@ZairWazAnOldLady if you request an early review and the LA agrees to hold one, the review process runs just like the normal annual reviews. So:
- Updated advice and information must be circulated at least 2 weeks prior to the AR meeting. (Although if they are ready and information is sent out, some parents decide to forgo needing the whole 2 weeks, especially for early reviews.)
- Then you have the AR meeting.
- Within 2 weeks of the AR meeting, a report must be circulated.
- Within 4 weeks of the AR meeting, the LA must inform you if they propose to amend or not. If they propose to amend, they must send the amendment notice/draft/notice of amendment/proposed amendments (whatever the LA/you want to call it) at the same time. You must be given at least 15 days to comment on the amendments and state your preferred placement. In the draft, section I must be blank. It must not name a type of placement or specific placement.
- Then, if the LA is going to amend, they must finalise within 8 weeks of sending the proposed amendments, so max of 12 weeks from the AR meeting. They may or may not have agreed your proposed amendments. They may or may not name your preferred type of placement/placement in section I.
If the LA intends to amend, they will send consultations out somewhere between 3 and 5. Yes, they don’t always wait for your preference or comments on the proposed amendments. This is why it is a good idea to proactively contact placements who have or may be consulted to ensure placements have accurate information.
If the LA amend, that EHCP is then in force and the provision must be provided until it is subsequently amended at a later date; be that this year, next year or further in the future. Realistically, you wouldn’t be able to move to enforcement straight away.
The bulk of the provision should be in place within 5 weeks.
If the LA maintains as is, you will get the right of appeal at no.4. If the LA amends, you will get the right of appeal at no.5 when they finalise the amended EHCP.
Panels may or may not be held at different points during the process. It doesn’t change the timescales. Just because the LA claims it goes to panel doesn’t necessarily mean it does or that the panel is what you are imagining. Sometimes LAs hide behind ‘panels’. Aan MN’er once caught her LA out with a FOI request showing the panel they claimed made a decision didn’t exist.
@drspouse yes, you can appeal for an independent school. For wholly independent schools, you would need them to agree to being named and to show the LA’s proposed school(s) can’t meet needs &/or it isn’t unreasonable public expenditure.