The annual review is due, but we’re involved in an ongoing appeal to the SEND Tribunal about the EHC plan. How does this affect the process?

The annual review must take place within 12 months of the last review, or of the date the EHC plan was first issued. This is not affected by an ongoing appeal. As such, the annual review needs to take place.

The annual review could be an opportunity to try and resolve some of the issues in dispute. If the LA issues a new amended EHC plan after the annual review, this can be treated as a working document in the current appeal, rather than the parent having to register a new appeal.