# EHCP Annual Reviews, Refusals and Appeals: A Parent's Guide (England)

> EHCP annual review timescales in England, how to prepare, and what to do if the council refuses or you disagree, including mediation and Tribunal deadlines.

_Source: Autism Parent Guide (https://autismparentguide.org/school/ehcp-annual-review) · Content updated 2026-09-25. A general practitioner (GP), who prefers to remain anonymous, has been involved in reviewing the site since its development began and as content has been added. This describes ongoing involvement in the site. Individual article review dates and the scope of each review are not currently published._

## Quick answer

In England, the council must review your child's EHCP at least every 12 months. Reports must go out at least two weeks before the meeting, and the council must give its decision within four weeks of it. **Before the meeting, check sections B, F and I and ask for vague support to be made specific and quantified.** If the council refuses to assess, refuses a plan, or you disagree with it, you can use mediation and appeal to the SEND Tribunal.

## Who this is for

Parents and carers in England whose child has an EHCP, or was refused an assessment or plan.

## When to get individual help

Skip this if you live in Wales, Scotland or Northern Ireland (the last section points you to your own system). This is general information, not legal advice.

## Watch the appeal deadline

GOV.UK says the Tribunal must receive your appeal **within 2 months of the date on the decision letter, or 1 month from the date of the mediation certificate, whichever is later**. It can accept late appeals where fair and just, but don't rely on that. If a deadline is close, contact IPSEA or your local SENDIASS now.

## What parents can do today

- Find the date your child's EHCP was issued or last reviewed. The next review must be completed within 12 months of it.
- Highlight vague wording in sections B, F and I, such as "access to", and note what it should say instead.
- Start a dated evidence folder: reports, therapy letters, incident notes and examples from home.
- Ask your child how school feels, in whatever way suits them: words, drawings or a rating scale.
- If your child changes school next September, note the deadline: 15 February for school moves, 31 March for post-16.

## What is an EHCP annual review?

An annual review is the legal check, at least every 12 months, of whether your child's EHCP still describes their needs, support and outcomes. It's a process, not just a meeting: views and reports are gathered, a meeting is held, a report is written and the council makes a decision.

This guide covers **England only**. If you're still applying for a plan, start with our main [EHCP guide](/school/ehcp-guide); this page is its companion for reviews, refusals and appeals.

IPSEA stresses that every step must happen for a review to be complete:

1. The council consults you and the school, taking account of your and your child's views, wishes and feelings.
2. Advice and reports are gathered and circulated before the meeting.
3. A review meeting takes place, usually run by the school.
4. A report of the meeting is sent to everyone involved.
5. The council decides whether to keep, amend or cease (end) the plan, and tells you.

The meeting must focus on progress towards the outcomes in section E and whether support or outcomes need to change. From Year 9, every review must also cover preparing for adulthood.

### Are the rules changing?
A schools white paper proposing SEND reforms was published in February 2026. Contact's guidance says existing SEND law remains unchanged for now, so the rights on this page still apply.

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25), [IPSEA](https://www.ipsea.org.uk/the-annual-review-process), [Contact](https://contact.org.uk/help-for-families/information-advice-services/education-learning/the-schools-white-paper-education-reforms/)

## What are the legal timescales for an EHCP annual review?

The review must be completed within 12 months of the plan being issued or last reviewed. Invitees get two weeks' notice, reports go out two weeks before the meeting, the meeting report follows within two weeks, and the council's decision is due within four weeks of the meeting.

