After the Annual review meeting of a child or young person’s EHCP, the school or college prepares a report summarising the results of the review meeting and setting out objectives for the following year. This should be completed within 10 working days. The report must be sent to all those involved in the review. The Local Authority (LA) must then:

• Review the EHCP in light of the report
• Decide whether to accept the head teacher or college recommendations
• Tell you, the head teacher or college and anyone else they think appropriate

The LA Torbay SEND team must notify you of their decision of whether they will be maintaining, andmding or ceasing your child or young person’s EHCP within 4 weeks of the Annual Review meeting. 

• If the LA agrees to maintain the EHCP with no changes the EHC Plan will continue
• If the LA proposes to amend the EHCP they will let you know in writing. They will then amend the EHCP as soon as possible and send you a draft of the amended EHCP. You will then have 15 days to consider these proposed changes and let the LA know if you agree to these changes and your choice of school. If you agree, following relevant consultation to ensure your chosen school also agree, the LA will produce an amended final EHCP.
• If the LA proposes to cease the EHCP they will let you know in writing. This will most probably be by email.

If you do not agree with the changes you can discuss this with a member of the Torbay SEND team on 01803 208274.

If you still cannot agree, you have the right to:

• Ask SENDIASS Torbay for independent information, advice and support. Phone: 01803 207884 (inquiry line open 10am – 2pm Mon – Fri and 24 hour answerphone facility). Email: sendiass@torbay.gov.uk – Sendiass Torbay | Torquay | Facebook
• Contact national organizations for advice
• Use the disagreement resolution and mediation service
• Appeal to the First-tier Tribunal (SEN and Disability)

Please be aware that there are time limits to your right of appeal. For more information please see SEND Mediation and Tribunal Appeals.