Understanding EHCP Reassessment and Consent for Parent Carers

23/07/2025

Many families have expressed concerns about the paperwork related to Annual Reviews of Education, Health and Care Plans (EHCPs), in particular the section that seeks parental consent for Shropshire Council to reassess a child's needs. We have communicated these concerns to the EHCP service manager, including questions about whether a reassessment might lead to changes in the child's support, such as increased or decreased provision, a different provider, or the cessation (stopping) of services.

The EHCP service manager reassured us that this paperwork is not new, but acknowledged that some families may be unfamiliar with it, especially if schools have not been using it correctly. Since 2023, annual review documents include a statement about reassessment, supported by guidance from Education Quality Advisors to ensure schools understand the proper procedures and the importance of providing relevant evidence.

Can the Council Ask for a Reassessment During an EHCP Annual Review?

Yes, they can. During the annual review of an Education, Health and Care Plan (EHCP), the local council has the right to decide if a full reassessment is needed. This might happen if the child or young person’s needs have changed, or if the current support isn’t helping as expected.

This is backed by the law – specifically, Regulations 18 to 21 of the Special Educational Needs and Disability Regulations 2014. You can read those here: SEND Regulations 2014 – Reviews and Reassessments.

The government’s SEND Code of Practice also explains this clearly. It says that during the annual review, the council should think about whether the EHCP is still right and whether a reassessment is needed. You can find that in paragraph 9.173 of the SEND Code of Practice.

So, if you’re a Parent Carer, know that the annual review isn’t just a check-in – it’s a chance to make sure the plan is still working and to ask for changes if needed. And the council can do the same. The reassessment process follows the same procedures and timescales as a new assessment, including opportunities for families to be involved and respond within statutory timeframes. During this process, families have rights to be informed, to submit evidence, and to appeal decisions through the SEND Tribunal if they disagree with the outcome.

We have emphasised to the EHCP service manager the importance of engaging with families before initiating a reassessment, even if consent is given. We also recommended separating consent for the reassessment itself from consent for the accuracy of the EHCP contents, to make these decisions clearer for families. Additionally, linking the SEND Local Offer with clear information about the purpose of consent and the reassessment process can help families understand their rights and options.

We will continue to update families on this and other topics as information is shared.