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Do i have to submit an annual review final EHCP to the tribunal during an appeals process?
We are currently midway through an appeals process with the LA over the addition of specialist provision to my child's EHCP. We are currently on working document version 5, and there have been numerous changes and additions to sections B & F agreed by both parties; however, the appeal continues as the LA will still not put the specialist provision into the EHCP.
The problem is we have also just had an annual review. The LA issued a draft, and then a final plan, with none of the changes currently agreed upon in the appeal. They changed a lot of section A, but otherwise, the final annual review EHCP is the same as the EHCP we are appealing from the previous year (i.e. the same as working document version 1).
Do I need to submit this new Final Annual Review EHCP to the tribunal (using the Send7 form as the IPSE website suggests), or can I just ignore it and carry on discussing the Working Document version 5 with the LA, as that is the most relevant document with all the changes agreed so far?
If the annual review final EHCP is included, it would be like taking the Working Document back to revision 1 and starting again, but I’m scared that once the appeal is finally done, they will use this new annual review final EHCP to overwrite my appealed EHCP and remove the provision I have spent a year trying to add. All the information on the internet only seems relevant if you want to add the annual review EHCP to the appeal, but in this case, I don’t. I just don’t want to give the LA another weapon against us.
Thank you for any help you can give. -
12.30 Are there particular rules about reviews/appeals?
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12.29 Does a CCG have a right to be a party where the FTT is considering health care provision?
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12.28 Does a health or social care recommendation have to have the same level of specificity as special educational provision in Section F?
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12.27 Can you enforce an FTT recommendation that health or social care provision is specified in an LA?
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12.25 Can one party be ordered to pay another party’s legal costs following an FTT appeal?
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12.22 Does the FTT have to give reasons for its decision?
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12.06 Does the FTT just decide who is correct?
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12.01 Are parents still the people to bring an appeal when it comes to an over 16?
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Can you pass on any advice to parents who are attending Tribunal to make it less stressful and help them be prepared?
