The SEND Code of Practice

Module 4 – Maintaining and Reviewing the EHC Plan

Maintaining the EHC plan

EHC plans must be reviewed every 12 months as a minimum. A review must be undertaken in partnership with the
child and their parent or the young person. Following a review, the decisions taken by the local authority must be
notified to the child’s parent or the young person within four weeks.

The purpose of the annual review is to:

• assess progress towards achieving the outcomes specified in the plan

• review the special educational health and social care provision

• consider whether the plan remains appropriate

• set new interim targets for the coming year and if appropriate, agree new outcomes

• review any interim targets set.

The local authority must also review and maintain an EHC plan when a child or young person has been released from
custody.

The local authority should provide a list of children and young people who will require a review of their EHC plan at
the start of a school term to enable professionals to plan attendance at review meetings and provide advice or
information about the child or young person.

This list should also be sent to the Clinical Commissioning Group and local authority officers. A local authority can
request but not require that early years settings, FE or other post-16 institutions convene and hold the EHC review
meeting on their behalf.

Reviews will normally be held at the educational institution the child or young person is attending and the following
must be invited and given two weeks’ notice of the date:

• the child’s parents or the young person

• a representative of the school or other institution
• a local authority SEN officer
• a health service representative
• a social care representative
• other individuals relevant to the review.

The school or other institution must seek advice and information about the child or young person prior to the
meeting from all parties invited and send any advice and information gathered to all at least two weeks before the

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meeting. A report of the meeting must be prepared within two weeks and sent out to all stating any
recommendations and refer to any difference between recommendations.

The local authority must decide whether it is proposed to keep the EHC plan, amend it or cease it within four weeks
of the meeting and notify the parent or young person. For children under five the local authority should consider
reviewing the plan every three to six months.

A plan must be reviewed and amended in sufficient time before a child or young person moves between key phases
of education. The review and any amendments must be completed by 15 February in the calendar year of transfer
between schools. For young people transferring to post-16 institutions, the plan must be completed by 31 March in
the calendar year of transfer. All reviews from year nine must include a focus on preparing for adulthood.

Reassessments

Local authorities must conduct a reassessment if a request is made by the parent, young person or the educational
institution. Where less than six months has passed since the last reassessment, the request can be refused. The
reassessment process will be the same as the process for the first reassessment.

Ceasing a plan

The following circumstances may apply.

• The education or training outcomes specified in the plan have been achieved.

• The local authority is no longer responsible for the child or young person.

Local authorities must not cease to maintain a plan simply because the young person is aged 19 or over. They must
inform the parent or young person that they have a right to appeal against the decision to cease the plan.

Transport costs and EHC plans

Where a parent wishes to send their child to a school or college further away than the one named the local authority
may agree, but ask parents to provide some or all of the transport costs.

SEN and social care needs, including children in need

Local protocols for assessment should be developed and published by local authorities and their partners. They
should set out how the needs of disabled children will be addressed in the assessment process and clarify how
statutory social care assessments will be informed by, and inform, other specialist assessments, including EHC needs
assessments. Where there is an EHC needs assessment, it should be combined with social care assessments where
appropriate.

Where a local authority has been providing children’s social care services to a young person under the age of 18, and
they have an EHC plan in place, local authorities can continue to provide these services on the same basis after the
age of 18.

Where the young person no longer has an EHC plan, the local authority no longer has the power to extend the
provision of these services to young people over 18. The local authority will agree with the young person the most

Whilst Tes Global Ltd have made every effort to ensure that the courses and their content have been devised and written by leading experts who have ensured that they reflect best practice in all
aspects, Tes Global Ltd exclude their liability of the consequences of any errors, omission or incorrect statements to the fullest extent permitted by law and Tes Global Ltd make no warranty or
representation as to the accuracy, completeness or fitness for purpose of any statements or other content in the course.

No part of this material may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system
without permission in writing by Tes Global Ltd.
appropriate time for transition to adult services, avoiding key pressure points such as exams or a move from school
to college.

As part of transition planning, the needs of carers should also be assessed or reviewed to explore the impact of
changing circumstances on the carer.

Resolving disagreements

The Code of Practice covers the resolution of disagreements at a local level, independent disagreement resolution
arrangements, independent mediation arrangements and the conditions for appealing to the Tribunal or making
disability discrimination claims. It also includes a table of avenues for complaints and redress.

In summary

This module on maintaining and reviewing EHC plans concludes your course on the SEND Code of Practice. Please
take time to review the further learning links listed in the ‘Resources’ tab, that follows to broaden and deepen your
knowledge of the SEND Code of Practice: 0 to 25 years.

You are now ready to complete the questionnaire. Click ‘Questionnaire 4’ to undertake the questions.

Whilst Tes Global Ltd have made every effort to ensure that the courses and their content have been devised and written by leading experts who have ensured that they reflect best practice in all
aspects, Tes Global Ltd exclude their liability of the consequences of any errors, omission or incorrect statements to the fullest extent permitted by law and Tes Global Ltd make no warranty or
representation as to the accuracy, completeness or fitness for purpose of any statements or other content in the course.

No part of this material may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system
without permission in writing by Tes Global Ltd.