Rulebook · Time limit

First annual review of the plan

The council must review the plan within the 12 months starting with the date it was first made. The review meeting is part of the review. The Code of Practice adds that the council's decision after the review meeting must also be sent within those 12 months (para 9.169).

How it is counted

Within the 12 months starting with the day the plan was first made: that day counts, so the period ends the day before the anniversary (28 February for a period beginning with 29 February).

Whose date it is

The council

What starts it

The council sent the final EHC plan

What counts as done

The annual review meeting (held or planned), or The last annual review meeting for the plan

What stops it, with nothing more due

The plan transferred to a new council after a move, or The council sent the plan after re-assessment (a decision after re-assessment not to amend does not count)

Type of rule

Law (Act or Regulations)

Rule id

first_annual_review

Rules version

england-2026.10

Law as at

30 September 2026

If the date passes

The plan stays in force: it does not lapse or end because a review is late. The council still has to review it.

Steps people often take:

• Write to the council's SEN team, say which time limit has passed, and ask when it will be done.
• Make a formal complaint through the council's complaints process.
• If that does not resolve it, complain to the Local Government and Social Care Ombudsman, which looks at delay.
• For serious delay, a solicitor can send a pre-action letter before a judicial review claim, which must be brought promptly and within 3 months.

Your own deadlines do not change because the council is late.

Sources

• Children and Families Act 2014, s 44(1)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.169Code of Practice: must (restates the law)
• SEND Code of Practice 2015, para 9.166Code of Practice: must (restates the law)

Work out your dates

The whole rulebook