2, 2, 2, 4 Weeks: The Four EHCP Review Deadlines Parents Are Owed

This is the education commute. Both voices on this show are synthesised. The judgement isn't. There is, um, a very specific, like heavy sort of dread that comes with opening a letter from a school. Oh, yeah. I mean, not the cheerful, colourful newsletter about the summer fair, right? The formal one. The one on the official letterhead. Exactly. The one that declares an annual review. Yeah. And it dictates a date, usually something incredibly inconvenient, like three weeks on Thursday at half past two. Right in the middle of the work day.

Always. And it lists these half recognised names of various professionals. And then somewhere in the middle of the page is that fateful line. Please find attached the school's report. And the attachment is never there. The attachment is never there. Well, welcome to the parents commute strand of the show. We're having a conversation directly with you, the parent on your commute. I'm a serving practitioner. I'm a teacher who actually sits in those annual review meetings. I see the stressed parents across the table and to be completely honest, I am often the one holding a report that I was forced to write at like 11 o'clock the night before.

And I want to tell you what you are actually legally entitled to because honestly, the bureaucracy relies on you not knowing the rules. And I'm bringing the perspective of the document reader to prepare for this conversation. I have read the send coming of practice in full cover to cover, cover to cover. Not to 25 from January, 2015, which is no small task. No, it's not. But what stands out in that document, specifically the part governing this annual meeting for a child's education, health, and care plan is how incredibly precise the law actually is.

It really is like it isn't a collection of vague suggestions for schools to just, you know, try their best. It is a system of clocks. Yes. A very rigid system of clocks. And I think the most important thing for a parent to understand is that those clocks belong to you, not to the local authority and not to the school. Exactly. Let's address the reality of that missing school report. The invisible attachment. Right. The anxiety you feel when you read that letter stems entirely from a lack of control, it feels like the school holds all the cards.

Oh, absolutely. But you found the foundational rule that completely shifts that power dynamic. What is the baseline rule for these reviews? Well, it all stems from one core sentence in the document. Every education, health, and care plan must be reviewed at least every 12 months. Every 12 months. That is the baseline legal duty. But around that 12 month marker, there are four specific deadlines. These are your four clocks. So let's walk through them. Where exactly are they in the text and how do they work mechanically?

Sure. So this is paragraph 9.176. Let's take the first clock, which is two weeks. You, the school, a council SEN officer, that's the special educational needs officer from the local authority, a health representative and a social care representative must be invited. Yep. And given at least two weeks notice of the date of the meeting. I have to pause on the reality of that. Yeah. Getting a council SEN officer, a health representative and a social care representative all in the same room. That is a massive logistical hurdle.

Oh, for sure. But the law doesn't care about the school's administrative burden, does it? The law explicitly says there is no springing a meeting on a family three days in advance. Everyone gets a minimum of two weeks notice. The requirement is strict notice, which triggers the second clock, which is another two weeks. Right. The school must gather advice and information from everyone invited and send any advice and information gathered to all those invited at least two weeks before the meeting. That is the missing attachment. That is the paperwork that never arrives when it is supposed to.

I mean, the school's report and the advice from all those other professionals is legally required to be in your hands two weeks before you ever set foot in the room. Not the night before. No. And definitely not handed to you across the desk as you pull out your chair. Exactly. Because you need time to read it, process it, and prepare your own response. You know, absolutely. Then comes the third clock, which operates two weeks after the meeting. Following the meeting, the school must prepare and send a report of the meeting to everyone invited within two weeks of the meeting.

Okay. So a post-meeting report. Right. And this report must recommend any changes to the plan. And crucially, it should refer to any difference between what the school recommends and what others in the room said. See, that phrasing is a lifeline for parents. How so? When I sit in these meetings, there is often friction. A parent might completely disagree with the school's view of their child's progress or needs. And the law says that disagreement must be documented. The final report is not just a rubber stamp for the school's preferred narrative, it must capture the actual debate.

Which brings us to the final clock. Four weeks. Okay. Within four weeks of the review meeting, the local authority must decide whether it proposes to keep the EHC plan as it is, amend the plan, or cease to maintain the plan. And they must notify you of that decision. So the rhythm is, um, two, two, two, four. Right. Two weeks notice to invite everyone. The PAC sent two weeks before the meeting. The report sent within two weeks after. And the council's decision within four weeks. You got it.

