Fostering
EHCPs and Reviews: Getting the Right Support in School
If a child or young person needs more help in education than a school or college can ordinarily provide, an Education, Health and Care Plan (EHCP) can lock in the right support—and hold services to account. For foster carers, kinship carers and parents, understanding how EHCPs work (and how annual reviews improve them) is the difference between patchy provision and consistent, legally-backed support. Below is a clear, practical guide to the process in England, with pointers you can use at school meetings anywhere in the UK (local terms vary in Scotland, Wales and Northern Ireland).
What an EHCP is—and when you need one
SEN support vs EHCP
Every school must identify needs early and deliver SEN Support using the graduated “assess–plan–do–review” cycle. If, despite relevant and purposeful support, a child or young person still isn’t making expected progress, you can ask the local authority for an EHC needs assessment—the gateway to an EHCP. The SEND Code of Practice sets this graduated approach and the responsibility to work with families.
The journey to an EHCP
Requests, decisions and the legal clock
You, the young person (16+), the school/college, or another professional can request an assessment. The local authority (LA) must decide within six weeks whether to assess. If it proceeds, the whole EHCP process should take no more than 20 weeks from the date of the request, except where limited statutory exemptions apply. Those asked for professional advice are generally expected to respond within six weeks as well.
What the plan contains
A lawful plan is specific about needs, provision and outcomes (and names a placement). It should make clear what help will be provided, how often, by whom and to what standard—so families and settings can check delivery. The Code of Practice expects outcomes-focused planning and person-centred practice.
Annual reviews: the engine that keeps support accurate
Why reviews matter
An EHCP is not “set and forget.” The LA must review each plan at least annually to monitor progress towards outcomes and to decide whether to maintain, amend or cease the plan. Reviews must look at what’s working, what isn’t, and whether the plan and placement still fit the child’s needs.
Who’s involved and the paperwork rhythm
Before the meeting, the school or college collects updated reports and invites attendees with at least two weeks’ notice, then circulates the papers so everyone arrives prepared. After the meeting, a report is sent to all participants. Within four weeks of the review meeting, the LA must issue its decision to maintain, amend or cease the plan; if it will amend, it should start the amendment process without delay and then issue the amended plan.
Special timings you should know
Under-5s: faster reviews
Because needs can change rapidly in early years, the Code expects LAs to consider reviews every 3–6 months for children under five (in addition to the minimum annual cycle).
Year 9 onwards: preparing for adulthood
From Year 9 (age 13–14) and at every review after that, the EHCP review must include Preparing for Adulthood (PfA)—covering education/employment, independent living, community participation and health. Person-centred planning and the young person’s voice are essential here.
Deadlines—and what happens after the meeting
Four-week decision, then prompt amendments
Case law and guidance confirm the four-week decision rule after a review meeting; once the LA proposes amendments, it must share the proposed changes and then issue a final amended plan promptly (with common practice being within eight weeks of the “decision to amend” letter). Keep an eye on dates and ask for them in writing.
For looked-after children and foster carers
Virtual School, PEPs and making the two plans talk to each other
Looked-after children have a Virtual School Head (VSH) in each LA responsible for promoting their educational achievement. Every looked-after child also has a Personal Education Plan (PEP) each term. The EHCP should align with the PEP so the same outcomes drive classroom practice, funding decisions and review conversations. Foster carers should be invited to EHCP reviews and PEPs—and can bring practical evidence from daily life.
Children with a social worker and kinship care
VSH responsibilities now include a strategic role for children with a social worker, and there is guidance for children in kinship care—useful where a child does not meet the threshold for care but still needs strong education leadership around attendance, behaviour and inclusion.
Timescales in the real world
Why delays happen—and what to do
National statistics show many plans are not issued within the 20-week limit because of demand and system pressures. If deadlines slip, keep careful records, ask for an updated timeline in writing, and escalate through the LA’s SEND team and complaints route if needed. You can request an early review if needs change quickly or provision is not being delivered.
Getting an assessment—or plan—when the LA says no
Mediation and the SEND Tribunal
If the LA refuses to assess, refuses to issue a plan, or you disagree with the contents or placement, you can appeal to the SEND Tribunal (after obtaining a mediation certificate—you only have to consider mediation). You generally have two months from the LA decision letter (or one month from the mediation certificate, whichever is later) to submit an appeal. Many families resolve issues at or before tribunal once evidence is clearly set out.
What a strong annual review looks like
Before the meeting
Ask the SENCO to confirm the agenda, reports and attendance list at least two weeks in advance, and share your own written update: what’s improved, what still isn’t working, what you want changed in Section F (provision) and the outcomes. For foster carers, tie your examples to the PEP; for young people, capture their voice in writing or video if they prefer.
During the meeting
Keep the discussion outcomes-focused: are the outcomes still right, and is each piece of provision specific and measurable? If new assessments are needed (for example, speech and language therapy, occupational therapy or educational psychology), agree who will request them and by when. The Code expects clear, person-centred reviews rather than a box-ticking exercise.
After the meeting
Chase the circulated review report and the LA’s four-week decision. If the LA proposes to amend, ask for the tracked-changes draft so you can see exactly what’s changed, and check the final plan reflects agreed wording. If the LA decides not to amend and you disagree, you can appeal.
Content and quality: making plans work day-to-day
Be specific, not vague
Provision should say how often (e.g., “weekly, 45-minute direct SALT”), how delivered (“1:1 with qualified therapist, not TA-led”), and what outcome it targets. Vague phrases like “access to” or “opportunities for” make delivery and accountability harder; specificity makes it measurable and enforceable. The Code’s outcomes focus is your anchor.
Join up education, health and social care
If health or social care needs impact learning (e.g., anxiety, sleep, toileting, sensory regulation), ensure they are recorded and that provision is coordinated with school timetables, transport and family life. Reviews are the moment to fix disconnects between school-day interventions and after-school therapy.
For carers in Kent, Hounslow and nearby areas
Local processes, national law
Local SEND teams run their own process guidance and portals (for example, Kent publishes clear steps and timetables), but the legal duties are national—annual reviews, under-5s consideration, Year 9 PfA focus and the four-week decision rule apply across England. Check your Local Offer page for forms and dates, then measure progress against national rules.
Quick reference: the core timeline
From request to final plan
- Week 0–6: LA decides whether to assess.
- By Week 16: LA decides whether to issue a plan.
- By Week 20: Final plan should be issued (unless a legal exemption applies).
- Every 12 months: Annual review cycle (more often for under-5s).
- Within 4 weeks of review meeting: LA notifies decision to maintain/amend/cease; if amending, it should proceed swiftly and then issue the amended plan.
If things still aren’t right
Escalate with evidence
Where provision in Section F isn’t delivered, escalate in writing to the school and LA SEND team and request an emergency (early) review. If disagreement persists about content or placement, consider mediation and, if necessary, tribunal. National figures show families frequently succeed when evidence is clear and needs are matched to provision.
Final thought
EHCPs are powerful because they’re legal agreements: they fix needs, provision and outcomes in one document and demand accountability from education, health and social care. If you use the annual review not just as a meeting but as a yearly reset—with evidence, clear requests and strict attention to timelines—you can keep support precise and responsive as the child grows, whether you’re in Kent, Hounslow, or anywhere else in England.