EHC Annual Review Toolkit for Schools and Settings

What is an Annual Review of an Education, Health and Care (EHC) plan?

When a child or young person has an Education, Health and Care plan (EHC plan) there is an ongoing requirement for the EHC plan to be reviewed by the local authority at least annually. This is referred to as the Annual Review.

In Early Years, 3–6-month reviews would complement the duty to carry out the review at least annually. These may be streamlined and not necessarily require the attendance of the full range of professionals, depending on the needs of the child/young person.

EHC plans should be used to actively monitor children and young people’s progress towards their outcomes and longer-term aspirations.  Reviews must focus on the child or young person’s progress toward achieving the outcomes specified in the EHC plan. The review must also consider whether these outcomes and supporting targets remain appropriate.

The diagram  below shows the timeline for the annual review that schools/settings should follow. The LA in the diagram stands for Local Authority which in this case means the SEND Support, Assessment and Review Team.

Arranging the annual review of the EHC plan

The review will be set up by you, the school/setting (this can differ for post-16 institutions). You will invite all the professionals that work with the child/young person to update their reports, and in some cases, attend the review meeting. 

All people attending the Review need at least two weeks’ notice so that they can provide feedback.  

Health and Social Care would really appreciate more notice in order to be able to provide the required information.

The Annual Review must be undertaken in partnership with the child/young person and their parent/carer. Or if the young person is age 16 or above, and has mental capacity, then the young person may wish to attend without parent/carers. For more information see IPSEA’s explanation of  Mental Capacity and Decision Making.

The review must take account of the child’s/young person’s views, wishes and feelings, including their right to request a Personal Budget.

When should Annual Reviews take place?

An EHC plan must be reviewed and amended in sufficient time prior to a child or young person moving between key phases of education, to allow for planning for and, where necessary, commissioning of support and provision at the new school/setting.

If the child/young person is moving from one school/setting to another, for example:

• early years provider to school

• first school to middle school 

• primary school to middle school

• primary school to secondary school, and

• middle school to secondary school

You need to make sure that the SEND Support, Assessment and Review team know the parental preference for intended placement by 31^st October.  

The review and any amendments must be completed by 15^th February in the calendar year of the transfer, at the latest, for transfers into or between schools. The Law requires this.

Reviewing a plan prior to moving schools/settings is very important as this will probably be the last opportunity to update the plan before they leave their current school/setting. This is a formal review so no need for another annual review as well.

Moving from Primary to Secondary school

The same timescales apply as above but it is very important that a secondary transfer review should be held by the Summer Term of Year 5. 

For year 11 leavers and those post-16, the preferred schools/settings need to be with the SEND team by 31^st December. 

The review must be completed before 31^st March in the year of transfer.

In order to meet these dates, the review meetings need to take place in line with the dates above. This will allow your SEND Caseworker time to co-produce any plan amendments with the child, young person and / or their parent / carer.

It is very important that schools/settings get parent/carer and children and young people’s views to inform the next school/setting.

Please note there is no guarantee of specialist provision for any child/young person and these decisions will always go through the Local Authority’s EHC decision making panel. This is a group of senior officers from education, health and social care.

If you are unable to meet the dates set out above you must let your linked SEND Caseworker know as soon as possible.

Email: sencaseworkers@newcastle.gov.uk

Calling an interim, or emergency, review meeting

Most issues with the EHC plan can be resolved by schools/settings having a meeting with the parents/carers to discuss any issues.

However, in some circumstances, schools/settings may want to call a review outside of the normal 12-month anniversary. This should be very rare and must be agreed with the local authority.

Emergency or interim reviews follow the same timescales and process of an annual review.

Getting ready for next steps

It is recommended that all reviews look at how the child or young person can be more independent. In Newcastle we call this ‘Getting ready for next steps’. It may also be called ‘Preparing for Adulthood’. 

