EHCP Annual Review in Kent — Your Rights, What to Prepare, and What to Challenge

What Is an EHCP Annual Review?

An annual review is a process, including a meeting and KCC’s decision afterwards, to check whether your child’s Education, Health and Care Plan (EHCP) is still right for them. It is an opportunity to:

• Report what's working and what isn't
• Request changes to provision, outcomes, or placement
• Challenge support that's been promised but not delivered
• Raise new needs that have emerged since the last review

The review is required by law under the Children and Families Act 2014 (Section 44). It's not optional — the local authority must ensure it happens.

When Does It Happen?

Under section 44 of the Children and Families Act 2014 and the SEND Regulations 2014, the first review must be completed within 12 months of the plan being made and each later review within 12 months of the previous review. The review includes KCC’s decision, so holding the meeting alone does not complete it. In practice:

• The education setting normally arranges the meeting — for a child at school, the SENCo will often contact you about the date
• For children under 5, the SEND Code says local authorities should consider more frequent reviews, for example every 3 to 6 months; this is not a blanket statutory six-month rule
• Year 9 review onwards must include transition planning for post-16 or adulthood
• You can request an early review if needs or circumstances have changed, but the request does not itself create a fixed statutory deadline or replace an immediate complaint about undelivered Section F provision

Before the Meeting: What to Prepare

Prepare evidence and written views so the meeting report records your position accurately. The meeting makes recommendations; KCC makes the statutory decision afterwards.

Your Pre-Meeting Checklist

1. Re-read the current EHCP — especially Sections B (needs), F (provision), and E (outcomes). Use our EHCP checklist to spot gaps.
2. Write down what's changed — new diagnoses, behavioural changes, academic progress (or lack of), incidents at school, anything the school has told you informally.
3. Check whether provision is actually being delivered. Is your child getting the speech therapy hours? The 1:1 support? The OT? If not, this is your evidence that the plan isn't working.
4. Collect professional reports. Ask your child's therapists, CAMHS, GP, or any private professionals to provide written reports or letters. The school should request these, but don't rely on them — chase directly.
5. Get your child's views. Kent uses Appendix 1A ("All About Me") forms to capture children's views. Help your child complete this, or write down what they've told you if they can't fill in a form.
6. Write your own parental views. Put everything in writing — even if you say it in the meeting, the written version is what goes on the record. Be specific: "Section F says 3 hours of SLT per week. My child has received 1.5 hours since September."
7. Decide what you want changed. Go in with a clear ask: more hours, different provision, change of placement, updated outcomes. Vague concerns get vague responses.

Documents to Bring

• Current EHCP (printed, with your notes)
• Any professional reports received since the last review
• Your written parental views
• Your child's views (Appendix 1A or equivalent)
• Evidence of provision not being delivered (emails, logs, letters)
• Any private assessments or reports

Who Arranges the Meeting and Report

For a child attending school, the education setting (usually through the SENCo) normally arranges the meeting on KCC's behalf. The person arranging the review must:

1. For a child or young person attending a setting, regulation 20 lists who must be invited: the parent or young person, the setting, a local-authority education officer, the identified health professional and a local-authority social-services officer. Relevant other people may also be invited. An invitation does not guarantee attendance.
2. Advice and information must be sought from the people listed in regulation 20(2) and circulated at least two weeks before the review meeting. Ask the organiser what is outstanding and how your views will be included.
3. Circulate all paperwork at least 2 weeks before the meeting — if you haven't received anything a week before, chase the SENCo
4. Chair the meeting and ensure your views and your child's views are heard
5. Prepare and send the annual review report within 2 weeks of the meeting to everyone invited, including KCC

What Kent County Council Must Do

KCC has 4 weeks from the review meeting to notify you whether it will:

1. Amend the EHCP — make changes to needs, provision, outcomes, or placement
2. Maintain the EHCP without changes — keep it as is
3. Cease to maintain the EHCP — a decision subject to the legal conditions and applicable appeal rights

KCC must write to you with its decision within four weeks of the meeting. If it decides to amend, it must also provide the plan and proposed amendments, including supporting evidence, and allow at least 15 calendar days for representations and to request a school or other institution.

After sending the plan and proposed amendments, KCC must issue the final amended plan as soon as practicable and within eight weeks, or notify you that it has decided not to amend. See SEND Regulation 22 and IPSEA’s annual-review guidance.

