Yes.

In the case of appeals about the contents of EHC plans, it is possible that an annual review will take place before the appeal is concluded. This is because an annual review must take place within 12 months of the last review, or of the date the EHC plan was first issued, and this is not affected by an ongoing appeal.

The annual review could be an opportunity to try and resolve some of the issues in dispute. If your LA issues a new amended EHC plan after the annual review, this new plan is valid and enforceable and replaces the plan that has been appealed. If there are still parts of the EHC plan that you are unhappy with, you can ask the SEND Tribunal (using the Request for Changes Form (SEND 7)) to treat the new plan as a working document in the current appeal, rather than registering a new appeal.

Please see our information on working documents for more information.