FAQs - victaparents.org.uk

Q: What is the Annual Review?

This is a process which must occur annually for pupils with an EHCP. The Annual Review process is commenced in a meeting forum with the purpose of reviewing the pupil’s progress over the preceding 12 months and to assess the adequacy of the support package the pupil is receiving and whether there is any need to change any content in the EHCP. The Annual Review meeting is normally arranged (and takes place) at the pupil’s school. The Local Authority and other agencies involved with the pupil are invited to attend/ contribute to the meeting. Discussions will surround issues like what has worked well for the pupil what has not been so successful and what the pupil is expected to achieve in the next 12 months. The School will usually produce minutes of the meeting and must produce an annual review report which it must then send to the Local Authority for consideration. Thereafter the Local Authority considers the documentation provided by the School and must issue a decision within 4 weeks; either proposing to amend the EHCP or propose to maintain it in its current form i.e. refusing to amend the Plan. If the LA decided to refuse to amend the Plan, this must be sent in writing and give the Parent a right of appeal to the SEN Tribunal against this decision. If the LA decided to amend the Plan, it must also communicate this in writing and then issue a proposed amended Draft Plan detailing the Proposed changes, offering the Parent an opportunity to make representations, before issuing it in Final form.

Q: What if I'm unhappy with the final plan?

Even if you have raised your disagreement to the Plan at Draft stage, the LA may not have accommodated all/any of the changes you requested. The LA will issue your Final Plan but, if you are still unhappy with Sections B, F and/or I, you should, on issue of the final Plan, exercise your right of appeal to the SEN Tribunal. Any appeal needs to be lodged within 2 months of receiving the final EHCP or within one month of receiving a mediation certificate, whichever is the later,. The Tribunal has the power to determine the content of Section B, F and I.

Q: What if I'm unhappy with the draft plan?

When an LA first prepares an EHCP for a child/YP (or amends it at any subsequent point) it must issue it as a Draft Plan. On issue of a Draft Plan, Parents/ Carers must be given 15 days to make representations on the Plan. This can be done in writing, or a meeting can be requested. If you are unhappy with any of the content, this would be the time to first raise it with the LA. You should respond with details of the information that you want added, changed or removed. It would be advisable to provide details of why you want this changed i.e. identify the evidence your request is based upon.

Q: What type of school can I name in my child's plan?

Parents/Carers of a child or YP with an EHCP have the right to ask for the following types of schools to be named in the Plan (Section I): A maintained school or nursery (mainstream or special) An academy An FE placement Non-maintained special school A s.41 placement i.e. independent special schools which have ‘opted in’ to be able to be requested by parents