Q:

Do I need to take a solicitor with me to the EHCP interim review?

Sara Smyth

Sara Smyth
SEN Mum
28 Jul 2021

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A: SenseCheck

  • 1 Yes
  • 1 No
  • 1 Other

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  • 19 Mar 2023
  • Yes

    Simple

    The answers are very helpful, and I know this may sound pedantic, but as far as I am aware, the terminology 'interim review' is not used with the current SEN framework. That said earlier than expected review meetings are certainly possible and are the same thing. 

    What is useful in relation to 'interim reviews' is what the 2001 COP said about them:

    Interim Reviews 9:44 Where a school identifies a pupil with a statement of special educational needs who is at serious risk of disaffection or exclusion, an interim or early review should be called. It will then be possible to consider the pupil’s changing needs and recommend amendments to the statement, as an alternative to the pupil being excluded.

    This remains very useful guidance in my opinion. 

    Sean Kennedy

    Sean Kennedy
    Talem Law

  • 19 May 2022
  • Other

    Complex

    No rule.:

    I very much agree with Guv's answer. It really depends on the issues and what you hope to achieve from the meeting. Most families cannot afford to fund a solicitor to attend meetings. What's important is to understand the annual review process and make sure you have prepared beforehand, particularly if you are asking for any changes to be made to the EHCP. IPSEA have some really useful resources on the annual review process:
    https://www.ipsea.org.uk/the-annual-review-p…

    Polly Sweeney

    Polly Sweeney
    Rook Irwin Sweeney LLP

  • 04 Aug 2021
  • No

    Other

    No, not necessarily. It is entirely up to you and what will make you feel more comfortable.
    You may want to consider your relationship with the school and how best to maintain it. Schools can sometimes feel quite defensive when it comes to solicitors as they see us as litigious. So it may be better to attend alone and ensure you take notes during the meeting.
    Or if you wish take a solicitor along, make sure that the school are aware of the role that they will play in the meeting. If I am asked to attend these meetings, I will ensure that the school know that I am there to help facilitate the meeting and explain the legal process. This often puts them at ease.

    Guv Samra

    Guv Samra
    Shoosmiths