Take a look at this document designed by the Department for Education (DfE). It includes the steps that could be taken at each age to help children and young people get ready for employment, independent living, be included in their community and be as healthy as possible.

Outcomes across age ranges for children/young people with SEND

Reviews taking place from Year 9, at the latest, and onwards must include a focus on getting ready for their next steps. See this document which gives examples: 

Key Topics to cover at Annual Reviews from Year 9

Where relevant the review should make a plan for young people moving from children’s to adult care and health services. 

It is particularly important in these reviews to seek and to record the views, wishes and feelings of the child or young person. The review meeting organiser should invite representatives of post-16 settings/institutions to these review meetings, particularly where the child or young person has expressed a desire to attend a particular setting/institution.

Did you know? Anyone aged 14 or over, who is on their doctor’s learning disability register, can have a yearly health check. These meetings are really useful to ensure that all your young person’s health needs are identified, and plans put in place.

For more information follow the link below:

Annual Health Checks- Learning Disabilities 

Delivering quality annual reviews

The Council for Disabled Children has developed a really helpful e-learning package to support the delivery of high-quality reviews. The Local Authority would recommend that any staff involved in delivering reviews complete this.

Delivering Quality Annual Reviews | Council for Disabled Children

Before the annual review - Planning your reviews

Schools/settings should meet termly with your SEND Caseworker to discuss plans that are due to be reviewed in the following half term and start to plan your pre-review actions. 

Schools/settings will always need to work at least one-half term in advance with your SEND Caseworker to give yourself time to carry out the work that needs to be done prior to the meeting. 

The Regulations require that at least two weeks' notice must be given of the date of the meeting. In practice, longer notice is required to allow time for the appropriate documentation to be collected and circulated. However, to secure attendance by health and social care colleagues, a longer notice period would be advisable.

Take a look at the IPSEA checklist setting out the annual review process.

IPSEA-Annual-Review-checklist.pdf

Use our annual review planner to help schedule your reviews and check the dates by which you need to complete the steps in the process:

Annual review planning tool

Who is invited to provide information for the annual review?

The people below MUST be invited and given as much notice as possible (two-weeks-notice as a minimum) of the date of the review:

• Those who know the child/young person the best from the school/setting.

• Parents/carers and the child/young person.

• The allocated SEND Caseworker.

• People who are involved in supporting the child/young person's health needs.

• People who are involved in supporting the child/young person's social care needs.

• Anyone else who works closely with the child/young person, SHOULD be invited

School/setting must ask for advice and information from all the people invited and share this with all people attending (this may differ in post-16 settings).

Resources

Use our template letter or email to invite the parents/carers to the review meeting:

Template: Invitation for parents/carers to annual review meeting

Use our parent/carer views form to request information from the parent/carers ahead of the review meeting: 

Template: Parent/Carer views

Use our template letter below to invite the young person to the review. For younger children this should be shared via the parent/carer. The template also includes a booklet written by Amy a member of FLARE group that advises the CDC. Amy wanted to create something helpful for herself and for other young people to help them prepare for their review meetings:

Template: Invitation for young person to attend the annual review meeting

Use our child/young person views forms to gather the views of the child/young person ahead of the review meeting. These templates includes the questions that we have agreed will be asked at the annual review so we can assess how well we are progressing towards an agreed set of outcomes. Credit to Sir Charles Parson's for improving the 'Pupil View - Symbols' template and producing a prompt sheet to use alongside it.

Template: Children and Young People's views - Bubble

Template: Children and Young People's views - plain

Template: Children and Young People’s views - symbols

Pupil View Prompts

The document below contains useful tips on how to run a successful meeting with children and young people: 

Top-Tips-for running a successful meeting with young people

Use our templates to invite professional advice from social workers and health workers to gather the views of those involved with the child/young person ahead of the review meeting:

Template: Medical/Nursing Advice for Annual Review

Template: Therapy Advice for Annual Review

Template: Social Care Advice for Annual Review

For Education, internal progress reports such as an SEN Support Plan or an IEP can be used. 

