Wolfe & Black practical guide
EHCP Annual Review Dispute: Delay, Amendments & Next Steps
How to build a record of the annual review, recommendations, requested amendments, local-authority decisions and disputed provision or placement.
Updated October 2026
Annual review disputes are often chronology problems as well as evidence problems. The review meeting, recommendations, local-authority decision and any amendment notice must be separated so delay and disputed content are not blurred together.
1. Build the annual-review timeline
Record the review meeting, circulation of papers, school recommendations, professional updates, local-authority decision and any proposed amendment documents in date order.
2. Track every requested amendment
Create a schedule showing the current wording, requested change, who proposed it, supporting evidence and the authority’s response.
3. Identify delay precisely
Record which step was due, what actually happened and how long the process has remained unresolved. Keep procedural delay distinct from disagreement about the substantive content of the plan.
4. Identify the current decision point
Be clear whether the issue is a decision to maintain, amend or cease, disputed wording, provision, placement or failure to issue the next decision. The next procedural step depends on that distinction.
Tribunal procedure and representation rules must be checked for the particular proceeding and stage.
Questions to ask before proceeding
What is the exact decision? What deadline applies? Which facts are genuinely disputed? What documents prove the important facts? What framework governs the decision? What outcome are you asking for? What has already been tried?
Official sources to check
Rules, guidance and procedures can change. These are the primary official sources used to keep this area grounded:
Frequently asked questions
How long should the EHC needs assessment and plan process take?
GOV.UK states that, subject to applicable exceptions, the final EHC plan should be issued within 20 weeks of the local authority receiving the request for assessment.
What EHC plan decisions can be appealed?
Appealable decisions include refusal to assess, refusal to issue a plan, and disputes about specified educational sections of an EHC plan. In most cases mediation advice must be considered before appeal.
Related guides
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