Legal timescales after an annual review
- Within 4 weeks of the review meeting: The LA must send you a notice of proposed amendments (or confirm it is not amending the EHCP).
- Within 15 days of proposed amendments: You have at least 15 days to object to proposed changes.
- Within 8 weeks of the review meeting: The LA must issue the final amended EHCP (or notify you it is not amending).
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 LA 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 LA 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 LA have to issue the final amended EHCP after an annual review?
- Following an annual review, the LA must issue the final amended EHCP within 8 weeks of the review meeting. There are also intermediate timescales — the LA must send proposed amendments within 4 weeks of the review. If these deadlines are missed, you can write formally to the LA 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 LA says the EHCP won't be amended after the review?
- After an annual review, the LA 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 LA should consider the request, although they have some discretion over the timing.