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 your LA issues a new amended EHC plan after the annual review, this new EHC plan is valid and enforceable and replaces the plan that has been appealed. If there are still parts of the EHC plan you are unhappy with, you should submit a new appeal (unless the Tribunal was aware that a new EHC plan was going to be issued and has advised you otherwise).  Section 14 of the SEND35 Appeal Form asks for details of any other appeals, and you should provide the appeal number of the existing appeal there. Once the new appeal has been registered you can use the SEND7 Request for Changes form to ask the SEND Tribunal to consolidate (join together) the appeals, if it hasn’t already done so.