Sen: aibu - will an early annual EHCP review thwart chances of going to the sendist tribunal?

[LumpenProle1]

I need to go to the sendist tribunal and challenge section I (the named school) of the EHCP. Child is having a hard time coping at mainstream primary and council says that medical school might be possible but council will need to hold an early annual review, in order to make a referral. The last EHCP was only issued a week ago.

Aibu to think that if they go through a whole annual review process now and produce a new EHCP, I will have to wait for this to be completed and this will thwart my chances of challenging the ehcp with the sendist tribunal?

I cannot find any advice line or SENDIASS where people have capacity to even return phone calls right now.

You can go to appeal with the current EHCP. Them starting another review woudn't stop this right.

Appeal B&F as well as I as they will be written to support the school the LA have named in I. Don’t bother with mediation, LAs use it as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate and submit to SENDIST.

You can appeal now, you don’t need to wait. The review process can continue to run alongside - although the LA don’t need to hold an early review in order to provide medical needs provision. If DD can’t attend school full time the LA must provide alternative arrangements to ensure DD receives a suitable, full time education. This provision should begin once it becomes clear DD will miss 15 days. The days don’t need to have already been missed or consecutive. Anything specified and quantified in F of the EHCP must be provided too.

Be careful with SENDIASS. Some are good, but too many aren’t and repeat the LA’s unlawful policies. Keep trying with IPSEA and SOSSEN advice lines.

You have an appeal window so use it. You can still hold the early annual review.
I did this a couple of years ago. Received the final in March, annual review in April and then submitted the appeal paperwork in May (I had to wait until then as I needed the school I wanted to offer a place as it was not section 41).

SOS SEN hold in person advice clinics, worth checking if there’s one near you.