The legal requirement
Under the Children and Families Act 2014 and the SEND Code of Practice, a local authority must carry out an EHC needs assessment review (annual review) at least once every 12 months. For children under compulsory school age, the review must happen at least every 3 months. There is no flexibility in these timescales.
What to do if the review is overdue
- 1
Contact the school
Check whether the school has contacted the local authority about arranging the review. Sometimes delays are due to poor communication rather than refusal to act.
- 2
Write to the SEND team formally
Write to the local authority's SEND team (by email so you have a record) stating that the annual review is overdue, giving the date of the last review or EHCP issue, and requesting an urgent date.
- 3
Request a response within a specific timeframe
Ask for a response and a review date within 10 working days. Keep a copy of all correspondence.
- 4
Escalate if necessary
If the local authority does not respond or continues to delay, escalate to the local authority's SEN Manager, the local government ombudsman (if there has been sustained maladministration), or seek advice from SENDIASS or a specialist solicitor.
What your pack can include
- Formal letter to the local authority requesting the overdue annual review
- Escalation letter to the SEN Manager if the first request is ignored
- Chronology of reviews and review requests
- Preparation materials for the annual review meeting itself
Frequently asked questions
- How often must an EHCP be reviewed?
- An EHCP must be reviewed at least once every 12 months. For children in early years, the review must take place at least every 3 months. Local authorities may carry out reviews more frequently if circumstances change.
- What if the local authority misses the annual review deadline?
- If the local authority fails to carry out an annual review on time, this is a legal failing. You can write formally to the local authority's SEND team requesting an urgent review. If the local authority continues to delay, you can escalate to the local government ombudsman or seek legal advice.
- Can I request an early review before 12 months?
- Yes. Parents, schools, and young people can request an early review at any time if they believe the child's needs or circumstances have changed significantly. The local authority must carry out a review if one is requested, though it has discretion over timing in some circumstances.
- Does the school organise the annual review?
- The annual review is a legal duty of the local authority, not the school. In practice, the school often hosts and facilitates the review meeting. However, the local authority is ultimately responsible for ensuring the review happens and for making any amendments to the EHCP afterwards.