But wait, what happens if the council decides something devastating? Like what if they decide to cease the plan entirely? Well, the exact same paragraph dictates that they must notify the child's parents of their right to appeal that decision and the time limits for doing so. Oh, wow. Okay. That right to appeal arise in the very same letter as the decision itself. It is not a separate hidden process you have to request. So the takeaway for you right now on your commute is this. The meeting isn't the review.

Right. The paperwork is the meeting is just the conversation in the middle. If that two weeks before PAC hasn't arrived, you are absolutely allowed to point that out. You can ask for the meeting date to move to accommodate the paperwork. Because the entire mechanism behind these clocks is partnership. Paragraph 9.1 6, eight states that reviews must be undertaken in partnership with the child and their parent, and it must take account of their views, wishes, and feelings. That word partnership is vital. Your view isn't just some courtesy item tacked onto the end of the agenda to make you feel heard.

No, it's not. It is a strict legal requirement of the meeting. It is the foundation of the process, but it is also important to recognise that the CEN code of practice doesn't treat every age group the same way. Oh, really? Yeah. The legal framework shifts based on child development. Let's look at the youngest children, the early years, which covers ages three to five. Okay. Because the gears of the clock have to spin differently for a toddler, right? I mean, they develop so rapidly. How does the document handle that?

So the law introduces a very careful distinction here between a must and the should. Under paragraph 9.1 7, eight, local authorities should consider reviewing an EHC plan for a child under five, at least every three to six months. See, I know from direct experience that councils will often tell parents, we only do annual reviews. Right. And technically the 12 month review is the absolute must, but by ignoring the should consider guidance for a three to six month review, they are ignoring the reality of early childhood.

Exactly. A plan written when a child is two and a half is ancient history by the time they are four. And the document acknowledges that holding a massive panel every three months could be burdensome. So it notes that these reviews may be streamlined. You might not need every single professional in the room. Okay. That makes sense. But it explicitly states that the child's parent must be fully consulted on any proposed changes. So practically, if you are walking into an early years review, you aren't going into complain that the old plan is bad.

You are bringing a list of what has changed. You are mapping their rapid development. Yes, exactly. Now, what happens when that child hits primary age, like five to 11, and faces the massive institutional transitions of the school system? Well, this is where the system of clocks introduces a fifth clock. The fifth clock. Yeah. Paragraph 9.1.709 deals with phase transfers. Phase transfers, meaning moving from early years to school, from infant to junior or from primary to secondary. The law mandates that the plan must be reviewed and amended in sufficient time.

And the review and any amendments must be completed by the 15th of February in the calendar year, the transfer at the latest. Okay. As a teacher, I see how this breaks down in practice all the time. Schools love to hold reviews in the spring or summer term. But you are saying the finished amended EHC plan, the document that officially names their new secondary school, has to be entirely completed by February 15th. Completed. Not just the meeting. The finished amended plan must be ready by the 15th of February.

Wow. Let's work backwards to figure out what that actually means for a parent's timeline. Okay. If the finished plan is due February 15th, you have to account for the council's four week decision clock, plus the time it takes to draft the actual amendments. This forces the actual review meeting to sit in the autumn term. Exactly. The system has to operate on an accelerated schedule to meet that specific date. So if your child is in year six or year two in an infant school or reception, if their plan started in a nursery, you cannot wait.

No, you can't. If you haven't received a review date by October half term, you must ask for one that week. Do not wait for the school or the council to contact you because the February 15th clock will simply run out. Which brings us to the next major shift in the law. As we move into secondary school from 11 to 16 and beyond the legal priority shapes again. We are no longer managing early development or just school transitions. We're managing the young person's eventual independence. Exactly. The focus of the paperwork literally has to look forward.

Right. It isn't just about hitting this year's academic targets. The conversation is meant to include considering a change of educational establishment or whether the EHC plan should be discontinued. That makes logical sense. You are mapping out the future. But there is a massive legal shock waiting for parents at the end of secondary school, isn't there? The system fundamentally changes who it answers to. It does. The Children and Families Act transfers significant rights directly to the young person. Paragraph 1.8 establishes that this happens once they reach the end of compulsory school age, which is the end of the academic year in which they turn 16.

