Annual EHCP review didn't happen: what next?

[notaflyingmonkey]

DS(17)ASD is going through a mental health crisis, caused by anxiety which has got worse over the last 6 months or so, and his behaviour because of it has got him suspended from 6th form. I've been going back over the communications between myself and college during that time, and in particular where I have asked for their support with his access to learning and noticed that the Review meeting didn't happen when it should have in May this year. They gave me less than 24 hours notice of the meeting, and said it was no problem if I couldn't make it as they would rearrange. I couldn't make it due to the short notice, and so expected that they would rearrange. Apparently they have been too busy since, and have said the onus was not on them to do so.

My understanding is that arranging the Review meeting is delegated to the educational institution by the LA. I have contacted the LA to raise this with them, and have not heard back.

Does anyone know where this now leaves us?

Bump for your thread.

Thank you missmouse

Write to the LA, point out that by law the AR was supposed to happen within 12 months of the last one and they are therefore in breach; point out that this is all the more urgent in light of the current situation and ask them to contact you within a week with arrangements for the AR failing which you will have to consider judicial review proceedings. It might be useful to give them a few dates when you (and your son, if he is up to it) are able to attend, allowing around three weeks so that they can gather reports and circulate them.

If they don't respond you may need to get a formal pre-action letter sent. SOS SEN can usually help with that and say that they have a very high success rate.

Thanks miscible