Annual Review of an Education Health and Care Plan

Once the Local Authority has made its decision following the annual review meeting, the next step is to issue a draft Education Health and Care Plan ( EHCP). If changes are required this should also be done wherever possible no later than week four of the process. This stage is governed by statutory timescales and compliance requirements under the Children and Families Act 2014 and SEND Regulations 2014.

How the draft plan is issued

The draft EHCP will be sent via email to parents or carers and the young person (where appropriate, if parents have alternative means of preferred communication, the EHCP can be shared in this way. School will also receive a copy of the draft EHCP for their records and should also review and respond to parents on any proposed changes within the draft window. It will be accompanied by a decision letter, confirming the outcome of the review and explaining the next steps. The draft plan will be signed by an authorised officer with delegated authority to commit the Local Authority to the provision and resources set out in Section F of the EHCP.

Content of the draft plan

The draft will clearly show:

• proposed additions in bold
• proposed deletions in strikethrough
• references to supporting evidence (reports, professional advice)

This transparency ensures parents and professionals can see exactly what is changing and why.

Opportunity to discuss

Parents or carers or the young person themselves may request a meeting with their caseworker to discuss the content of the draft plan before responding. This is an opportunity to clarify any changes and raise questions about provision or outcomes or content of the EHCP. Parents should contact their caseworker directly to request and arrange this or alternatively contact sensection@stockton.gov.uk to make the request.

Response timescales

Parents or carers have 15 calendar days from the date on the covering letter to respond, indicating:

• agreement with the draft plan, or
• requests for further changes or clarification
• confirmation of the school placement they wish for their child to attend, whether this is to continue at their current school or change to a different school placement

Responses should be made in writing to the Local Authorities SEND Service to ensure an accurate record and can be sent to sensection@stockton.gov.uk. If no response is received to the draft, the final EHC Plan will automatically be issued at the end of the 15-day period.

Issuing the final plan

The Local Authority must issue the final EHCP within 12 weeks of the date of the annual review meeting (not the date the draft was sent). This statutory deadline ensures timely implementation of agreed changes and provision.

It is important that schools, settings, and parents must save and securely store each final EHCP issued to them. The final plan is an official record and should be retained safely in line with GDPR requirements and each organisation's data‑retention policies and that this is the version of the EHCP that would be used at the next annual review meeting.

Additional key points

If parents request a change of placement during this stage, the Local Authority will consult with the proposed setting as required by the SEND Code of Practice. The statutory duty to issue the final plan within 12 weeks remains, even if placement consultations are ongoing. All correspondence should remind parents of their right to appeal once the final plan is issued.