PART 3Children and young people in England with special educational needs or disabilities
Education, health and care plans
I144Reviews and re-assessments
1
A local authority must review an EHC plan that it maintains—
a
in the period of 12 months starting with the date on which the plan was first made, and
b
in each subsequent period of 12 months starting with the date on which the plan was last reviewed under this section.
2
A local authority must secure a re-assessment of the educational, health care and social care needs of a child or young person for whom it maintains an EHC plan if a request is made to it by—
a
the child's parent or the young person, or
b
the governing body, proprietor or principal of the school, post-16 institution or other institution which the child or young person attends.
3
A local authority may also secure a re-assessment of those needs at any other time if it thinks it necessary.
4
Subsections (1) and (2) are subject to any contrary provision in regulations made under subsection (7)(b).
5
In reviewing an EHC plan maintained for a young person aged over 18, or deciding whether to secure a re-assessment of the needs of such a young person, a local authority must have regard to whether the educational or training outcomes specified in the plan have been achieved.
6
During a review or re-assessment, a local authority must consult the parent of the child, or the young person, for whom it maintains the EHC plan.
7
Regulations may make provision about reviews and re-assessments, in particular—
a
about other circumstances in which a local authority must or may review an EHC plan or secure a re-assessment (including before the end of a specified phase of a child's or young person's education);
b
about circumstances in which it is not necessary for a local authority to review an EHC plan or secure a re-assessment;
c
about amending or replacing an EHC plan following a review or re-assessment.
8
Regulations under subsection (7) about re-assessments may in particular apply provisions of or made under this Part that are applicable to EHC needs assessments, with or without modifications.
9
Regulations under subsection (7)(c) must include provision applying section 33 (mainstream education for children and young people with EHC plans) to a case where an EHC plan is to be amended following a review.