadlines.
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