What's an Emergency Annual Review?
Think of it as the legal equivalent of jumping the queue...and it's entirely within your rights.
Normally, EHCPs are reviewed once a year at the annual review meeting. But here's what most parents don't know: you can request an emergency annual review at any time if circumstances have changed significantly or the current provision isn't working.
The law doesn't make you wait for that scheduled date while your child's needs go unmet.
When Should You Consider One?
Emergency annual reviews are your friend when:
- Your child's placement has broken down and they're out of school
- The current school simply cannot meet their needs (and everyone knows it)
- Your child's needs have changed significantly since the last review
- You're facing a phase transfer and the LA is dragging its feet about naming a school
- The provision in the EHCP isn't being delivered and your child is suffering
- You've been asking for changes for months and the LA keeps delaying
Basically, if you're stuck and your child is losing out, an emergency annual review can force action.
Why Emergency Annual Reviews Work
Here's the magic: once you request an emergency annual review, the local authority has four weeks to hold the meeting. Then they have another four weeks to decide whether to amend the EHCP.
That's eight weeks maximum from your request to a decision.
Compare that to the endless "we're looking into it" emails you've been getting, and you can see why this matters.
But there's another reason they work: they create a paper trail. They force the LA to formally consider the situation, put their position in writing, and make decisions they'd rather avoid. Suddenly your case isn't stuck in the back of someone's inbox – it's on a statutory timeline with actual deadlines.
How to Request an Emergency Annual Review
This doesn't need to be complicated. Here's what you do:
1. Put it in writing
Email or letter – doesn't matter, as long as it's documented. Send it to:
- Your child's school (they coordinate the review)
- The LA SEN team
- Anyone else involved in the EHCP
2. Be clear about what you're requesting
Use these words: "I am requesting an emergency annual review of [child's name]'s EHCP under the Children and Families Act 2014."
3. Explain why
You don't need a legal essay, but be specific about what's changed or why the current situation isn't working:
"Since the last annual review, [child] has been on a part-time timetable for six months with no improvement plan. The current provision is clearly not meeting their needs and they are falling further behind academically and emotionally."
Or:
"The current school has confirmed they cannot meet [child]'s needs. [Child] is frequently sent home and is now school refusing. We need an urgent review to identify appropriate alternative provision."
4. State what you want to achieve
Be clear about the outcome you're seeking:
- A different school named in Section I
- Additional provision or support
- A change in placement type
- Specific therapies or interventions added
What Happens Next?
The school should schedule the meeting within four weeks of your request. If they don't, follow up in writing asking for confirmation of the meeting date and reminding them of the statutory timescale.
The meeting itself follows the same format as a regular annual review, but with more urgency and focus on the specific issues you've raised.
After the meeting, the school sends their recommendations to the LA, who then has four weeks to decide whether to:
- Amend the EHCP (issue a proposed amended EHCP)
- Keep it the same
- Cease to maintain it (rare and requires strong justification)
What If They Still Drag Their Feet?
Some LAs will try to slow things down even with an emergency annual review. Here's how to keep the pressure on:
If they don't schedule the meeting within four weeks:
- Send a written reminder referencing the statutory timescale
- Consider a formal complaint
- Contact your local councillor if needed
If they miss the four-week decision deadline after the meeting:
- Put it in writing that they're in breach of their statutory duty
- This strengthens any future tribunal case
- Consider a Pre-Action Protocol letter if the delay continues
If they refuse to amend when change is clearly needed:
- You have the right to appeal to tribunal
- The emergency annual review has created a clear evidence trail of the LA's position
Common LA Pushback (and Your Responses)
"We don't think this situation warrants an emergency review"
They don't get to decide that – you do. The regulations give parents the right to request one, and the LA has a duty to hold it.
"We can address this at the scheduled annual review in [months away]"
Not acceptable if your child's needs aren't being met now. Remind them that every week of inappropriate provision is educational harm.
"Let's have an informal meeting first"
Informal meetings aren't subject to statutory timescales and don't create the same accountability. You're entitled to a formal emergency annual review.
"We need more time to gather evidence"
The four-week timeline allows for this. They've had plenty of time while your child has been struggling.
The Bottom Line
Emergency annual reviews aren't confrontational...they're procedural. You're simply using a mechanism the law provides to ensure your child's needs are properly addressed without unnecessary delay.
Your child can't afford to wait while bureaucracy grinds slowly forward. An emergency annual review puts things on a clear timeline and forces decision-making.
If your child's current provision isn't working, if you're stuck waiting for action, or if circumstances have changed significantly, don't wait for the scheduled review date. Request an emergency annual review and take back some control over the timeline.
Your child deserves a response that matches the urgency of their needs.
Need help requesting an emergency annual review or navigating what comes next? Get in touch for a strategic consultation where we'll map out exactly what to say, what to ask for, and how to keep the pressure on.