Review process and documents for practitioners

All Education, Health and Care (EHC) plans must be reviewed at least annually.

By law, it's the Local Authority's (LA) responsibility to complete the review process, but we delegate some steps to the school/setting/or other education provider, who are known as the host.

The Annual Review (AR) is more than just a meeting, it is a complete process, including actions that must be taken before and after the meeting. This process must be completed on or before the anniversary of when the EHC Plan was first issued or the anniversary of the last review. This is laid down in law and in the SEND Code of Practice (CoP).

You should use the Surrey EHC plan statutory review form for all reviews regardless of the type of review, the child/ young person's age, key stage, or placement.

You can refer to the Surrey EHC Plan Review guidance for professionals document and the page-by-page 'How to complete the Review Form' document for instructions on how to complete the Surrey EHC plan statutory review plan.

For training and general guidance on delivering quality annual reviews you can refer to the Council for Disabled Children's free training: Delivering Quality Annual Reviews | Council for Disabled Children.

If you are carrying out a Preparation for Adulthood Review, you can also refer to this annual review example detailing how to identity changes for needs, provision and Preparing for Adulthood (PFA) pathway.

Contents:

• Overview of the EHC plan review process
• Annual Reviews
• Annual Review process in full
• Key Stage (Phase) Transfer / Transition Reviews
• Year 9 Transition Review
• Interim review
• Reviews and ongoing appeals

Overview of the EHC plan review process

Below is a summary of the EHC plan review process, click on the steps for a more detailed description of what should happen.

Annual Reviews

For a new EHC Plan the first review should take place within 12 months of it first being finalised. After that, the annual review meeting must take place within 12 months of the last annual review meeting. For children under the age of five, EHC plans should be reviewed every three to six months.

At the start of the term/ academic year, the SEND Case officer should notify the education setting (host) of the Annual Review due date of all EHC plans for their setting. The host can also contact the SEND Case Officer to request information about the reviews that need to be arranged, see SEND team contact details.

If the child/ young person is not on the roll of a setting, the Case Officer will lead on this process and act as the host, for example where a child/ young person is home educated. The host will carry out the steps below at the relevant times dependent on when the review is due.

EHC plan review process

Step 1

The host (education setting) obtains written advice and information from all the relevant professionals.

They must also write to the parent/ carer/ young person inviting them to contribute their views wishes and feelings. This should include their view of the current arrangements and provide an opportunity to discuss changes which the parent/ carer/ young person may want to be made to the EHC plan.

These reports must be circulated a minimum of two weeks prior to the meeting.

The host should notify professionals six weeks before the review is due so that they can submit their written advice/ reports in time. It is advisable for the host to notify everyone of when the meeting is likely to take place at this point, especially where their attendance is required.

Step 2

The host must send out formal invitations to all those required to attend the annual review meeting and circulate copies of all the reports they have received at least two weeks before the date of the Annual Review meeting.

This will usually be the same people contacted in Step 1 but may include others if their assistance or contribution are required.

The host should start filling in the Surrey EHC plan statutory review form with relevant information. The host will then complete the form during the AR meeting.

Step 3

The Annual Review meeting is held. The host will chair the meeting and complete the Surrey EHC plan statutory review form based on discussions at the meeting and written contributions.

The Annual Review must enable full involvement of the parent/ carer, child or young person and consider their views wishes and feelings, especially when making decisions. 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.

The meeting must do the following.

1. Focus on progress made towards achieving outcomes.
2. Establish whether the current outcomes remain appropriate and, if required, agree new ones.
3. Review the short-term targets and set new ones.
4. Review the special educational provision and the arrangements for delivering it to ensure it is still appropriate and enabling good progress.
5. Review any health and social care provision and check its effectiveness towards achieving the outcomes.
6. Check if the aspirations have changed. For children/young people in Year 9 and above it is important to consider aspirations in the context of paid employment, independent living and community participation.
7. Check if the parent/carer/young person would like to request a Personal Budget.

Step 4

After the meeting, the host must prepare a report that includes any recommendations for amendments to be made to the EHC plan. This should include where there are differences of opinions and not just the general consensus.

The report must be sent to everyone who had been invited to the review and the LA within two weeks of the meeting taking place.

It is important that the LA is sent these papers as soon as possible after the review, as the LA must inform the parent/ carer/ young person of their decision within four weeks from the Annual Review meeting. This date should be no later than the anniversary of either when the EHC plan was first issued or the last review meeting.

Step 5

The LA reviews the annual review documentation and decides which one of the three following options applies. Whether the EHC plan:

1. Should remain unchanged.
2. Needs to be amended.
3. Should be ceased.

The LA will write to the parent/ carer/ young person and notify them of their decision within four weeks of the annual review date.

An EHC plan will not need amending annually and the annual review will form part of the EHC Plan appendices so that it can be referred to as needed

Where amendments are agreed, the draft plan will be sent to the parent/ carer/ young person within four weeks of the annual review meeting, and they will have 15 days to respond. The educational setting will also be consulted with. The final amended EHC Plan will be issued eight weeks after the review meeting took place.

Key Stage (Phase) Transfer/ Transition Reviews

Key Stage (Phase) Transfer or Transition Reviews are held at key stage transfer times. They are normally held in the summer term of the year before the transfer is due to happen.

Key Stage or Phase transfer is the moving between stages of education:

• early years education to school
• infant to junior school
• primary to middle school
• primary to secondary school
• middle to secondary school
• secondary school to a post-16 institution

For those transferring from secondary school to a post-16 institution, the EHC plan must be reviewed and amended by 31 March in the year of transfer. For all other phases of transfer, the deadline is 15 February in the year of transfer.

When a young person is already attending a post-16 institution and it is proposed that they move from one post-16 institution to another at any time, the LA must review and amend the EHC plan at least five months before that transfer takes place.

Additional information regarding Key Stage Transfers can be found on the Choosing a school place for a child with an EHCP or Key Stage Transfer- frequently asked questions web pages.

Year 9 Transition Review

Whilst Preparation for Adulthood happens from the earliest years The Transition Review Meeting in Year 9 marks the start of planning for the young person's transition to adulthood. This means thinking about what they will want to do when they leave school at age 16+.

For more information about this meeting see: Year 9 transition review meeting.

Interim review

Interim reviews are only held in special circumstances. Interim reviews were sometimes previously known as 'early' or 'emergency' annual reviews. An interim review may be requested because:

• the child or young person's education, health or social care needs have changed and are no longer accurately described in the EHC plan, or
• the education, health or social care provision in the EHC plan is no longer meeting the child or young person's needs.

If the child or young person has been excluded from school or is at risk of exclusion, this would also be a good reason to ask for an interim review.

You should use the Surrey EHC plan statutory review form.

When considering holding an interim review you should contact the SEND Case Officer.

Reviews and ongoing appeals

If there is an ongoing appeal relating to the EHC plan, then the LA is still required to carry out the Annual Review. The host should carry out the steps above regardless of their being an ongoing appeal. This could be a useful way of seeking agreement on the issues in the appeal. The SEND Case Officer should attend these meetings where possible.