No Four-Week Decision
You may never have received the local authority’s decision about whether it would maintain, amend or cease the EHCP.
Bedminster office
Fishponds office
Kingswood office
My Child's Annual Review Was Seven Months Ago. What Should I Do?
Families sometimes contact us many months after an Annual Review because they are still waiting for the local authority to complete the process.
If your child’s Annual Review took place seven months ago and you are still waiting for a decision or an amended EHCP, this is not a delay that should simply be ignored.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains the statutory timetable and why parents should act promptly.
Upcoming SEN Event in Bristol
SEN Information Day for Parents and Carers in Bristol
Join our specialist Education Law team for a practical information day designed to support parents and carers navigating SEND, Education, Health and Care Plans and the wider SEN process.
Specialist legal guidance
Hear directly from our experienced Education Law team.
Practical SEN and EHCP information
Clear information designed for parents and carers at different stages of the process.
Book securely through Eventbrite
Reserve your place online using the booking link below.
DateMonday 19 October 2026
10:00am
Ticket£16 General Admission
Includes light lunch and tea or coffee
Complete your booking on Eventbrite to reserve your place.
Book on EventbriteMy Child’s Annual Review Was Seven Months Ago. What Should I Do?
Beverley Watkins explains the statutory timescales that should follow an Annual Review, why a delay of several months should not simply be accepted, and the steps families can consider where the process has stalled.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
How Long Should the Annual Review Process Take?
Within four weeks of the Annual Review meeting, the local authority must decide whether it will maintain, amend or cease to maintain the EHCP.
4 weeks
Local Authority Decision
The local authority should notify the parent or young person whether it will maintain, amend or cease the EHCP.
8 more weeks
Final Amended EHCP
If amendments are being made, the final amended plan must be issued as soon as practicable and within no more than eight further weeks.
12 weeks
Overall Maximum
Where the EHCP is amended following an Annual Review, the final amended plan should normally be issued no later than 12 weeks after the meeting.
If the local authority decides to amend the plan, the proposed amendments should also be communicated within the four-week period.
What If Seven Months Have Passed?
If seven months have passed without the process being completed, the statutory timetable has been significantly exceeded.
What should happen next will depend on exactly where the process has stalled.
Amendments Promised but Not Issued
The local authority may have said it would amend the plan but never communicated the proposed changes.
Draft Issued but No Final EHCP
A draft or amendment notice may have been sent, but no final amended EHCP followed.
Recommendations Not Properly Considered
Amendments recommended at the Annual Review may not have been properly considered or reflected in the ongoing process.
It is important to establish precisely where the Annual Review process has stalled before deciding how best to challenge the delay.
Why Does Delay Matter?
An unfinished Annual Review is not simply an administrative inconvenience.
Until a final amended EHCP is issued, families may be unable to exercise their SEND Tribunal appeal rights against the amended contents of the plan.
Delay can therefore affect decisions about provision, therapies and school placements and may become particularly serious where a child is approaching a Phase Transfer.
The High Court highlighted this problem when confirming the 12-week maximum timetable in R (L, M and P) v Devon County Council.
An EHCP Should Remain Clear and Current
Beverley also highlights the practical problem caused when amendments are allowed to build up over several years without a properly updated final plan.
Parents should be able to read the current EHCP and understand what needs and provision are recorded now.
They should not be expected to work through layers of historic amendments to establish what the plan actually says.
What Can Parents Do About the Delay?
If the statutory timetable has been missed, raise the issue with the local authority in writing.
Where there has been a substantial failure to comply with a legal duty, Judicial Review may sometimes be appropriate.
This can involve sending a formal pre-action letter setting out the breach and asking the local authority to take the required action.
Judicial Review has strict time limits, so parents should seek specialist advice promptly rather than allowing a significant delay to continue indefinitely.
How Can Watkins Solicitors Help?
Watkins Solicitors has a specialist, multi-award-winning Education Law team with experience challenging local authority delay and helping families secure lawful decisions about their child’s education.
Our Education team was named Team of the Year at the Bristol Law Society Awards 2025, alongside Watkins Solicitors being named Regional Law Firm of the Year.
We can review the Annual Review paperwork and correspondence, identify which deadlines have been missed and advise on the appropriate next step.
You do not need to know whether your case requires a complaint, SEND Tribunal appeal or Judicial Review before contacting us.
Still Waiting Months After an Annual Review?
If your child’s Annual Review took place months ago and you are still waiting for the local authority’s decision or a final amended EHCP, our specialist Education Law team can review where the process has stalled and advise on the next step.
Watch the Video and Get Support
The full video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If your child’s Annual Review took place months ago and the process has still not been completed, our specialist Education Law team is here to help.
You can contact us by emailing education@watkinssolicitors.co.uk or calling 0117 939 0350.
Education Law TikTok
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.