SEND Blog | EHCP, EOTAS and Education Guidance

EHCP Annual Review Timelines: Family Guide

Written by Matt Bell | Jun 11, 2026 8:57:33 AM
EHCP annual review timelines are becoming a major issue for families, schools and professionals because many Education, Health and Care Plans are not being reviewed, updated or finalised quickly enough. When this happens, children and young people can be left with plans that no longer reflect their needs, provision or placement.
This guide explains what the current annual review regulations say, what has recently been publicised about delays and failures, and how Navigate SEND can help families and professionals respond when the process drifts.

 

The short answer

An Education, Health and Care Plan (EHCP or EHC plan) must be reviewed by the local authority at least every 12 months. The annual review is not just the meeting: it includes preparation, advice gathering, the review meeting, the report, and the local authority’s written decision. After the review meeting, the local authority must decide whether to keep the plan unchanged, amend it or cease it, and must notify the parent or young person within four weeks.

Recent public data shows why this matters. In 2024, only 44.4% of recorded annual review outcomes were notified within four weeks where dates were recorded, even though this is a statutory timeframe.

 

Why EHCP annual reviews are in the spotlight

Annual reviews are meant to keep an EHCP alive, accurate and useful. They should check whether the child or young person is making progress, whether outcomes still make sense, whether provision is working, and whether the placement remains suitable.

The issue is that annual reviews are now under intense pressure. The number of EHC plans has grown significantly, local authority SEND teams are stretched, and families are reporting delays, missing decisions, unclear paperwork and plans that remain out of date for too long.

The Department for Education’s 2025 EHC plan statistics included annual review data as a compulsory data item for the first time. Of 638,700 EHC plans active in January 2025, 524,700 were expected to have an annual review during the 2024 calendar year. Of those, 453,800 had a review recorded as expected. The recorded outcomes showed that 48.4% led to a decision to amend the plan, 29.8% led to a decision to maintain the plan with no changes, and 0.9% led to a decision to cease the plan. A further 21.6% of outcomes were not yet recorded.

The National Audit Office has also described the SEND system as under severe pressure, with EHC plan demand increasing by 140% since 2015 and the system not delivering better outcomes despite increased high-needs funding. The Public Accounts Committee has said the SEN system is inconsistent, inequitable and not delivering in line with expectations, which undermines parental confidence.

For families, this is not just a data issue. A delayed annual review can mean delayed provision, delayed placement decisions, delayed appeal rights, delayed transition planning and another year of a plan that does not match the child’s real needs.

 

What do the annual review regulations require?

The key annual review duty is straightforward: a local authority must review an EHC plan that it maintains within 12 months of the plan being issued, and then within 12 months of the previous review. This comes from section 44 of the Children and Families Act 2014.

The SEND Code of Practice says EHC plans should be used to actively monitor progress towards outcomes and longer-term aspirations. Reviews must focus on progress towards outcomes, whether those outcomes remain appropriate, whether provision is effective, whether health and social care provision is working, and whether the plan needs changing.

For most children and young people who attend a school or other institution, the annual review process should include:

  • at least two weeks’ notice of the review meeting;
  • advice and information gathered before the meeting;
  • that advice circulated at least two weeks before the meeting;
  • a meeting focused on progress, outcomes and support;
  • a report of the meeting sent within two weeks;
  • a local authority decision within four weeks of the meeting.

The local authority’s decision must be one of three things:

  • maintain the EHC plan as it is;
  • amend the EHC plan;
  • cease to maintain the EHC plan.

The SEND Code is clear that, within four weeks of the review meeting, the local authority must decide whether to keep the plan as it is, amend it or cease it, and notify the parent or young person and the school or other institution.

 

The annual review is not just a meeting

One of the most common misunderstandings is that the annual review is simply the meeting. It is not.

The meeting is only one part of the annual review process. The review is only complete when the local authority has considered the information and sent its written decision.

This distinction matters because families are often told, “The annual review has happened,” when what has actually happened is only the meeting. If the local authority does not send the decision letter, the family may not know whether the plan will be amended, maintained or ceased. That can also delay appeal rights.

Your uploaded annual review briefing makes this point clearly: the review includes all the local authority’s actions to formally review whether the plan remains appropriate, including the decision after the meeting. The process is complete only when parents or the young person are informed of that decision.

This is why families should track dates carefully:

  • date of the previous completed annual review;
  • date advice was requested;
  • date papers were circulated;
  • date of the meeting;
  • date the report was sent;
  • date the local authority decision was issued;
  • date any amendment notice or final amended plan was issued.

A missing decision letter is not a minor admin problem. It can stop the case moving forward.

 

What has recently been publicised about annual review failures?

Recent Ombudsman cases show how serious annual review problems can become.

In August 2025, the Local Government and Social Care Ombudsman reported that a council had written to 99 families saying EHC plan annual reviews had taken place when they had not. The Ombudsman said annual reviews are designed to ensure plans still meet needs and measure progress, and that without carrying out reviews, councils have no way of knowing whether they are fulfilling their requirements.

In another Ombudsman report, a council was found at fault for delaying a significant number of EHC plan annual reviews. The decision recorded 1,146 overdue annual reviews in March 2024, 782 in September 2024, and 421 in March 2025. The council had prioritised EHC needs assessments, but the Ombudsman still found fault because annual review duties remained in force.

