Know Your Rights
Your legal rights at each stage of the EHCP process, with specific references to the SEND Code of Practice 2015 and Children and Families Act 2014.
annual review
EHC plans must be reviewed at least annually. The LA has a duty to review and can amend, maintain, or cease the plan.
Annual review is mandatory
The LA must review the plan within 12 months of it being issued and then within 12 months of every subsequent review.
If no review has been scheduled within 12 months, write to the LA requesting one.
Right to request early review
You can request a review at any time if you believe your child's needs have changed significantly.
Write to the LA requesting an early review, explaining what has changed.
Phase transfer review deadlines
For children transferring between phases of education, the review must be completed and the plan amended by specific dates: 31 March for Year 6→7, 15 February for reception and other transfers.
Check your child's transfer year and ensure the review happens in time.
LA must decide on amendments within 4 weeks
After the annual review, the LA must notify you within 4 weeks of whether it proposes to amend the plan, maintain it, or cease it.
If no decision within 4 weeks of the review, chase the LA in writing.
Right to appeal refusal to amend
If the LA refuses to amend the plan after annual review, you can appeal this decision to the SEND Tribunal.
Appeal within 2 months of the LA's refusal to amend.
Cross-cutting rights
Some rights apply across the whole EHCP journey, not just at one stage.
- Recording calls with the LA or school — your right under UK GDPR to record your own conversations, plus how to do it on Android, iPhone, and desktop.
Key Legislation
Children and Families Act 2014
The primary legislation establishing the EHCP system, rights to assessment, and the SEND Tribunal.
Read on legislation.gov.uk →SEND Code of Practice 2015
Statutory guidance that LAs, schools, and health bodies must follow when supporting children with SEN.
Read on gov.uk →