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

This guide covers England only. If you're still applying for a plan, start with our main 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.

From chapter 9 of the SEND Code of Practice:

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.

• 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, moving to secondary and mainstream or special school.

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

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.
• On the day: bring someone to take notes, and use our meeting notes sheet.

From vague to specific

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

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.

Decision → your options → deadline

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.

• 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 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 and autistic burnout.

Book advice before a meeting, not after a decision. Unfamiliar terms are explained in our glossary.

• Wales: Individual Development Plans (IDPs) under the ALN system. See the Welsh Government's ALN guidance for parents and carers.
• Scotland: some children have a Co-ordinated Support Plan (CSP), which must be reviewed at least annually. Enquire 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.