Who should attend a review meeting? 

The flow charts in the below links provide the process for contacting Health and Social Care to contribute to Annual Reviews:

Health

Social Care

The number of children and young people with EHCPs in Newcastle means that it isn't always going to be possible for all professionals to attend all the review meetings. The table below shows when professionals will attend meetings.

You child/young person’s SEND Caseworker.

Health professionals who work with your child/young person.

Social care professionals who work with your child/young person.

Level 1:

Local authority attendance is not required for reviews considered to be green. Advice from other professionals should be sought but attendance won't be needed. it may be appropriate to hold this review remotely if the parent/carer consents. An annual review may be 'green' if:

• Good progress is being made against outcomes
• Plan may be maintained as it is or there will be minimal amendments
• If the child/young person is at a transition point and is likely to transition to the same type of placement next year

There are no health needs identified in the EHCP and no new health concerns. 

No contribution needed.

There are no social care needs identified in the EHCP and no current social care concerns.

No contribution needed.

Level 2

Local authority attendance is recommended to prevent any further escalation. Advice from professionals should be sought but they may not need to attend. A face-to-face meeting should be offered to the parent/carer. An annual review may be 'amber' if:

• Only limited progress made against outcomes at end of key stage
• Disagreement between the parent/carer or the child/young person, and the school/setting around the progress being made and provision in place
• The child/young person is at a key transition point and is likely to need or request increased provision in the next stage of their education

The child/young person is looked after by the local authority

Where the child/young person health needs or special educational needs have been met and specialist health care is no longer indicated at this point. 

A discharge report has been provided with rationale and advice about next steps and information on how to re- refer if needed in the future.

Where the child/young person has received early help or social care provision since the EHCP has been agreed, the needs are now met and there is no social care need at this point.

A summary of the type of assessment/intervention undertaken. Also, information of how to refer if needed in the future.

Level 3: 

Local authority attendance is essential. Other professional input and attendance is strongly encouraged. Meetings should be held face to face. An annual review may be 'red' if:

• The placement is at high risk of breaking down
• Poor attendance or reduced timetable is in place
• The child or young person is being educated in an independent placement

High level of multi-agency provision is in place and delivered through the EHC plan.

Health needs have been identified in section C and provision in section G of the EHCP or there are special educational needs identified in Section B and provision in Section F that is provided by an NHS commissioned service e.g., Speech and language therapy or Occupational Therapy services AND:

• There is good communication and understanding of the child's/young person's needs and how to meet them in the setting.
• The child/young person is making expected progress.
• Good working relations exist between parents/carers & NHS service.
• Verbal liaison with teaching staff about progress, targets.
• Verbal liaison with parents/carers re: progress, targets. Written contribution is provided on annual review template.

Prior to annual review meeting: 

Health professionals with submit a written contribution to the annual review using an Annual Review template for health services.

There are social care needs identified in section D and provision in section H1 and/or H2 of the EHCP. 

• Child/Young person is making expected progress.

The child is not open to a social worker or family support worker within social care/early help.

Prior to the annual review meeting:

Submission of a written contribution to the annual review using the template for social care services.

Level 4:

As level 3.

Health needs have been identified in section C and provision in section G of the EHCP or there are special educational needs identified in Section B and provision in Section F that is provided by an NHS commissioned service e.g., SLT or OT services

AND

• The child/young person has complex health/ medical presentations
• Progress has been poor
• Support has been poor
• There are concerns regarding next steps
• Safeguarding concerns
• "Health need exists that cannot be met by local services"

Prior to annual review meeting verbal liaison with parents/carers re: progress, targets 

Submission of a written contribution to the annual review using the AR template for health services 

Attendance at the Annual review meeting by the relevant health profession service in person or via remote methods 

*If needs cannot be met by local services these are flagged to CCG commissioners to ensure a solution is found.

