Q:
Is the SENCo accountable for amending the EHC plan after an annual review meeting?
We have an upcoming Annual Review meeting scheduled in the next few days and recently received an email from the SENCo outlining the roles and expectations for the review.
The email states:
"As [my son's] SENCo, I will edit the EHCP after the review and make amendments where necessary."
However, based on what we’ve learned from other parents, it is not advisable to rely on the school to make amendments to our son's EHCP
As I understand it, the SENCo's role is to compile a report for the Local Authority (LA) after the Annual Review, leaving the responsibility of making any amendments to the EHCP to the LA.
Shouldn't it be the LA, rather than the SENCo, making changes to my son's EHCP?
Gordon M.
23 Feb 2025
A: SenseCheck
- 0 Yes
- 2 No
- 0 Other
- 24 Feb 2025
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No
Simple
The SENCO provides a report. In that report, they say if any amendments are being recommended to the EHCP text. To do that, they’ll probably track changes.
The LA can then decide if they want to amend the EHCP or not. Most of the time amendments reflect the progress that a child has made in a year and are uncontroversial. Therefore, it’s fairly common for an LA to accept the amendments.
However, if there’s issues of school placement or extra provision written in, the LA can still decide what to do next – following the process that Sean’s outlined.
Ultimately, the LA officer will know about SEND, but won’t know your child. The people who know the child best are the people likely to be at the meeting (from which the SENCo’s report will come).
Aaron King
9000 Lives SEND Consultancy - 23 Feb 2025
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No
Simple
No.
Gordon, the Local Authority (LA) holds ultimate responsibility for determining what amendments should be made to an Education, Health and Care Plan (EHCP). However, this is a procedural matter that begins with the review meeting, during which parents and other relevant parties are invited to contribute their perspectives. Remember all suggested amendments must have a clear evidential basis.
I have just addressed this very issue in response to a question from Helen Wolage. I will reproduce my answer below. However, if you or Helen have any further queries, please feel free to ask—while ensuring confidentiality is upheld and acknowledging that we are unable to provide legal advice.
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 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 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 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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