From chapter 9 of the SEND Code of Practice:

| Step | Who | Timescale |
| --- | --- | --- |
| Invitations to the meeting | School (or council) | At least **2 weeks' notice** |
| Advice and reports circulated | School (or council) | At least **2 weeks before** the meeting |
| Report of the meeting | School (or council) | Within **2 weeks** of the meeting |
| Decision: keep, amend or cease | Council | Within **4 weeks** of the meeting, and within 12 months of the plan or last review |
| Proposed amendments | Council | Contact says case law means these should also arrive within 4 weeks of the meeting |
| Your comments on proposed changes | You | At least **15 calendar days** |
| Final amended plan | Council | Within **8 weeks** of the amendment notice |

### Things parents often miss
- **Under-5s:** councils should consider reviewing at least every **3 to 6 months**.
- **Needs changed?** The council should hold a review as soon as possible, not wait for the anniversary.
- **The date doesn't reset.** After an amendment, the next review is still due within 12 months of the previous review.
- **Get the decision in writing.** IPSEA warns you can't appeal a "no change" decision until it's sent to you, and has a [template letter for chasing it](https://www.ipsea.org.uk/complaining-when-the-la-has-not-completed-an-annual-review).

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25), [IPSEA](https://www.ipsea.org.uk/the-annual-review-process), [IPSEA](https://www.ipsea.org.uk/complaining-when-the-la-has-not-completed-an-annual-review), [Contact](https://contact.org.uk/help-for-families/information-advice-services/education-learning/annual-reviews/)

## When must the EHCP be updated before my child moves school?

For a move into or between schools, such as nursery to Reception or primary to secondary, the review and any amendments must be completed by 15 February in the year of the move. From secondary school to post-16, the deadline is 31 March. Ask for an autumn review so there's time.

| Move | Review and amendments completed by |
| --- | --- |
| Early years to school, infant to junior, primary to middle, primary or middle to secondary | **15 February** in the year of the move |
| Secondary school to a post-16 institution or apprenticeship | **31 March** in the year of the move |
| Between post-16 institutions | At least **5 months** before the move |

- **Look at settings early.** You can request a particular school or college when you comment on proposed amendments.
- **Check section I in the final plan.** A school you didn't ask for, only a type of school, or no school named can all be appealed.
- **Plan the move itself** with our guides to [starting school](/school/starting-school), [moving to secondary](/school/secondary-transition) and [mainstream or special school](/school/mainstream-vs-special).

Year 9 reviews should focus on options for the next phase, and the Code says recording your child's own views is particularly important.

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25)

## How do I prepare for an EHCP annual review meeting?

Read the whole plan, then focus on sections B (needs), F (provision) and I (placement). Check that every need in B has matching support in F, and that F says what support, how much, how often and from whom. Gather evidence, collect your child's views and send written comments beforehand.

### Checklist
- **Reports:** note recommendations that aren't in the plan.
- **Section B:** does it describe your child as they are now, including sensory, communication and emotional needs?
- **Section F:** every need in B must have provision. The Code says provision must be detailed and specific and should normally be quantified: type, hours, frequency and level of expertise.
- **Section I:** is the setting still right? If not, name your preference.
- **Section E:** have outcomes been met, and are they still ambitious?
- **Evidence:** recent reports, attendance records, incident logs and dated examples from home.
- **Your child's views:** attending, drawing, writing or an [About My Child profile](/toolkit/about-me).
- **On the day:** bring someone to take notes, and use our [meeting notes sheet](/toolkit/school-meeting).

### From vague to specific
| Vague | Specific and quantified |
| --- | --- |
| "Access to speech and language therapy" | "Direct therapy from a speech and language therapist, 45 minutes weekly in term time" |
| "Regular sensory breaks" | "A 5 to 10 minute movement break every hour in a named quiet space" |

These are illustrations only; the right amounts come from professional advice about your child.

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25), [Contact](https://contact.org.uk/help-for-families/information-advice-services/education-learning/annual-reviews/)

## What if the council refuses to assess or won't issue an EHCP?

Check the refusal against the legal test: whether your child has or may have special educational needs and may need provision through an EHCP. IPSEA says local extras, such as minimum school spending, are not part of that test. Both refusals can be taken to mediation and appealed.

| Refusal | Council's timescale |
| --- | --- |
| Refuses an EHC needs assessment | Decision within **6 weeks** of your request |
| Assesses, then won't issue a plan | Must tell you within **16 weeks** of the request |
| Refuses to re-assess an existing plan | Decision within **15 calendar days** |

### The legal test
IPSEA explains that a council **must** assess if your child has or may have special educational needs and may need provision through an EHC plan. Criteria such as a set amount spent by school, terms on SEN support or an educational psychologist's involvement are not part of the test, and the Tribunal applies the law, not local policy.

