⚠️ Not legal advice. This guide is for information only. Always check with IASK or IPSEA for case-specific support. Disclaimer

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

Written by a Kent SEND parent. Last updated: March 2026.

📍 The EHCP Journey:
1. Apply 2. Check 3. Review 4. Appeal 5. Legal Help
⚡ The short version: Kent County Council must review your child's EHCP at least every 12 months. The school runs the meeting. You have the right to request changes, challenge reductions, and appeal to the SEND Tribunal if the council gets it wrong. Don't just turn up — prepare.

What Is an EHCP Annual Review?

The annual review is a formal meeting to check whether your child's Education, Health and Care Plan (EHCP) is still right for them. It's your main opportunity to:

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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?

The EHCP must be reviewed within 12 months of the date the plan was last issued or amended. In practice:

⚠️ Common Kent problem: KCC has historically missed annual review deadlines. If your child's review is overdue, write to KCC SEN team requesting an immediate review. Reference Section 44 of the Children and Families Act 2014. Keep a copy. If they still don't act, IASK Kent can help you escalate.

Before the Meeting: What to Prepare

The annual review is not the time to wing it. What you bring to the table directly affects what your child gets for the next 12 months.

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

What the School Must Do

The school (usually the SENCo) is responsible for organising the annual review. They must:

  1. Invite you and all relevant professionals — at least 2 weeks before the meeting
  2. Gather reports from everyone involved in your child's EHCP (SLT, OT, educational psychologist, CAMHS, etc.)
  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. Submit the annual review report to KCC within 10 working days of the meeting
💡 Kent tip: Since January 2025, Kent schools must submit annual reviews through KELSI's digital annual review form. Ask your SENCo to confirm the report has been submitted digitally — paper submissions are no longer accepted.

What Kent County Council Must Do

After receiving the annual review report from the school, KCC has 4 weeks to decide whether to:

  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 — stop the plan entirely (rare, but it happens)

KCC must write to you with their decision. If they decide to amend, you'll receive a draft amended EHCP and have 15 calendar days to comment.

What Happens After the Review

If provision is increased or changed ✅

KCC will issue an amended EHCP. Check the new wording carefully against what was agreed at the meeting. If the amended plan doesn't match what was discussed, write to KCC immediately — within the 15-day comment window.

If provision stays the same and you're happy ✅

No action needed. The existing EHCP continues. Make a diary note for the next annual review (12 months from this one).

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

This is the most common frustration. You raised concerns, but KCC decided to make no changes. Your options:

  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. Request mediation through the SEND Mediation Service — this is free and must be offered before you can appeal to Tribunal.
  4. Appeal to the SEND Tribunal — see our EHCP Tribunal guide for Kent. You have 2 months from the date of KCC's decision letter to register an appeal.

If provision is reduced or the plan is ceased ❌

This is the worst outcome and it does happen — particularly during cost-cutting. If KCC proposes to reduce provision or cease the EHCP:

  1. Don't panic. They must send you a draft amended plan (or cessation notice) and you have 15 days to respond.
  2. Challenge it in writing immediately. Ask for the specific evidence they've used to justify the reduction. "Needs have been met" is not sufficient — they must demonstrate how.
  3. Get legal advice. Contact IPSEA (free), IASK Kent (free), or see our EHCP solicitors directory.
  4. Request mediation and/or appeal. You can appeal to the SEND Tribunal against a decision to reduce provision or cease the plan. 96% of parents who appeal win.
🔴 Critical: The local authority cannot reduce provision simply because of budget pressures. The law requires that provision matches needs — not budgets. If you suspect a cost-driven reduction, say so explicitly in your written response and quote Section 42 of the Children and Families Act 2014.

Year 9 and Transition Reviews

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

The local authority should attend Year 9+ reviews (not just the school). If KCC doesn't attend, chase them — transition planning without the LA present is toothless.

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

Key Timelines at a Glance

What Deadline Who
EHCP must be reviewedEvery 12 months (6 months if under 5)School + LA
Invite parents + circulate reportsAt least 2 weeks before meetingSchool (SENCo)
School submits report to KCCWithin 10 working days of meetingSchool
KCC decides: amend / maintain / ceaseWithin 4 weeks of receiving reportKCC
Parent comments on amended plan15 calendar daysYou
Appeal deadline (to SEND Tribunal)2 months from decision letterYou

Where to Get Help

Frequently Asked Questions

How often is an EHCP reviewed?

At least every 12 months (every 6 months for children under 5). You can request an early review at any time if your child's needs have changed.

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?

They must send you a draft amended plan. You have 15 days to respond. If you disagree, you can request mediation or appeal to the SEND Tribunal within 2 months. The LA cannot reduce provision based on budgets — only on evidence that needs have genuinely changed.

Do I have to attend the meeting?

You don't have to, but you absolutely should. If you can't attend in person, ask to join remotely or submit written views. Request a date change if the proposed date doesn't work.

Can I request an early review?

Yes. Common reasons: significant change in needs, placement breakdown, transition planning, or provision not being delivered.

What should the school do before the review?

Invite you and all professionals at least 2 weeks before, circulate all reports 2 weeks before, and submit the review report to KCC within 10 working days after the meeting.