Legal Responsibility for the EHCP
The local authority has the statutory responsibility for maintaining the Education, Health and Care Plan.
It remains responsible for considering the Annual Review paperwork and deciding what happens next.
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EHCP Annual Reviews: Who Is Responsible for Organising the Meeting?
Parents often ask who is responsible for arranging their child’s EHCP Annual Review meeting, particularly when communication feels unclear.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains how responsibility for Annual Reviews is shared between the local authority and the school, and what parents can expect in practice.
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Book on EventbriteBeverley Watkins explains how responsibility is divided between the local authority, the school or educational setting, and the professionals who may need to contribute to the review.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
The local authority has the statutory responsibility for maintaining the Education, Health and Care Plan.
It remains responsible for considering the Annual Review paperwork and deciding what happens next.
In most cases, the school or educational setting arranges the Annual Review meeting itself.
This includes arranging the date, notifying parents and informing the local authority that the review is taking place.
Professionals such as speech and language therapists and occupational therapists should be invited to contribute.
They may attend the meeting or provide an up-to-date written report in advance.
Beverley explains that the local authority has the statutory responsibility for maintaining an Education, Health and Care Plan. This means it remains legally responsible for the EHCP and for making decisions following an Annual Review.
However, this does not usually mean that the local authority organises or attends every Annual Review meeting.
In most cases, it is the school or educational setting that organises the Annual Review meeting. The school is responsible for:
Parents should therefore expect to hear from the school directly about when the review will happen.
Other professionals involved in a child’s education should also be invited to contribute to the Annual Review. This can include speech and language therapists and occupational therapists.
They may also attend the meeting itself where appropriate.
It does not automatically follow that the local authority will attend every Annual Review. Beverley explains that local authorities often only attend where there is a significant transition.
A local authority may be more likely to attend where the Annual Review relates to a key phase transfer and future placement decisions.
Attendance may also be more likely where a young person is moving into a different stage of education and provision needs to be reconsidered.
Even where the local authority does not attend, it remains responsible for considering the Annual Review paperwork and deciding what happens next.
Knowing who is responsible for organising the meeting, and who may or may not attend, can help parents feel more prepared and less uncertain about the process. It also helps parents understand where to direct questions or concerns if information is missing or late.
Our Education Law team regularly supports parents with EHCP Annual Reviews, including situations where meetings are delayed, reports are missing, or the process does not feel properly managed.
We focus on helping parents understand how the review should work and what steps can be taken if things do not go as expected.
If you would like advice about an EHCP Annual Review, a delayed meeting, missing reports or uncertainty about who is responsible for the next step, our specialist Education Law team can advise on the position.
The full video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If you would like advice or support with an EHCP Annual Review, or have concerns about how the process is being handled, our specialist Education Law team is here to help.
You can contact us by emailing educationdept@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps.
Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.
Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.