Annual Reviews of Statements of Special Educational Need

Annual Reviews of Statements of SEN are a key process in ensuring that the needs of some of our most vulnerable children are being met. The annual review provides an opportunity to review a pupil’s progress against the objectives set out in their statement. It is also important to ensure that the pupil’s special educational needs continue to be accurately described in the statement and that the provision made to meet the needs and objectives is appropriate.

There is clear statutory guidance in Chapter 9 of the SEN Code of Practice as well as sound advice in Section 9 of the SEN Toolkit.

Parents and the pupils themselves are key participants in the Annual Review process and it is vital that their views are ascertained and considered.

The expectation is that all children will take part in their Annual Review, at a level appropriate to their age and developmental level. There is clear guidance as well as suggestions for how this can be achieved in the SEN Code of Practice and Toolkit.

It is particularly important that parents are given adequate notice of the date of the review meeting and the opportunity to prepare their views in advance.

There has recently been a successful Disability Discrimination Appeal where there was delay setting up the Annual Review. The tribunal found that the delay and confusion in setting up this meeting constituted less favourable treatment relating to the child’s disability because the delay would not have happened for a pupil without a disability.

This decision has considerable ramifications for schools since virtually all children with statements are covered by the definition of disability. The main point is that, timely and clear communication about meetings is essential. There are clear procedures in the sections of the SEN toolkit and Code of Practice.

Schools are reminded that the Report for the Annual Review Meeting should be send to parents and all other invitees at least 2 weeks before the date of the meeting and that the completed report should be sent to County Hall within 10 days of the date of the meeting or the end of term, whichever is the earlier date. The report must be signed and dated by the Head Teacher.