### Next steps
- Read the refusal letter: it must explain your appeal rights and mediation arrangements.
- Ask in writing what evidence the council relied on, and fill the gaps.
- Get advice early from IPSEA or your local SENDIASS.

The right to appeal a refusal to assess only applies if there hasn't been an assessment in the previous six months.

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25), [IPSEA](https://www.ipsea.org.uk/asking-for-an-ehc-needs-assessment)

## Which EHCP decisions can I appeal, and what are the deadlines?

You can appeal refusals to assess, re-assess or issue a plan, the contents of sections B, F and I, a decision not to amend after a review, and a decision to cease the plan. The deadline is 2 months from the decision letter or 1 month from the mediation certificate, whichever is later.

### Decision → your options → deadline
| Decision | Your options | Deadline |
| --- | --- | --- |
| Refusal to assess or re-assess | Mediation adviser, then appeal | 2 months from the decision letter or 1 month from the certificate, whichever is later |
| Refusal to issue a plan | Mediation adviser, then appeal | As above |
| Proposed amendments | Comment, ask for a meeting, request a school | At least 15 calendar days |
| Final plan or amended plan (B, F or I) | Mediation adviser, then appeal | As above |
| Only the school named (section I) | Appeal; no need to contact the mediation adviser | 2 months from the decision letter |
| No change after a review | Mediation adviser, then appeal | As above |
| Plan to be ceased | Mediation adviser, then appeal; the plan continues until the Tribunal decides | As above |
| Health or social care sections | Mediation or complaints procedures | See your decision letter |

### The mediation certificate
In most cases you must contact the mediation adviser named in your letter before appealing. If you don't want mediation, you get a certificate within 3 working days. If you do, it's voluntary and free to you, the council must attend, and the session must happen within 30 days. The Tribunal won't take into account whether you mediated.

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25), [GOV.UK](https://www.gov.uk/appeal-ehc-plan-decision)

## How do I appeal to the SEND Tribunal?

Appeal online, or by post or email using form SEND35 (SEND35A for a refusal to assess), with the decision letter, your mediation certificate and your reasons. The reasons don't need legal language. The Tribunal can order an assessment, a plan, or changes to the plan.

- **Who:** parents, up to the end of compulsory school age; young people over that age and under 25 can appeal themselves.
- **How:** GOV.UK says you can't appeal online if the council hasn't carried out an assessment, so use form SEND35A by post or email.
- **What happens:** GOV.UK says the Tribunal responds within 25 working days, including the deadline for more evidence, and the council then has 30 working days to respond.
- **Outcomes:** the Tribunal can dismiss the appeal, order an assessment, order a plan, or order changes. [Its own page](https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability) says it can also make recommendations on health and social care.
- **Help:** GOV.UK suggests checking whether you can get legal aid, and points to free help from IPSEA and local advice services.

If school gets harder while you wait, see [school refusal](/school/school-refusal) and [autistic burnout](/autism/burnout).

Sources for this section: [Department for Education / GOV.UK](https://www.gov.uk/government/publications/send-code-of-practice-0-to-25), [GOV.UK](https://www.gov.uk/appeal-ehc-plan-decision)

## Where can I get free help with an EHCP review or appeal?

Start with your local SENDIASS, the Information, Advice and Support Service, for impartial, confidential SEND advice. IPSEA offers free legal guides, template letters and a bookable advice line. Contact supports families with disabled children. Your council's Local Offer lists local services and SEND team contacts.

| Service | What it offers |
| --- | --- |
| SENDIASS | Impartial advice on reviews, letters and appeals; a worker may come to meetings to take notes |
| [IPSEA](https://www.ipsea.org.uk) | Free legal guides, template letters and an advice line |
| [Contact](https://contact.org.uk/) | Information for families with disabled children, including reviews and appeals |
| Local Offer | Local SEND services; search your council's website for "Local Offer" |

Book advice before a meeting, not after a decision. Unfamiliar terms are explained in our [glossary](/glossary).

