ANNUAL REVIEWS

An EHCP has to be reviewed annually. These meetings are called Annual Reviews (AR) and usually take place in the educational setting. However, since Covid, those meetings often take place virtually, especially when many parties are invited. For those who are not educated in a setting, this meeting sometimes take place in an agreed location (home address, library…).

However, the 1st Annual Review (after the issue of the 1st Final EHCP) must take place 10 months after the issuing of this 1st Final EHCP.

An AR can take place before the anniversary of the last review if needed. For example, an AR can take place if parents/school feel the EHCP needs to be updated urgently (there may be new diagnosis, new needs that means the EHCP is no longer accurate), or if a change of placement is deemed necessary. These meetings are called: Early Annual Reviews (some schools call them Emergency Annual Reviews)

ARs tends to last around 1 hour (60 minutes) and a look/discussions around the SEN Provision as listed in Section F of the EHCP takes place. the child/young person’s views are sought, as well as parental/carers views. In addition, the EHCP is also looked at and amends can be requested at that meeting. However, please do remember those amends are requests only. The LA has the final decision as to whether those amends are appropriate and necessary. This is the main reason why evidence is key at those meetings. All amends requested must be backed up by evidence from the school or medical reports if these are Health related. The same applies for Social Care amends.

EVIDENCE IS KEY – This is the root cause of the LA’s decision not to amends EHCP as per the requested amends. Some schools lack evidence/paper trail as they believe they are doing everything they can. They may be… but no evidence results in many issues when it comes to EHCP processes. Please bare in mind that the EHCP process is evidence based… throughout the whole life of the EHCP.

Following the Code of Practice, the LA are decision makers and there are 3 decisions they can make:

• No amends/No change – the EHCP remains accurate and can meet needs. the Placement remains accurate and can meet needs.
• Cease – the child/young person has met all their outcomes and no longer require an EHCP
• Amends – the LA will then issue an Amended EHCP with amends from the AR (based on evidence provided to them)

If parents/carers do not agree with the decision taken by the LA, there is a right of appeal at every decisions made.

PHASE TRANSFERS

Phase Transfers with Children/ Young Persons with an EHCP is different than for children without an EHCP. Parents without an EHCP must apply through normal admissions by a certain date and are then given a school for their children, based on location, availability and sometimes criteria (i.e. selective schools). Parents can appeal this decision and go on waiting lists.

For children with EHCP, the process is different as The LA are bound to name a school that can meet the children’s needs. The process is as follows:

• The LA send out a form for parents to complete, usually entitled ‘Young Persons / Parental Preference Form for Phase Transfer’. Parents and Young Persons are asked to name a couple of schools (numbers vary dependant on LAs).
• The LA then initiate a Consultation process in advance if the September start. The date/time this process starts depends on the LA, however this is usually started in the Autumn Term.
• The LA have to name a school in Section I of the EHCP and there should be two names (current and from September)

• An EHCP will need to be issued by a deadline. This deadline differs depending on the NCY. There are 2 deadlines:

• 15th February for those in either
  • Preschool/Nursery (going into Primary School – Reception)
  • Infant School to Junior School (going from Yr 2 to Yr 3)
  • Primary School to Secondary School (going from Yr 6 to Yr 7)
• 31st March for those in Post 16 (from Yr 11 onwards)

When The LA consults with schools, they share the child / Young Person’s EHCP along with either the last AR or/and last reports available. These are the evidence the schools have to make their decisions on whether they are suitable placement and whether they will offer a place from September. Some schools with make contact with parents, some will require an assessment to take place before making a decision… These are all school dependant.

The LA will then gather all responses and make an informed decision.

The LA has a duty to name a suitable school, and will consult with more schools than those listed from parents if they feel is necessary. This is usually due to either cost to the LA, distance from home address or unsuitability of the preferred schools. Alternatively, it could be due to the fact preferred schools cannot meet needs and The LA are then looking for suitable schools.

in some instances, Final EHCPs do not name a school by the LA can describe type of school being searched, i.e. Mainstream or Special

When the Final EHCPs are issued, Parents are given their right of appeal. They have 2 months from the date of issue to initiate the Appeal Process.