Social care needs have been identified in section D and provision in section H1 and/or H2 of the EHCP

There are special educational needs identified in Section D and provision in Section H1 and or H2 that is provided by a service

AND/OR

• The child/young person has complex social care needs
• Progress has been poor
• Support has been poor
• There are concerns regarding next steps
• Safeguarding concerns

Social care need exists that cannot be met by non-statutory services.

Prior to annual review meeting verbal liaison with parents/carers re: progress/targets/concerns.

Submission of a written contribution to the annual review using the social care template

If the child has an allocated social worker, attendance at the Annual review meeting by the relevant professional in person or via remote methods 

If there are safeguarding concerns and the child is not open to social care, a referral is submitted to IRS ( Report a concern about a child or young person | Newcastle City Council )

0191 2772500 weekdays 8:45am to 5pm

Carrying out the review meeting

Although the annual review process is laid out in the Children and Families Act and the Code of Practice, the actual format of the meeting will differ from setting to setting, but it must cover the principles of a person-centred review.

You can use our Sample agenda to support the delivery of a review meeting.

Template: Sample agenda for annual review meeting

The meeting must focus on the child or young person’s progress towards achieving the outcomes specified in the EHC plan, and on what changes might need to be made to the support that is provided to help them achieve those outcomes, or whether changes are needed to the outcomes themselves.

Mainstream schools must use the Newcastle Universally Available Provision, and could use the SEND Descriptors of Need, as part of the review meeting for all children/young people.

Children, parents/carers and young people should be supported to engage fully in the review meeting.

Reviews will normally be held at the school/ setting attended by the child or young person and the setting will normally lead, as they know the child or young person best, will have the closest contact with them and their family and will have the clearest information about progress and next steps. Reviews led by the school/setting will generally be more comfortable for the child, young person and their family.

The child or young person is at the centre of this process and is involved in discussion and decisions along with parents/carers and professionals.

What to check in an EHCP at the Annual Review

Section of plan : What does it include?

What to check at Annual Review?

A

Views, interests, aspirations and goals of the child/young person and their parents/carers.

Aspirations should be checked to see if they remain the same. There may be additional aspirations to be included perhaps due to new experiences, interests, or circumstances.

B

The child/young person’s special educational needs and/or disability:

1. Overview of Needs
2. Cognition and Learning
3. Communication and Interaction
4. Social, Emotional and Mental Health
5. Sensory and Physical
6. Preparation for Adulthood

New needs may have emerged, or existing needs changed and/or are having an impact on other areas of their life (in or out of school/setting). Or the parent or children and young people may not feel their needs are described accurately or be a true representation of who they are. An example may be where a need has been described in the EHCP as a behaviour issue when the underlying reason behind the behaviour has now been identified as being due to a communication disorder or learning difficulty.

C

The child/young person’s health needs that relate to their SEN or disability.

There may be a new diagnosis or on-going investigations. Health conditions included may have stabilised or improved. Alternatively, what had previously been reported as a relatively stable health condition may now be less so.

D

The child/young person’s social care needs that relate to their SEN or disability.

Change of circumstances may have occurred or a more up to date assessment has now been completed that should be included. Parent/Carer/Young Person may request an assessment of their Social Care needs.

E

Identified outcomes.

Outcomes are expected to last for 2 to 3 years but they still need to be reviewed to check they are still relevant, SMARTened up or changed.  (Short-term targets will also be reviewed as part of the child/young person’s school Individualised Learning Plan, and new targets set)

F

SEN provision required to meet the needs and outcomes.

There should be provision to match each need included in B. Perhaps some of the provision did not occur or has not been as effective as expected or perhaps there is an alternative approach that could be tried.

G

Health provision required that relates to child/young person’s SEN or disability.

Anything included here requires agreement by the LA from the Clinical Commissioning Group (CCG). Any health provision, such as Speech and Language Therapy, that educates or trains must be included in Section F.

H1

Social Care provision which MUST be made for a child/young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970.

