My local authority says my child’s annual review will be delayed as they are short-staffed and there is a long backlog. Is this allowed?

No.

Local authorities (LAs) are legally obliged to complete annual reviews within 12 months starting with the date when the EHC plan was first issued, or 12 months from the conclusion of the last annual review.

There are no valid legal reasons for delay. LAs are expected to organise themselves so that they can meet legal deadlines, and staff shortages are not an excuse. You can use our template letter to complain.

If you feel there is an urgent need to amend the provision or placement in your child’s EHC plan, or your EHC plan if you are a young person, you could ask for an early review. 

LAs are also required to conduct and conclude annual reviews before a phase transfer by the applicable statutory deadlines. We have another template letter that you can use to complain about a late phase transfer review.