Q:
Timing of annual reviews (s44 CFA2014). Is it correct that an annual review should be 12 months after the date an amended EHCP was issued (following a tribunal appeal)?
s44 CFA2014 requires an EHCp to be reviewed within 12 months of being issued and then within 12 months of the date the EHCp was last reviewed.
The last review of my 9 yo daughters EHCp was/was completed on the 1st July 2022. We appealed to the FTT who ordered amendments to the EHCp, and the amended document was issued on 30th April 2023. The LA now claims that the next s44 review must be completed by 30th April 2024 and not 1st July 2023 as s44 requires.
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30 May 2023
A: SenseCheck
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- 30 May 2023
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No
Simple
No. The regardless of the appeal to the FTT and the amendments made it still means that the next s44 review has to be completed by 1st July 2023 (12 months after the previous review). The process of reviewing and EHCp is detailed in The Special Educational Needs and Disability Regulations 2014 and the FTT plays no part in this process.
Sean Kennedy
Talem Law
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Comment