Reviews

Extract taken from the SEND Code of Practice 0 - 25 years January 2015
(9.166 - 9.171, 9.175 - 9.176)

 

EHC plans should be used to actively monitor children and young people's progress towards their outcomes and longer term aspirations. They must be reviewed by the local authority as a minimum every 12 months. Reviews must focus on the child or young person's progress towards achieving the outcomes specified in the EHC plan. The review must also consider whether these outcomes and supporting targets remain appropriate.

 

Reviews should also:

 

  • gather and assess information so that it can be used by early years settings, schools or colleges to support the child or young person's progress and their access to teaching and learning

  • review the special educational provision made for the child or young person to ensure it is being effective in ensuring access to teaching and learning and good progress

  • review the health and social care provision made for the child or young person and its effectiveness in ensuring good progress towards outcomes

  • consider the continuing appropriateness of the EHC plan in the light of the child or young person's progress during the previous year or changed circumstances and whether changes are required including any changes to outcomes, enhanced provision, change of educational establishment or whether the EHC plan should be discontinued

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

  • review any interim targets set by the early years provider, school or college or other education provider.

 

Reviews must be undertaken in partnership with the child and their parent or the young person, and must take account of their views, wishes and feelings, including their right to request a Personal Budget. 

 

The first review must be held within 12 months of the date when the EHC plan was issued, and then within 12 months of any previous review, and the local authority's decision following the review meeting must be notified to the child's parent or the young person within four weeks of the review meeting (and within 12 months of the date of issue of the EHC plan or previous review). Professionals across education, health and care must co-operate with local authorities during reviews. The review of the EHC plan should include the review of any existing Personal Budget arrangements including the statutory requirement to review any arrangements for direct payments. For looked after children the annual review should, if possible and appropriate, coincide with one of the reviews in their Care Plan and in particular the personal education plan (PEP) element of the Care Plan.

 

Local authorities must also review and maintain an EHC plan when a child or young person has been released from custody. The responsible local authority must involve the child's parent or the young person in reviewing whether the EHC plan still reflects their needs accurately and should involve the youth offending team in agreeing appropriate support and opportunities.

 

When reviewing an EHC plan for a young person aged over 18, the local authority must have regard to whether the educational or training outcomes specified in the EHC plan have been achieved.

 

In most cases, reviews should normally be held at the educational institution attended by the child or young person. Reviews are generally most effective when led by the educational institution. 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 educational institution will engender the greatest confidence amongst the child, young person and their family. There may be exceptional circumstances where it will be appropriate for the review meeting to be held by the local authority in a different location, for example where a young person attends programmes of study at more than one institution. 

 

The following requirements apply to reviews where a child or young person attends a school or other institution: 

 

  • The child's parents or young person, a representative of the school or other institution attended, a local authority SEN Officer, a health service representative and a local authority social care representative must be invited and given at least two weeks' notice of the date of the meeting. Other individuals relevant to the review should also be invited, including youth offending teams and job coaches where relevant.

  • The school (or, for children and young people attending another institution, the local authority) 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 those invited at least two weeks before the 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. Children, parents and young people should be supported to engage fully in the review meeting.

  • The school (or, for children and young people attending another institution, the local authority) must prepare and send a report of the meeting to everyone invited within two weeks of the meeting. 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 institution's recommendations and those of others attending the meeting.

  • Within four weeks of the review meeting, the local authority must decide whether it proposed to keep the EHC plan as it is, amend the plan, or cease to maintain the plan, and notify the child's parent or the young person and the school or other institution attended.

  • 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 they must notify the child's parent or the young person of their right to appeal that decision and the time limits for doing so, of the requirements for them to consider mediation should they wish to appeal, and the availability of information, advice and support and disagreement resolution services. 

 

Reviews where a child or young person does not attend a school or other institution

The following requirements apply to review meetings where a child or young person does not attend a school or other institution:

 

  • The child's parent or the young person, a local authority SEN officer, a health service representative and a local authority social care representative must be invited and given at least two weeks' notice of the date of the meeting. Other individuals relevant to the review should also be invited, including youth offending teams and job coaches where relevant, and any other person whose attendance the local authority considers appropriate.

  • The local authority 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 those invited at least two weeks before the 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 provided to help them achieve those outcomes, or whether changes are needed to the outcomes themselves. Children, parents and young people should be supported to engage fully in the review meeting.

  • The local authority must prepare and send a report of the meeting to everyone invited within two weeks of the meeting. The report must set out recommendations on any amendments required to the EHC plan, and should refer to any difference between the local authority's recommendations, and those of others attending the meeting.

  • Within four weeks of the review meeting, the local authority must decide whether it proposes to keep the plan as it is, amend the plan, or cease to maintain the plan, and notify the child's parent or the young person.

  • If the plan needs to be amended, the local authority should start the process of amendment without delay (see paragraph 9.193 onwards).

  • If the local authority decides not to amend the plan they must notify the child's parent or young person of their right to appeal that decision and the time limit for doing so, of the requirement for them to consider mediation should they wish to appeal, and the availability of information, advice and support, and disagreement resolution services.

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