Any provision included here will depend on what needs, if any have been included in Section D. It must be reviewed and may have already changed since it was originally included.

H2

Any other Social Care provision reasonably required by the learning difficulties and disabilities which result in the child or young person having SEN.

Any provision included here will depend on what needs, if any have been included in Section D. It must be reviewed and may have already changed since it was originally included.

I

Name and type of school setting.

If relevant the suitability of the school (or placement) may also be discussed. The parent/carer/young person may want to ask for a different school or type of school if they believe it will provide a better match to their needs.

J

Personal budget details (if requested)

.

Any Personal Budget (PB) already in place should be reviewed particularly where provision has been amended. This is also an opportunity to request a PB if the parent/carer/young person would like one.

Using Invision 360, the SEND Parent/Carer Forum have provided examples of what to look for in each section of a ‘good’ plan. 

Please find this in the parent/carer forum Winter Newsletter, along with lots of other useful information:

PCF Winter Newsletter

Recording the annual review

As well as providing an annotated EHC Plan and the SEND Outcomes Framework survey, please will you use our approved annual review report for children and young people aged 0-25 to capture the details of the annual review meeting:

NEW EHCP Annual Review Report

Completed forms, annotated plan and any other paperwork must be returned to EHCP@newcastle.gov.uk. Do not send paperwork directly to your SEND Caseworker.

SEND outcomes - capturing the views of children and young people with SEND at Annual Reviews

The SEND Executive Board has agreed a set of outcomes that they want all children and young people with SEND to achieve. These are:

• Being safe and feeling safe

• Being happy and feeling included

• Being healthy and well-cared for

• Being ready for the next steps 

• Being heard about decisions in my life and city 

We want to find out how our children and young people with SEND are progressing towards these outcomes.

With parents/carers, children and young people we have produced a series of questions for children and young people so we can find out how they are progressing.

The overall feedback from children and young people will be monitored by the SEND Executive Board who will decide what needs to be put in place to improve progress towards these outcomes. 

We ask that schools/settings complete the questions with the child/young person at their annual review. This should only take around 10 minutes. There are two survey options on the links below:

Year 11 and below (new form)

Post-16 providers survey (new form) 

Schools/settings MUST download a copy of the survey so they can see if there are any actions they need to take. 

Reports on overall progress of Newcastle's children and young people will be made to the SEND Executive Board. 

If there online forms are not appropriate, please refer to Section 2 (Ideas 2&3) of 'The SEND Outcomes Guidance document' for further suggestions.

There is also a survey option for post-16. Click on the link below:

Post-16 providers survey 

If this online form is not appropriate, please refer to Section 2 (Ideas 2&3) of 'The SEND Outcomes Guidance document' for further suggestions.

After the review meeting

After the annual review, the school/setting must write a report.

The report must set out recommendations on any amendments required to the EHC plan and should refer to any difference between the school or other setting’s recommendations and those of others attending the meeting.

This should then be sent to everyone who was invited to the meeting within two weeks. They are asked to comment on the report.

Within four weeks of the meeting the local authority must decide whether to keep the EHC plan as it is, make changes to the plan, or cease to maintain the plan.

If the plan needs to be amended, the local authority should start the process of amendment without delay. 

If the local authority decides not to amend the plan or decide to cease to maintain it, the local authority must notify the child’s parent/carer or the young person of their right to appeal that decision and the time limits for doing so.

A plan will not need to be changed every year. If only minor amendments are suggested, then the local authority might decide not to amend it, but we will explain that at the time. The local authority will always update a plan if new outcomes or provision are needed.

The local authority will write to the parent/carer to explain our decision and will also send parents/carers or young person a copy of this decision letter too.

Seeking feedback from parents/carers

We will be bringing in an audit system to audit the quality of annual reviews. We will start with gathering feedback from families from January 2024.

After the review has taken place, the Local Authority will send an email to the school/setting and ask that you pass on a link to the parent/carer to get their views about the review.