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What Should Families Expect After an EHCP Annual Review?
Parents sometimes come away from an Annual Review meeting unsure about what should happen next.
The meeting itself is only one part of the statutory Annual Review process. There are important steps and timescales that should follow.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains what families should expect after an Annual Review has taken place.
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Book on EventbriteWhat Happens After an EHCP Annual Review Meeting?
Beverley Watkins explains the written report, the local authority’s decision and the key statutory timescales families should be aware of after the meeting.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
When Should an EHCP Be Reviewed?
An EHCP must normally be reviewed at least every 12 months.
Where a child or young person is approaching a Phase Transfer, such as moving from primary to secondary school, the timetable will need to be brought forward so that the EHCP can be amended and the new placement named by the relevant statutory deadline.
For most school Phase Transfers, the amended EHCP must be issued by 15 February in the calendar year of transfer.
This means a Year 6 Annual Review will normally need to take place considerably earlier than the child’s usual summer review date so that the process can be completed in time.
What Happens Immediately After the Meeting?
2 weeks
Written Review Report
A written report should be prepared and circulated to everyone who was invited to the Annual Review.
4 weeks
Local Authority Decision
The local authority must decide whether to maintain, amend or cease the EHCP.
Up to 12 weeks
Final Amended Plan
Where amendments are required, the overall period should normally be no more than 12 weeks from the Annual Review meeting to the final amended EHCP.
The written review report should record the recommendations made at the meeting, including any proposed amendments and any areas where people disagreed.
Parents should check the report carefully to make sure it accurately reflects what was discussed at the meeting.
The Local Authority Has Four Weeks to Make a Decision
Within four weeks of the Annual Review meeting, the local authority must decide whether it intends to:
Amend the EHCP
Make changes to the plan following the Annual Review process.
Cease the EHCP
Stop maintaining the EHCP where the local authority considers the legal test is met.
The parent or young person must be notified of that decision.
If the local authority decides not to make changes requested by the family, or decides to cease the EHCP, the decision may carry a right of appeal.
What If the Local Authority Decides to Amend the EHCP?
Where the local authority decides that amendments are required, it should not simply send a letter saying that changes will be made at some point in the future.
The final amended EHCP must then be issued as soon as practicable and no later than eight weeks after the amendment notice.
This means the maximum overall period should normally be 12 weeks from the Annual Review meeting to the final amended plan.
What If the Timescales Are Missed?
Do not assume that lengthy delays are simply part of the process.
If four weeks have passed and you have not received the local authority’s decision, or the authority has agreed to amend the EHCP but the final plan has not been issued within the required timeframe, it is worth raising this promptly.
Depending on the circumstances, a formal complaint or legal challenge may be appropriate.
Judicial Review can sometimes be used where a local authority is failing to comply with a statutory duty, but strict time limits apply and legal advice should be sought promptly.
How Can Watkins Solicitors Help?
Delays following an Annual Review can have significant consequences, particularly where a family needs an updated EHCP before a new placement can be secured or an appeal can begin.
Our specialist, multi-award-winning Education Law team regularly advises families about Annual Reviews, delayed EHCP amendments, Phase Transfers and disputes with local authorities.
The team was named Education Team of the Year at the Bristol Law Society Awards 2025, with Watkins Solicitors also named Regional Law Firm of the Year.
We can review what has happened, identify which statutory timescales apply and advise on the most appropriate next step.
Annual Review Finished but Unsure What Should Happen Next?
If the review report is late, the local authority has not made its decision, or an amended EHCP has still not been issued, our specialist Education Law team can advise on the applicable timescales and possible next steps.
Watch the Video and Get Support
The full video, featuring Beverley Watkins answering this question, is available above and on our Education Law TikTok channel.
If your child’s Annual Review has taken place and you are unsure what should be happening next, 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.