The local authority is responsible for informing the school or college, at the beginning of term, that an Annual Review is due. The school or college is then responsible for setting up the meeting and inviting everyone.
Prior to the Annual Review, professionals involved with the child or young person should be asked to provide their views about whether the Statement or EHCP needs to be changed. Parents and the young person should also be asked to give their views.
The conduct of the meeting will very much depend on the school, college and local authority. The meeting should discuss all points of concern, any proposed changes and discuss whether the Statement or EHCP is still needed.
After the meeting, the head teacher or principal of the school or college will write a report to the local authority setting out points discussed and recommendations. The local authority will then decide whether or not to accept those recommendations.
If the Statement of SEN or EHCP needs to be changed, the Annual Review is a perfect time to raise your concerns. It is an opportunity to discuss with the school and local authority the changes sought and to find out what their opinion of those changes are.
Preparing effectively for the Annual Review, and providing detailed representations about the changes sought, can prove to be very effective. It can result in a Statement or EHCP being changed without having to appeal to the Special Educational Needs and Disability Tribunal (SENDIST).
Following the Annual Review, the local authority will decide whether to amend the Statement or EHCP. It will also decide whether the Statement or EHCP is still needed.
Once the local authority takes a decision it will write to the parents and the young person. It may also provide an amended Statement or EHCP. Once you receive the local authority’s final decision you will have a right of appeal to the SENDIST.
If you would like to discuss your case then please contact us at [email protected] or call 0800 884 0723 – our specialist SEN solicitors are here to help.
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