If you have an Education Health and Care Plan or an Individual Development Plan they require ongoing monitoring and review as children’s needs and the provision to meet those needs will change very quickly over time and as they move through the phases of their education. That is why the law requires a review at least every 12 months to ensure the detail remains relevant and of course helpful. The Annual Review is a good opportunity to raise concerns, suggest amendments, or ask questions. The Annual Review can be scheduled earlier if necessary and therefore parents, schools or the Local Authority can request the Plan is reviewed earlier if there are issues which need addressing prior to the normal Annual Review. You can request one at any time if you have concerns about your child’s progress, the provision they are receiving or about the placement.
Once a meeting is requested the school will make the formal arrangements making sure that the meeting is convenient for all parties particularly the parents. The Local Authority may attend but they do not have to. The school will generally deal with the meeting and should provide all reports and advice at least two weeks prior to the meeting date for the Annul Review.
The meeting will take place and all interested parties will give their comments. Parents can be supported by their experts in person but generally rely on reports.
The meeting will generally discuss the child’s progress and whether the outcomes have been met. Consideration will be given to the evidence and changes to the child’s need or the provision may be required and whether to amend the outcomes or not. The educational targets will also be considered. It may be that the placement is not working and that is discussed in more detail in the meeting. Attention will be given to the expert reports or recommendations.
Once all the evidence is considered the school will prepare a report and send a copy to the Local Authority within 10 working days. This will also be sent to all those attending the meeting.
The Local Authority will consider the report and decide whether they will make any amendments to the Plan. If a child has an EHCP they must make their decision within 4 weeks of the meeting and inform the parents. If they decide to amend then you will receive a draft copy of the Plan. You can make representations in relation to the amended Plan. The Local Authority must send a final version of the Plan within 8 weeks of the meeting.
If you disagree with the amendments or lack of changes then you can appeal to the Special Educational Needs and Disability Tribunal or the Education Tribunal for Wales.
This is the general procedure and the finer detail will differ slightly depending on whether you have an Educational Health and Care Plan or an Individual Development Plan. Please contact us now to provide support and guidance with the Annual Review process.
