Discussion Forum

We currently have a matter which is currently under appeal [BFI appeal].

An annual review took place and final amended plan issued.

Following the annual review, parents also made a request for a statutory reassessment, however, the LA had significantly deferred their consideration and response to this and parents appealed the plan following annual review and the Tribunal registered the appeal.

Prior to the Tribunal registering the appeal, the LA then also agreed to a statutory reassessment.

As such, we now have a statutory reassessment [which leads to a fresh right of appeal] and a Tribunal appeal going on at the same time. The is also an upcoming annual review deadline and there may end up being 3 workstreams going on at the same time.

I will be grateful for any views on this and my apologies if the answer is glaringly obvious -

1. We have advised that the statutory reassessment process continue as this is a distinct process, separate from the Tribunal and the LA have a duty to do this where it has agreed to do so– is this correct? And if so, following the issuing of a final plan, what happens to the plan under appeal?

I am concerned that there cannot be two final EHC Plans however, am not sure how this works in practice?

Will the statutory reassessment plan be utilised as the WD in the current Tribunal? Parents want us to use the plan in appeal to frame the statutory reassessment, however, I am conscious that a statutory reassessment is treated the same as a first assessment and have indicated that this cannot be the case.

A further concern is that a statutory reassessment gives rise to a fresh right of appeal - could parents appeal new plan and then appeals then be consolidated?

We have asked parents to consider staying the current appeal pending the statutory reassessment process, however, they have refused this and wish to proceed with both.