The annual review meeting has finished and changes were recommended. Then the old Education, Health and Care Plan (EHCP) stays on the system, the local authority decision has not arrived, and staff are unsure which version to follow.
An amendment notice turns the review evidence into proposed wording. It is not the final amended EHCP, and the school does not issue it.
Key points: Where amendments are proposed, the EHCP amendment notice should arrive with the local authority's decision, within four weeks of the review meeting. It is not the final plan. Parents or the young person get at least 15 days to respond. Schools should track dates, compare versions and keep working from the current final EHCP.
What is an EHCP amendment notice?
An amendment notice is the local authority's formal account of the changes it proposes after deciding to amend an EHC plan. Under regulation 22 of the SEND Regulations 2014, the local authority must send the parent or young person:
- a copy of the existing plan;
- a notice specifying the proposed amendments;
- copies of the evidence supporting those changes;
- information about the right to request a particular school or institution.
The notice opens a consultation stage. It does not replace the current final plan. A tracked draft, review report and final EHCP have different status, so saving all three as "latest EHCP" leaves staff guessing.
When should the amendment notice arrive?
The school or setting must circulate its annual review report within two weeks of the meeting. It should include recommendations and any differences of view. The local authority must then decide whether to maintain, amend or cease the plan and notify the family and setting within four weeks of the meeting. Those steps are set out in regulation 20 and the SEND Code of Practice.
The High Court considered how those deadlines fit together in the L v Devon County Council judgment. Where the local authority proposes to amend, the proposed amendments should accompany its decision within four weeks of the meeting. The final amended plan should then be issued within the following eight-week limit.
The working timeline is therefore:
- annual review meeting;
- school report within two weeks;
- local authority decision and proposed amendments within four weeks of the meeting;
- at least 15 days for the parent or young person to respond;
- final amended plan, or notice that amendments will not be made, within eight weeks of the amendment notice.
The Local Government and Social Care Ombudsman uses the same 12-week overall reading when assessing delay after annual reviews.
Who owns each part of the process?
The school contributes evidence and recommendations. The local authority owns the statutory amendment. The parent or young person has the formal opportunity to respond.
The school's job
The school should send an accurate report within two weeks, state recommended wording clearly, record disagreement and keep the evidence findable. It can challenge a proposed change that misses evidence, but that should support rather than replace the parent or young person's response.
The local authority's job
The local authority sends the notice, considers representations, decides the wording and issues the amended plan. A SENCO can suggest tracked changes but cannot amend the statutory EHCP by saving a school-edited copy.
The parent or young person's job
The parent or young person must be given at least 15 days to comment, request a meeting and request a particular school or institution. Agreement from the setting does not close their consultation.
What should a SENCO check when the notice arrives?
Treat the notice as a controlled comparison, not another document to file.
1. Record the service date
Log when the notice was received. That starts the response period and the eight-week deadline for the final amended plan. Record the expected final date beside the pupil's review record, not in one person's inbox.
2. Compare the whole plan against the review report
Check the proposed plan section by section:
- Section B: are current needs described accurately?
- Section E: do the outcomes fit the pupil's needs and aspirations?
- Section F: is provision specific enough to deliver?
- Sections G, H1 and H2: is relevant health or social care evidence reflected?
- Sections I and K: are placement and supporting advice accurate?
Do not limit the check to highlighted text. A change in one section may require a linked change elsewhere. A new need in Section B without corresponding provision in Section F leaves a gap even when both paragraphs read well on their own.
3. Separate evidence from preference
For every proposed change, identify its source: the review report, parent or pupil views, school evidence or professional advice. If a recommendation has not been carried forward, keep the source and omission visible.
4. Keep the current final EHCP identifiable
The Children and Families Act 2014 places the duty to secure the special educational provision in the maintained EHC plan on the local authority. The review meeting and amendment notice do not, by themselves, replace the current final plan.
Schools may add support while the process runs, but should record it separately. Staff must still know which EHCP is final and which changes remain proposed.
5. Check the final plan as a fresh document
When the final plan arrives, compare it with the notice and review evidence. Confirm that changes landed in the right sections. Retire the previous plan from everyday use without deleting its history, then update review dates and staff-facing records. Our SEND records access matrix explains who should see what.
What record should the school keep?
A compact amendment record is enough if it is maintained. Keep:
- the annual review meeting date;
- the report sent date;
- the decision and amendment-notice dates;
- the representation and final-plan deadlines;
- the family's response where appropriate;
- the school's supplementary evidence;
- the final amended plan and issue date;
- the person updating school records and staff.
Link that record to the evidence pack rather than duplicating every report. Our annual review workflow covers the meeting and recommendation stage. This article covers the handover from recommendation to amended statutory plan.
MeritDocs brings SEND documents, versions, review context and lifecycle state into one governed workflow. That makes it easier to keep the current final plan distinct from the review report and proposed amendments, while preserving the history staff may need later.
What if the local authority misses the deadline?
Send a dated, specific follow-up stating the meeting date, what the school supplied, which step is overdue and what is required. Copy the family where appropriate and keep the correspondence with the review record. A delay does not give the school power to issue an amended EHCP.
Families can seek impartial help from their local SEND Information, Advice and Support Service. IPSEA's amendment guidance also explains the response stage and offers a template for objections. Schools should avoid presenting their own explanation as legal advice.
Frequently asked questions
Is an amendment notice the same as a draft EHCP?
It is the formal proposed-amendment stage. The local authority sends the existing plan with a notice specifying proposed changes and the supporting evidence. It is not the final amended plan.
Does the school have 15 days to respond?
Regulation 22 gives at least 15 days to the parent or young person. A school can provide evidence or raise concerns, but it should not treat the family's consultation right as a school deadline that the setting controls.
When is the next annual review due after an amendment?
The SEND Code says the next review remains due within 12 months of the original plan or the previous review, not 12 months from the date of the amended plan. Keep the review date visible rather than resetting it automatically. Our guide to keeping SEND review dates current explains the school-side control.
The handover is complete only when the record changes
Track the dates, compare the wording and keep the evidence attached to the decision. When the final amended EHCP arrives, make sure staff stop reaching for the superseded plan.
MeritDocs supports that handover by keeping current documents findable, review dates visible and version history available. The aim is simple: staff should know which plan is final, what changed and what they need to do next.
Sources and methodology
This article was checked on 15 September 2026 against the SEND Regulations 2014, SEND Code of Practice, L v Devon County Council, an Ombudsman decision and IPSEA guidance. It explains the school-side workflow and is not legal advice.