What Happens After the Review

If KCC proposes to increase or change provision ✅

Check the proposed wording against the review evidence and recommendations. The meeting itself does not amend the plan. Make any representations within the period KCC gives you, which must be at least 15 days, before it issues the amended final plan. The eight-week finalisation limit runs from KCC sending the plan and proposed amendments, not from the end of your response period.

If provision stays the same and you're happy ✅

No action needed if you agree. The existing EHCP continues. The next review, including KCC’s decision, must be completed within 12 months of this review.

If provision stays the same and you're NOT happy ⚠️

If you raised concerns but KCC decided to maintain the plan without changes, your options include:

1. Write to KCC SEN team explaining specifically what you want changed and why. Reference the evidence from the annual review.
2. Request an early review with additional professional evidence supporting your case.
3. Contact the current mediation adviser where required. Kent's official mediation page links to Global Mediation. Attending mediation is optional; most appeals require a certificate, while a placement-only Section I appeal is exempt.
4. Appeal where the decision carries that right — see our EHCP Tribunal guide for Kent. The usual deadline is the later of 2 months from the date on KCC's decision letter or 1 month from the date on the mediation certificate.

If provision is reduced or the plan is ceased ❌

This can happen in some cases. If KCC proposes to reduce provision or cease the EHCP:

1. Read the document carefully. If KCC proposes amendments, it must give at least 15 days for representations on the proposed changes. A decision to cease is given by notice and carries an appeal right; it is not a draft plan with a 15-day comment window.
2. Respond in writing. Ask for the reasons and evidence relied on, identify any factual error, and explain how your evidence supports the provision you say is required.
3. Get legal advice. Contact IPSEA (free), IASK Kent (free), or see our EHCP solicitors directory.
4. Request mediation advice and/or appeal where a right exists. Check the decision letter, certificate rules and the later-of-two-deadlines calculation. No national or Kent statistic predicts the outcome of an individual case.

Year 9 and Transition Reviews

From Year 9 onwards, annual reviews must include preparation for adulthood. The review should cover:

• Post-16 education options (sixth form, college, specialist provision)
• Employment and training aspirations
• Independent living skills
• Community participation
• Health needs in adulthood

From Year 9, the review must include preparation for adulthood. Required people must be invited and advice sought under the applicable review rules; invitation does not guarantee attendance. Ask how education, health and social-care contributions will inform the transition plan.

For more on post-16 planning, see our transition to adulthood guide for Kent.

Key Timelines at a Glance

Where to Get Help

• IASK Kent — free impartial SEND information and advice. Ask what support is available for your review, including whether meeting support is possible.
• IPSEA — Free national SEND legal advice. Excellent phone helpline for specific annual review questions.
• Kent SEND parent groups — Other parents who've been through the process. Invaluable for moral support and practical tips.
• EHCP solicitors and free legal support — If you need to appeal to Tribunal after a bad annual review outcome.

Frequently Asked Questions

How often is an EHCP reviewed?

The first review must be completed within 12 months of the plan being made and each later review within 12 months of the previous review. The process includes KCC’s decision, not just the meeting. For a child under five, the SEND Code says KCC should consider more frequent reviews, for example every 3 to 6 months; that is not a blanket statutory six-month requirement.

Can I request changes to the EHCP at the annual review?

Yes — to any section. Put your requested changes in writing before or at the meeting. Be specific about what you want changed and why.

What if Kent County Council reduces my child's support?

If KCC decides to amend, it must send the plan and proposed amendments with its review decision and give at least 15 days for representations and to request a school or other institution. The final amended plan, or notice that it will not amend, is due as soon as practicable and within eight weeks of sending the proposed amendments. Once it issues the amended final plan, check the decision letter for appeal rights. The usual Tribunal deadline is 2 months from the date on that letter or 1 month from the mediation certificate, whichever is later.

Do I have to attend the meeting?

You must be invited and your views must be sought, but you are not compelled to attend. If you cannot attend in person, ask about joining remotely, an alternative date or submitting written views.

Can I request an early review?

You can ask KCC to arrange one where needs or circumstances have changed. The request does not itself impose a fixed statutory decision deadline and is not a substitute for raising undelivered Section F provision immediately.

What should the school do before the review?

For a child attending school, the setting normally arranges the meeting. The person arranging it must invite the required participants, seek and circulate advice at least 2 weeks before, and send the review report within 2 weeks after the meeting.