I want to make sure the listener understands the gravity of that. At the end of year 11, the legal rights surrounding this incredibly complex document transfer completely away from the parent. Counsel's will normally engage directly with the young person rather than their parent. Paragraph 8.15 explicitly states that while a decision will typically involve discussion with the family, the final decision rests with the young person. So the letters. The official letters from the local authority will arrive addressed to the teenager, not to you. I mean, I understand the mechanism here.

The law is actively trying to build self-advocacy. So these young people aren't suddenly dropped into legal independence at 18 with no experience. But frankly, a 16 year old with special educational needs is often not prepared to manage a barrage of bureaucratic deadlines, appeal rights, and formal counsel letters. The law anticipates this friction, actually. Paragraph 8.16 provides a mechanism for them to ask a family member or friend to support them in any way they wish, including receiving correspondence on their behalf. Okay. That is the crucial action for parents.

You must prepare for this transfer. When you are sitting in that year 11 review, you need your teenager to say a very specific sentence. Exactly. They need to say, he'd like me to keep receiving the letters or she'd like me to. And you need to ensure they ask for that before the summer starts. Before the transfer happens. Yes. If you wait until September, the system will have already updated and the most critical letters outlining their future will simply go missing in the post or end up ignored.

So we have mapped out the theory for every age group. We have. But let's talk about the sin red work example. Let's talk about the reality I see in the staff room every single term, because every child we're discussing has special educational needs and the reality for so many families is that the system slips. Ah, yes. The classic slipped meeting scenario. You know exactly the one I mean. The review meeting gets scheduled, then a staff member is off sick, so it gets moved twice. The two week pack doesn't arrive.

Instead, a hastily typed report is shoved into your hands as you sit down in the room. You have the meeting. Then it turns out the council's S.E.N. officer wasn't there. So the council's decision letter never comes. Months pass by the time anyone actually looks at the file again. It is already time for the next annual review. How does the send code of practice handle a broken system? It deploys arguably the strictest sentence in the entire chapter. Oh. Paragraph 9.1 6, nine states. The full review must be held within 12 months of the date when the EHC plan was issued and then within 12 months of any previous review.

Wait, let's isolate that within 12 months of any previous review. So it is 12 months from the last review, not 12 months from the date someone finally got around to typing up the notes from the delayed meeting. Exactly. The baseline of that central clock does not shift just because the bureaucracy was slow. And regarding the missing council letter, that four week clock for the local authority to issue their decision must be notified within four weeks of the review meeting. That clock starts at the meeting, whether or not the council actually attended.

Wait, really? Yeah. Because I have heard of meetings being delayed or decisions held up indefinitely, specifically because the council representative wasn't in the room. The document says they must be invited. Whether they attend is a different question entirely. The four week clock does not wait for them. Wow. Let me put my teacher hat on for a second and speak directly to you as a parent. I am on your side in that meeting room. I want your child to succeed. Of course. But I am also the exhausted practitioner who was told on a Tuesday that I have a review meeting on a Thursday and I have to write a comprehensive developmental report at 11 at night.

The clocks protect me as much as they protect you. That's a great point. When you push back and demand the two week pack, you aren't just being difficult. You are actually forcing the school's administration to function properly. You are forcing them to give their own teachers adequate time to prepare for your child. The structure is there waiting to be used. Right. We are reaching the end of your commute. Let's distill all of this into the required actions you need to take away today. I want to give you one specific thing to try this week.

Find the date of your last review. It will be on the front of the plan or on the council's last decision letter. Add 12 months to that date. Write that date on the fridge. I love that. If a meeting isn't booked six weeks prior to that day on your fridge, send a one-line email to the CENCO at the school. Just right. The annual review is due by this date. Can we fix the meeting and the two week pack? Perfect. Summarise. Here are four things off the drive.

One, there are four clocks around every review. Two weeks notice to invite everyone. The pack two weeks before. The school's report two weeks after and the council's decision within four. That is paragraph nine point one seven six. Two, your right to appeal comes with the decision letter. And remember, your parent views are a strict requirement of the meeting, not a courtesy. Three, for phase transfers, the plan must be amended and finished by the 15th of February, forcing the review meeting gets it in the autumn term.

And for the under fives, these should be considered every three to six months. Four, from the end of the school year, your child turns 16, the legal rights move to them. The final decision rests with the young person. You need to ask for them to nominate you to receive letters before the summer. Everything we've discussed today is linked in the show notes. Remember, we're the trailer, not the film. Safe trip in. Both voices on this show are synthesised. The judgement isn't. See at the gates.