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• 23 Feb 2025

• Yes

  Simple

  Ms Wolage,

  Yes, it does break statutory timescales. 

  Once a decision has been made to amend an EHCP, the time between the review meeting and the issuance of the amended EHCP should not exceed 12 weeks. 

  Below is a summary of the process to be followed if a child or young person is attending school.

  EHC Plan Review Process when and EHCp is amended or not amended. (r20 The Special Educational Needs and Disability Regulations 2014 and r22 The Special Educational Needs and Disability Regulations 2014 )

  All key stakeholders, including the child’s parents or young person, school representatives, local authority SEN officers, health service representatives, and social care representatives, must be invited to the review meeting with at least two weeks’ notice. Other relevant individuals, such as youth offending teams or job coaches, should also be invited where appropriate.

  Before the meeting, the school (or local authority for those in other institutions) must gather and share advice and information from all invited parties at least two weeks in advance. The review meeting should focus on the child's or young person’s progress towards the outcomes in their Education, Health and Care (EHC) plan, any necessary changes to their support, and whether adjustments to the outcomes themselves are required. Children, parents, and young people should be fully supported to participate in the discussion.

  Following the review meeting, the school (or local authority) must prepare a report within two weeks, summarising recommendations for any amendments to the EHC plan. Any differences in opinion between the school and other attendees must be noted.

  Within four weeks of the review meeting, the local authority must decide whether to maintain, amend, or cease the EHC plan and inform the parents or young person, as well as the school or institution. If no changes to the Plan are needed, or if the decision is made to stop maintaining it, the local authority (LA) must inform the parents or young person about their right to appeal. They must also explain the deadline for appealing, the need to consider mediation first, and the support and dispute resolution services available.

  If amendments are required, the local authority must start the process promptly, providing a copy of the current plan along with details and supporting evidence of the proposed changes. Parents or the young person should be informed of their right to request a meeting with the local authority to discuss these amendments.

  Parents or the young person must be given at least 15 calendar days to provide feedback on the proposed changes, including requests for a specific school or institution to be named in the plan. If the local authority proceeds with the amendments, the revised plan must be issued as soon as possible, but no later than eight weeks after the initial amendment notice. If no amendments are made, the local authority must inform the parents or young person, providing reasons within the same timeframe.

  The amended EHC plan must clearly state it is a revised version, include the date of amendment and the original plan’s date, and attach any relevant reports or meeting minutes. A subsequent review must take place within 12 months of the original plan or last review date, not from the amendment date.

  If the local authority decides not to amend or amend the plan, they must inform the parents or young person of their right to appeal, the time limit for doing so, the requirement to consider mediation before appealing, and the availability of support and dispute resolution services.

  Best wishes,

  Sean Kennedy.

   

  

  Sean Kennedy
  Talem Law

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