Sources for this section: [GOV.UK](https://www.gov.uk/children-with-special-educational-needs/extra-SEN-help), [IPSEA](https://www.ipsea.org.uk/the-annual-review-process), [Contact](https://contact.org.uk/help-for-families/information-advice-services/education-learning/annual-reviews/)

## We live in Wales, Scotland or Northern Ireland: what applies?

EHCPs and the timescales on this page apply in England only. Wales uses the additional learning needs (ALN) system with Individual Development Plans. Scotland has additional support for learning and Co-ordinated Support Plans. Northern Ireland uses statements of special educational needs. Each has its own rules.

- **Wales:** Individual Development Plans (IDPs) under the ALN system. See the Welsh Government's [ALN guidance for parents and carers](https://www.gov.wales/additional-learning-needs-guidance-parents-and-carers).
- **Scotland:** some children have a Co-ordinated Support Plan (CSP), which must be reviewed at least annually. [Enquire](https://enquire.org.uk/parents/getting-support/co-ordinated-support-plans/) is the Scottish advice service for additional support for learning.
- **Northern Ireland:** the Education Authority may issue a statement of special educational needs, reviewed at least once a year. See [nidirect on statements](https://www.nidirect.gov.uk/articles/special-educational-needs-statements).

## Frequently asked questions

### How often should an EHCP be reviewed?

At least every 12 months, counted from when the plan was issued or last reviewed. For under-fives, councils should consider reviews every 3 to 6 months. If needs change, the council should review as soon as possible.

### Can I ask for an early EHCP review?

Yes. Write to your council SEND caseworker explaining what has changed. The SEND Code of Practice says the council should hold a review as soon as possible when a child's needs change.

### What if the council misses the annual review deadlines?

Write asking for its decision, which is due within four weeks of the meeting. You can't appeal a "no change" decision until it's in writing, and IPSEA has a template letter for chasing it.

### What is the deadline to appeal to the SEND Tribunal?

Within 2 months of the date on the decision letter, or 1 month from the mediation certificate, whichever is later. Late appeals can be accepted where fair and just, but don't rely on it.

### Do I have to go to mediation before appealing?

Usually you must contact a mediation adviser and get a certificate, but mediation itself is voluntary. You don't need to contact the adviser if your appeal is only about the school named in section I.

### What does "specified and quantified" mean for section F?

Provision must be detailed and specific and should normally be quantified: the type of support, hours, frequency and the expertise of whoever provides it. Wording like "access to" or "as required" is usually too vague to enforce.

## Sources

- SEND code of practice: 0 to 25 years (chapters 9 and 11) — Department for Education / GOV.UK (https://www.gov.uk/government/publications/send-code-of-practice-0-to-25)
- The annual review process — IPSEA (https://www.ipsea.org.uk/the-annual-review-process)
- Asking for an EHC needs assessment — IPSEA (https://www.ipsea.org.uk/asking-for-an-ehc-needs-assessment)
- Template letter 8: when the LA has not completed an annual review — IPSEA (https://www.ipsea.org.uk/complaining-when-the-la-has-not-completed-an-annual-review)
- Appeal an education, health and care (EHC) plan decision — GOV.UK (https://www.gov.uk/appeal-ehc-plan-decision)
- Annual reviews — Contact (https://contact.org.uk/help-for-families/information-advice-services/education-learning/annual-reviews/)
- The schools white paper and SEND reforms — Contact (https://contact.org.uk/help-for-families/information-advice-services/education-learning/the-schools-white-paper-education-reforms/)
- Children with SEND: extra help — GOV.UK (https://www.gov.uk/children-with-special-educational-needs/extra-SEN-help)

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**Not medical advice.** This information is general and educational. Always speak to a qualified professional about your individual child.

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