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 can ask the Tribunal to treat the new EHC plan as a working document in the current appeal, rather than registering a new appeal. The SEND Tribunal may decide that you should submit a new appeal and ask for the appeals to be consolidated (joined together), so be careful not to miss your deadline for obtaining a mediation certificate and appealing. 

Please see our information on working documents for more information.