Appealing Following an Annual Review

The Children and Families Act 2014 says:

A local authority must review an EHC plan that it maintains—

 

(a)in the period of 12 months starting with the date on which the plan was first made, and

 

(b)in each subsequent period of 12 months starting with the date on which the plan was last reviewed under this section.

 

(Section 44)

You may also find it helpful to look at our information about appealing the contents of the EHCP plan. 

Following the annual review, you can appeal when you disagree with the local authority decision...

• not to amend the plan
• to amend the plan (and you disagree with some or all of the proposed amendments) 
• to cease to maintain the plan*

*For 'cease to maintain' appeals, the provision in the EHC plan continues pending the hearing and outcome, and this includes continuing to attend the school or setting named.

It is important to fully understand why the local authority reached this decision. It is always a good idea to continue talking to the local authority about your concerns or any questions you have.

These discussions will help you decide whether to appeal and if you do, will be key when building your case.

Before appealing you must firstly consider mediation, this can be really useful for example where:

• you have some additional information or a new report you would like to share with the local authority.
• the local authority have omitted to include information gathered during assessment
• you believe further assessment is necessary (you could request re-assessment, which may avoid you needing to appeal)

It is possible during ongoing discussions or through mediation, the local authority will agree to amend the plan or arrange further assessment, therefore avoiding an appeal.

Keep in mind that the law says the local authority must consider progress towards outcomes when reaching their decision, and that they must consult with you, your young person and the setting. It will be important to outline in your appeal if you believe they have not taken these duties into account.

Where you disagree with the proposed changes your appeal needs to explain and evidence your reasons.

Where you disagree with the local authority's decision not to amend the EHC plan, consider how you can show what progress, if any, has been made towards the outcomes. Though you cannot appeal outcomes they are relevant when an EHC plan is being reviewed, as statutory guidance points out:

The SEND Code of Practice 2015 says:

Reviews should consider the continuing appropriateness of the EHC plan in the light of the child or young person’s progress during the previous year or changed circumstances and whether changes are required including any changes to outcomes, enhanced provision, change of educational establishment or whether the EHC plan should be discontinued.

 

(9.167)

Supporting evidence

See below for some examples of supporting evidence...

• Your child/young person's views
• EHC plan
• Annual review paperwork
• Changes to your child/young person's needs, for example any new diagnoses, assessments or escalating behaviours
• Progress reports
• One Plan, IEP/support plan/pupil passport/provision map
• Home/school diaries
• Assesment/specialist reports - provide copies of anything new
• Exclusion letters/reports
• Letters/emails from setting/local authority/health/specialist
• Examples of school or homework (can be helpful where rate of progress is in dispute)
• You can request a copy of your child's school record (you will likely be charged for photocopying)

Where you disagree with a professional report or recommendation, if finances allow you could explore private assessment. Where views of professionals differ each is given equal weight at tribunal. 

Consider the local authority view

Find out why and how the local authority reached their decision, and use the opportunity to explain your reasons for disagreeing. Point to evidence where you can and provide copies of emails, letters and reports with highlighted sections to help you explain.