Legal timescales after an annual review
- Within 4 weeks of the review meeting: The local authority must notify you whether it proposes to continue the plan, amend it, or cease to maintain it (regulation 20).
- At least 15 days for representations: If the local authority proposes amendments, it must send you the plan with a notice of proposed changes and give you at least 15 days to respond (regulation 22).
- Within 8 weeks of the proposed-amendments notice: The local authority must issue the final amended EHCP, or notify you that it is not amending — counted from the date it sent the proposed-amendments notice, not from the review meeting (regulation 22).
If the final EHCP is delayed
- 1
Write to the SEND team formally
State the date of the review meeting, the statutory 8-week deadline, and request that the final EHCP be issued urgently. Send by email so you have a record.
- 2
Request a response within 5 working days
If the local authority cannot explain the delay or give a firm date, this is a breach of statutory timescales.
- 3
Escalate to the SEN Manager
If the first letter is ignored, escalate formally. Continued delays may be grounds for a complaint to the local government ombudsman.
If you disagree with the final EHCP content
If the final amended EHCP does not reflect your objections or is otherwise wrong, you can appeal to the SEND Tribunal. Your appeal deadline runs from the date of the final EHCP letter. Use our deadline calculator to check your dates.
See our guides on Section B, Section F, and placement (Section I) appeals.
What your pack can include
- Formal chase letter to the local authority demanding the overdue final EHCP
- Escalation letter to the SEN Manager
- Grounds of appeal if the final EHCP content is wrong
- Chronology of the review process and delays
Frequently asked questions
- How long does the local authority have to issue the final amended EHCP after an annual review?
- Within 4 weeks of the review meeting, the local authority must tell you whether it proposes to continue, amend or cease the plan (regulation 20). If it proposes amendments, it must give you at least 15 days to comment, then issue the final amended EHCP (or notify you it is not amending) within 8 weeks of sending the proposed-amendments notice (regulation 22) — not within 8 weeks of the meeting. If these deadlines are missed, write formally demanding urgent action.
- What if the final amended EHCP is wrong?
- If you disagree with the content of the final amended EHCP, you have the right to appeal to the SEND Tribunal. The appeal must be registered within 2 months of the final EHCP or 1 month from your mediation certificate — whichever is later. Use the deadline calculator to check your dates.
- What if the local authority says the EHCP won't be amended after the review?
- After an annual review, the local authority must decide whether to maintain the EHCP as it is, amend it, or cease it. If it decides not to amend, it must notify you. If you disagree with that decision, you can appeal to the SEND Tribunal in the same way as you would appeal the content of the EHCP.
- Can I request an urgent review if the situation has changed?
- Yes. If your child's needs or circumstances have changed significantly between annual reviews, you can request an early review at any time. The local authority should consider the request, although they have some discretion over the timing.