Appealing after an Annual Review
Experts in successfully challenging EHCP decisions to secure appropriate provision.
An Education, Health and Care Plan (EHCP) must be reviewed at least once a year to ensure it continues to accurately reflect a child or young person’s needs, progress, and required provision. Annual reviews provide an opportunity to consider whether changes are needed, supported by up-to-date evidence from relevant professionals.
If a local authority decides not to make requested changes following an annual review, including amendments to provision, placement, or other aspects of the EHCP, families will have the right to appeal to the Special Educational Needs and Disability Tribunal (SENDIST). Our specialist SEN solicitors help families understand their options, challenge decisions, and present a strong case to secure the support their child requires.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience in EHCP annual review appeals, helping families challenge local authority decisions.
- Transparent and flexible fee structures, including capped fee options where appropriate.
Common issues following an EHCP annual review
An EHCP annual review should ensure that a child or young person’s plan continues to reflect their current needs and the support required to help them access education. However, families can sometimes find that the outcome of an annual review does not properly recognise changes in their child’s circumstances or does not provide the level of support needed.
Our specialist SEN solicitors help families challenge a range of issues following annual reviews, including:
Refusal to amend an EHCP
Where a child’s needs have changed or their existing provision is no longer appropriate, families may request amendments to an EHCP. If a local authority refuses to make changes, we can advise on whether there are grounds to appeal.
Inadequate or reduced provision
An annual review may highlight that the support currently set out in an EHCP is no longer meeting a child’s needs. We help families challenge decisions where provision is reduced, removed, or does not provide the necessary support.
Changes to educational placement
Annual reviews may result in discussions about whether a child’s current school placement remains suitable. We support families where they disagree with proposed changes or believe a different placement is required.
Decisions to cease an EHCP
A local authority may decide that an EHCP is no longer necessary and issue a decision to cease the plan. We help families understand their rights and challenge decisions where appropriate.
EHCPs that no longer reflect a child’s needs
Children and young people’s needs can change over time. Where an EHCP no longer accurately reflects their educational, health, or care needs, we can advise on the steps needed to challenge the decision and seek appropriate amendments.
Annual review appeal FAQs
What happens in an Annual Review?
A meeting will be held with parents, the child (if able), the local authority, the school and all the professionals involved, to discuss the child’s progress over the previous 12 months and consider whether amendments need to be made to the child’s EHCP, including if the Section E outcomes need amending.
After the meeting, the head teacher will submit an Annual Review report to the local authority with or without requested amendments to your child’s EHCP. The local authority will consider this and either issue an amended proposed EHCP or decide not to amend it. Parents can appeal against the contents of the EHCP once it is finalised, or against the local authority’s refusal to amend the EHCP.
How long do I have to appeal an EHCP annual review decision?
The deadline for appealing an EHCP annual review decision is usually two months from the date of the local authority decision letter, or one month from the date of a mediation certificate (where mediation is required). It is important to take advice promptly to ensure you do not miss the relevant deadline.
Can I appeal if the local authority refuses to amend my child’s EHCP?
Yes. If you believe your child’s EHCP no longer accurately reflects their needs or does not provide appropriate support, you may be able to appeal the decision not to amend the plan. This may involve demonstrating that your child’s needs, provision, or circumstances have changed and that amendments are required.
Read more on LAs refusing to amend an EHCP.
Can I appeal a decision to cease an EHCP after an annual review?
Yes. If a local authority decides that an EHCP is no longer necessary, parents and young people generally have a right to challenge this decision through the SEND Tribunal. We can advise on whether the decision was appropriate and help prepare an appeal.
Read more on cease to maintain appeals.
What evidence is needed for an EHCP annual review appeal?
Strong evidence is important in an EHCP annual review appeal. This may include reports from educational professionals, therapists, medical specialists, schools, and other experts involved in supporting your child.
Our SEN solicitors can help identify what evidence is needed and how it should be presented.
Do I need a solicitor to appeal an EHCP annual review decision?
It is possible to appeal an EHCP annual review decision without legal representation, but these appeals can involve complex SEND law, detailed evidence, and strict Tribunal procedures. Working with a specialist SEN solicitor can help you understand your legal position, prepare a clear and persuasive case, and maximise your chances of achieving the best possible outcome for your child.
How long does an EHCP annual review appeal take?
The length of an appeal depends on the complexity of the case, the issues being challenged, and whether an agreement can be reached with the local authority. Some matters may resolve before a hearing, while others may proceed to a SEND Tribunal hearing.
Can you help before an EHCP annual review takes place?
Yes. Early advice can often help families prepare effectively before the review meeting. We can review the EHCP, advise on areas that may need to change, and help ensure the right evidence and information are available.
How much does Boyes Turner's SEN services cost?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Find out more about our fees and funding options.
Why use our annual review appeal solicitors?
- Specialist experience in EHCP annual review appeals: We understand the legal framework surrounding annual reviews, local authority duties, and SEND Tribunal procedures, providing clear advice to help families understand their options and take the right approach.
- Tailored advice focused on your child’s needs: Every child’s circumstances are different, and we take the time to understand your child’s needs, current provision, and the outcome you are seeking. Our advice is tailored to help you challenge decisions that do not properly reflect your child’s requirements and secure appropriate educational support.
- Supportive and collaborative approach: The success of an EHCP annual review appeal often depends on having clear, consistent evidence that demonstrates a child’s needs and the support required. We work closely with families, schools, and relevant professionals to ensure evidence is carefully considered, communication is aligned, and your case is presented as strongly as possible.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
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