Annual review in year 11

[KOKOagainandagain]

I'm aware that year 11 is a phase year transition to post 16 and that there are statutory deadlines - review of EHCP should begin in autumn term so that plan naming provision is finalised by 31 March.

DS2 is in year 10. LA want to arrange early AR now. Not been requested by parents, placement etc. Was recommended at last review (July 2020) because he was going to transition from internet to brick school but in the end didn't due to coronavirus.

What's the point of early AR now (for no reason) and how would this impact on AR starting in autumn?

He receives PB which covers fees for internet school and LA are saying PB panel won't agree PB for year 11 unless there is early AR.

But there was no AR in 2018 or 2019 and panel agreed PB.

We had AR in 2020 because of potential change of placement but EHCP was not updated with latest progress data (completed relevant forms) and moving into adulthood plan was not done. LA didn't amend EHCP at all and just reprinted one finalised in 2018. Still the panel approved PB for year 10.

We can submit all the supporting evidence to panel for PB for year 11 and then focus on reviewing and amending EHCP for post 16.

Do LA or PB panel have the legal right to call AR?

Do the LA have to carry out review and amend process in year 11 even if they have just done early review?

I would be deeply suspicious.

Normally, if an early review is held an AR won't need to be held for another year. If the review takes place after 31st March I don't think another AR has to be undertaken before the post 16 EHCP is finalised.

Legally, annual reviews must be held at least every 12 months (section 44(1) CAFA 2014.

The LA can amend the EHCP (section 28 SEN regs 2014. SENCOP 9.193-9.198) at anytime without a review or reassessment. If they do this the AR needs to be within 12 months of the original EHCP not the new amended version. The LA can also reassess needs whenever they think it is necessary (section 44(3) CAFA 2014). So, although I'm not aware of it being explicitly stated LAs can call an early review it wouldn't be a leap for it to be allowed.

Deep suspicion is my default where the LA are concerned.

Sorry for being a bit slow on the uptake but are you saying that if we had a review now it would be the last chance to focus on the support he would need in year 12?

Whilst he will continue at internet school for year 11 he will transfer for A level and at this point we have not explored different options. Before the year 11 review we planned to visit and research courses in more depth and for the relevant staff to also attend the meeting. And for the chosen institution to be named not just the type of placement.

If you had a review tomorrow it wouldn't be acceptable to use it as the transfer of phase review, another would be needed because a review needs to be held within 12 months of 31st march in Y11. However, if the review was 1st April then it could be used as the transfer of phase review.

From SENCOP
However, an EHC plan may need to be amended at other times where, for example, there are changes in health or social care provision resulting from minor or specific changes in the child or young person’s circumstances, but where a full review or re-assessment is not necessary.

So I'm assuming that there is a limit to what an LA can amend without an AR being seen to be necessary - basically any of the non-statutory bits that can be appealed anyway.

So the LA could update views (Section A) using the info submitted in July and add the moving into adult report (Section E) they should have done last time and advice received (Section K) without the need for AR? Then we can have a full review in the early autumn term during year 11 ready to transfer to post-16?

can't be appealed

Whilst that is what the SENCOP states neither the CAFA 2014 or SEND regs 2014 are as specific.

They only go as far as stating "Amending an EHC plan without review or reassessment 28. If, at any time, a local authority proposes to amend an EHC plan, it shall proceed as if the proposed amendment were an amendment proposed after a review."

So legally I don't know whether the LA are limited in what they can amend without a review. IPSEA or SOSSEN should know.

Yes, I think you could do the last paragraph.

So had a conversation with LA today and they are saying we need to defer to PB panel - if we want funding for year 11 internet school we have to have early AR. Because they want an up to date EHCP. PB was agreed in year 8, 9 and 10 without an updated EHCP. But apparently criteria have changed. They could have amended and updated ECHP last July but chose not to do so.

They also let slip that the next AR would be a year from now and so no hope of being finalised by 31 March of year 11.

My understanding was that a DC with an EHCP was entitled to apply for PB and that the panel could request additional information in support. Not that the panel could insist on early AR.

What to do? Should I contact SENDIASS?

Instead, or as well as, try to contact IPSEA or SOSSEN. SENDIASS can be brilliant, but they aren't all and receive LA funding so will ultimately toe the party line.

I imagine a review organised now will be held after 31 March so could be used as the transfer review, although not ideal. Make it clear if the deadline isn't met you will go to JR.

Can you do a FOI request for the criteria to check they aren't using blanket policies? If the LA can amend the EHCP anyways (as the CAFA and SEN regs aren't specific. The irony!) it doesn't really matter whether they hold a formal review or not, the outcome would be the same.