EHCP emergency review while in appeal

[weararedtshirt]

A new EHCP was issued before the end of term in the summer, without a full review, only changing I for September- I said the school was unsuitable, was the LA overrode me. The school now agree (a few weeks in) and want to call an emergency review.

The LA insisted I appeal the EHCP- literally insisted.

The LA say that as there is a 'live appeal', they cannot do an emergency EHCP review, and there's nothing they can do. Annual review would have been due before the tribunal, but as they re-issued with no changes other than I, I guess the annual review date will also be pushed to next Summer? Tribunal isn't until next Summer.

Is this true? That an emergency review cannot take place while an appeal is ongoing?

The LA is incorrect.

They can hold an early review.

They must hold a review at least annually. This doesn’t change because you are in appeal.

The LA should have followed the correct review process when amending section I. While the LA can sometimes propose to amend without a review, any such proposed amendments should proceed as though they were proposed following a review (section 28 of the SEND regs 2014) and amending section I is too major an amendment to amend without a review. Amending without a formal review doesn’t change when an annual review must be held. This is set out in 9.193-9.198 of the SENCOP.

Dego incorrect we are tribunal in June 2025 and have an emergency review on the 25th of this month

Incorrect, you can call an emergency annual review any time. However you have no right of appeal if things don’t go your way.

They did relent. Thank you.

They didn't turn up for my emergency review today

Hi, I am in the same situation. I have appealed curre t plan and I’m waiting for the tribunal (scheduled in 2026) and I have called an emergency if ehcp review on the meantime.
The local authority is saying there is restrictions to the amendments we can do because of the appeal process. Is that true?
Does anyone know where can I find the law related with this?

The amendments proposed as a result of the review can feed into the WD process.

Sorry what is WD process?

WD = working document.