The Ombudsman also states more generally that it can investigate complaints about delay or failure to carry out an annual review, and complaints about a council failing to ensure provision in an EHC plan is delivered.

These cases highlight several common problems:

  • annual reviews not happening at all;
  • meetings happening but no decision letter being sent;
  • plans remaining out of date;
  • families being told a review happened when it did not;
  • local authorities prioritising other SEND work and allowing review backlogs to grow;
  • delayed appeal rights because the decision was not issued;
  • provision or placement issues being left unresolved.

The pressure on the system is real, but annual reviews are not optional.

 

What happens if the local authority decides to amend the plan?

If the local authority decides to amend the EHCP, the amendment process should start without delay. The local authority should send the parent or young person the existing plan and a notice setting out the proposed amendments, with supporting evidence.

The parent or young person must be given at least 15 calendar days to comment on the proposed changes and can request that a particular school or other institution is named. After that, if the local authority proceeds with amendments, it must issue the amended plan as quickly as possible and within eight weeks of the original amendment notice.

This is where many families need to be careful. A decision to amend is not the same as the plan being fixed.

Families should check:

  • whether Section B accurately describes all current needs;
  • whether Section F specifies provision clearly;
  • whether therapy, adult support, communication, sensory or emotional regulation needs are properly included;
  • whether Section I names the right school, college or setting;
  • whether old wording has been carried forward by mistake;
  • whether professional advice has been reflected properly.

The annual review briefing also notes that the review report should be sent within two weeks of the meeting and should include recommendations on amendments, with differences between recommendations identified.

 

What if the local authority maintains or ceases the plan?

If the local authority decides to maintain the plan with no changes, that can still be challenged if the family or young person believes the plan is out of date or inadequate.

If the local authority decides to cease the plan, it must notify the parent or young person and explain appeal rights. Ceasing a plan is a significant decision because it removes the formal EHCP framework.

The uploaded annual review material makes an important point: after annual review, appeal rights can arise from all three outcomes. If the local authority refuses to amend, that refusal can be appealed. If it amends, appeal rights arise when the amended plan is finalised. If it ceases, the cease decision can be appealed.

This is another reason why missing decision letters matter. Without a decision, families may be left unable to move properly into the next stage.

 

What can families and professionals do when timelines slip?

Start by asking for the decision in writing. A simple, clear email is often best:

“Please confirm the local authority’s decision following the annual review meeting held on [date]. Please confirm whether the authority proposes to maintain the plan, amend it or cease to maintain it.”

If the meeting has not happened within the 12-month cycle, ask for a date and remind the local authority that the review is due. If papers were not circulated two weeks in advance, ask whether the meeting should be postponed or whether further written comments can be submitted afterwards.

Families should keep a timeline and copies of:

  • the current EHCP;
  • annual review invitations;
  • reports circulated before the meeting;
  • parent or young person views;
  • the meeting report;
  • the local authority decision letter;
  • proposed amendments;
  • professional reports;
  • evidence of provision not being delivered.

Where the plan is out of date, it helps to be specific. Instead of saying, “The EHCP needs updating,” identify which sections need changing and why.

For example:

  • “Section B does not include the current anxiety and sensory needs.”
  • “Section F does not specify the speech and language therapy recommended in the report.”
  • “The plan still names a placement that is no longer suitable.”
  • “Preparation for adulthood outcomes have not been reviewed.”
  • “Provision is written too vaguely to be monitored.”

 

How Navigate SEND supports annual review issues

Navigate SEND helps families, young people and professionals turn annual review concerns into a clearer plan of action.

We can help by:

  • reviewing the current EHCP;
  • identifying whether the plan is still accurate;
  • preparing parent or young person views for annual review;
  • checking whether key evidence is missing;
  • helping families ask clear questions before the meeting;
  • supporting responses to proposed amendments;
  • helping identify whether Section B, F or I needs changing;
  • mapping missed provision or placement concerns;
  • preparing for phase transfer reviews;
  • clarifying whether an early review or reassessment may be needed;
  • helping families respond when the local authority has not issued its decision.

Annual reviews work best when they are treated as real decision points, not routine paperwork. Navigate SEND helps families and professionals focus on what has changed, what is not working, what evidence shows, and what the plan now needs to say.

 

Questions families often ask

How often must an EHCP annual review happen?

An EHC plan must be reviewed at least every 12 months. The review is not complete until the local authority has made and notified its decision after the meeting.

How long does the local authority have after the annual review meeting?

The local authority must notify the parent or young person within four weeks of the review meeting whether it will maintain the plan, amend it or cease it.

What if the annual review meeting happened but no decision letter arrived?

Ask the local authority to issue its decision in writing. Without the decision, the review process has not been properly completed and appeal rights may be delayed.

Does a decision to amend mean the EHCP has been fixed?

No. A decision to amend only starts the amendment process. Families should check the proposed wording carefully and respond within the deadline.

Can Navigate SEND help with annual review delays?

Yes. Navigate SEND can help organise the timeline, review the EHCP, identify missing evidence and prepare a clear request or response to the school or local authority.

 

Next step

If your child or young person’s annual review is delayed, incomplete or has not led to the changes needed, Navigate SEND can help you understand the timeline, organise the evidence and prepare the strongest next step.