3 July 2026

Families are now seeing SEND Tribunal hearing dates up to 18 months away. That’s an awfully long time when your child is in crisis or without a suitable placement. It also means more annual reviews are taking place during the course of an appeal.

Quick recap – all EHC plans must be reviewed at least every 12 months, from the date the plan is first issued and then each subsequent review. That clock isn’t reset by a SEND Tribunal contents appeal (or any other type of appeal). These reviews will still need to go ahead, and the same legal rules relating to annual reviews and amendment of plans apply. No ifs, no buts.

Families often tell us that during their child’s EHC plan annual review meeting, everyone agrees that the plan needs to be updated. Yet, when the local authority (LA) makes its concluding decision, families are surprised to see that the LA has decided not to amend the plan. Parents are told that because there is an appeal about the plan underway, the LA can’t (or won’t) amend the plan following the review.

Not only is this wrong – LAs can and must make sure EHC plans specify the needs and provision it considers are reasonably required - this can also leave families feeling stuck, and children’s needs unmet.

Let’s look at what must happen and what families can do.

Can amended plans be issued mid-appeal?

Yes. LAs can make decisions to amend, and issue amended EHC plans, during an appeal.

Many LAs argue that they cannot or will not amend the plan because the content is subject to an ongoing SEND Tribunal appeal, and the changes being asked for are contained in the working document produced as part of that appeal.

However, the SEND Regulations 2014 and the duty to specify is clear. LAs must conclude annual reviews and make decisions following those reviews even when appeals are underway. If the LA decides that amendments are needed after considering the review report, the amendment process must be followed. 

Why does it matter?

If an LA refuses to amend the plan, important decisions about a child or young person's special educational needs and provision or placement may be delayed for months while the existing appeal continues.

This can leave children and young people without the support they need, which might lead to placement breakdowns or escalation of needs.

What can families do?

During the annual review meeting, you should say what changes you want made to the EHC plan, to make sure this is reflected in the annual review report.

If the working document that has been produced as part of the appeal to the SEND Tribunal reflects agreement between the parties, also refer to this and explain that using this document to amend the plan will help to narrow down the issues under appeal.

If the LA decides not to amend the EHC plan, even when the working document is clear on the changes that have been agreed to date or everyone in the meeting agreed that changes are needed, then you should:

1. continue with your current appeal. You should submit all relevant and helpful information from the annual review as evidence for the appeal. This could include the annual review report and any evidence gathered in advance
   
   
2. carry on with the working document process, to see what further agreement can be reached
   
   
3. consider using your right to mediation following the decision not to amend.  You might decide to do this if the working document contains lots of agreed changes or if the hearing date is still a long time away and your child is without important provision.

If you decide to mediate, the LA must attend and participate. It may agree in mediation to make the changes you want, or which are agreed in the working document. Here we explain some possible situations if your LA refuses to amend the EHC plan because there is a contents appeal underway and you decide to use your right to mediation:

If	Then
the LA does not agree in mediation to make any changes to the EHC plan and issue an amended EHC plan	continue with your current appeal
the LA agrees in mediation to make some changes to the EHC plan and issues an amended EHC plan which resolves some of the appeal issues (but not all)	you should submit a new appeal and ask for your current appeal and the new appeal to be joined together (this is called consolidation). You can find information on this on our website. The LA will have a duty to secure all special educational provision set out in the amended EHC plan at the date that plan is issued, and not at the end of the appeal. This might mean your child receives some of the provision they need whilst you wait for your hearing.
If the LA agrees in mediation to make all the changes you want to the EHC plan and issues an amended EHC plan which resolves all the appeal issues	the parties can ask the SEND Tribunal to end the appeal by making an order called a consent order.

If you need support with annual reviews or SEND Tribunal appeals, please contact us. For more information on the topics raised in this blog, please see:

Webinar: Annual reviews - Appealing to the SEND Tribunal - practical hints and tips

Webinar: Annual reviews - the process and your rights

Appeals about the contents of an EHC plan

The working document

Mediation

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