EHCP phase transfer deadlines for 2026: what parents and carers need to know

What is a phase transfer?

A phase transfer happens when a child or young person moves from one key stage of education to another. The most common examples are moving from primary school to secondary school, and moving from secondary school into post-16 education such as a sixth form, college, or specialist provider.

Where a child has an EHCP, the law requires that the plan is reviewed and, where necessary, amended before the move takes place. This is known as a phase transfer review. The purpose of the review is to ensure that the EHCP accurately reflects the child’s current needs, sets out the provision they will require in the new setting, and names the school or type of placement they will attend from the following September.

Without a lawful and timely phase transfer review, children can be left without appropriate support, or placed in settings that are not able to meet their needs.

Why the phase transfer deadlines are important

Phase transfer deadlines are set out in law under the Children and Families Act 2014 and the SEND Regulations 2014. They are statutory deadlines, which means local authorities must comply with them. They are not guidance, targets, or best practice expectations, and they cannot be extended because of workload pressures, staff shortages, or delays within the system.

The purpose of these deadlines is to make sure that children and young people with Education, Health and Care Plans do not experience disruption when moving between phases of education. Schools and colleges need time to prepare properly for a child’s arrival, particularly where specialist provision is required. This may include arranging staffing, training, therapies, equipment, or reasonable adjustments, all of which take time to put in place.

The deadlines are also critical for families because they protect the right to challenge decisions. Once a final amended EHCP is issued, parents or young people can appeal decisions they disagree with, including the school or placement named and the support set out in the plan, to the First-tier Tribunal (Special Educational Needs and Disability). If the EHCP is issued late, appeals are often pushed into the summer months, which significantly reduces the likelihood of a dispute being resolved before the new school year begins.

When deadlines are missed, children can start a new phase of education without clarity about where they should be educated, or without the support they need in place. This can be distressing for families and destabilising for children at an already challenging transition point.

Phase transfer deadlines for 2026

For children transferring from primary school to secondary school, the local authority must issue a final amended EHCP by 15 February 2026. This document must name the secondary school or type of placement the child will attend from September 2026 and must reflect their needs as they will be in that new setting.

For young people transferring from secondary school into post-16 education, including sixth forms and colleges, the deadline is later. In these cases, the local authority must issue the final amended EHCP by 31 March 2026, naming the post-16 placement or type of provision.

These deadlines apply regardless of whether the local authority is experiencing delays, high caseloads, or administrative difficulties. The responsibility for meeting them rests with the authority, not with the school, college, or family.

How long does an EHCP last?

An EHCP can remain in place until a young person reaches the age of 25, provided they continue to be in education or training and still require the special educational provision set out in the plan. There is no automatic end point at 16 or 18.

An EHCP will usually come to an end if a young person moves into higher education, such as university, because universities are governed by different legal duties under equality legislation rather than the EHCP framework. If a young person leaves education or training altogether, the EHCP should also cease.

In some cases, a local authority may decide to cease an EHCP following a review, for example if it believes that the child or young person has achieved the outcomes in the plan and no longer needs the support it provides. Any decision to cease an EHCP must follow a lawful review process, and families have the right to appeal if they disagree with that decision.

Who is responsible for reviewing EHCPs during a phase transfer?

Although schools and colleges are closely involved in the process, the legal responsibility for reviewing an EHCP during a phase transfer sits firmly with the local authority. This means the local authority is responsible for making sure the phase transfer review takes place on time, that it properly considers the child or young person’s needs as they will be in their next setting, and that a lawful decision is made about the future placement.

During a phase transfer year, the review is not simply a routine annual review. It is a critical review that must lead to a clear outcome, namely whether the EHCP will be amended and which school or type of placement will be named for the following September.

The phase transfer review must involve the child or young person, their parents or carers, the current educational setting, and any relevant professionals who understand the child’s needs. Once the review meeting has taken place, the local authority must notify parents of its decision within four weeks. That notification must clearly state whether the authority intends to maintain the EHCP as it is, amend it to reflect the next phase of education, or bring it to an end.

If this process does not happen, or if the local authority fails to make a clear decision following the review, it can place the authority in breach of its statutory duties and put the child’s September placement at risk.

What the phase transfer process should look like

During a phase transfer year, the process usually begins well in advance of the statutory deadline. In most cases, local authorities will notify schools during the summer term that a phase transfer review is required in the following academic year. This allows schools to arrange the review meeting early enough for decisions to be made on time.

The review meeting itself often takes place in the autumn term or early spring term before the transfer. Parents should receive copies of reports and professional advice before the meeting, so they have time to understand the evidence being considered and to prepare their views. This meeting is an important opportunity for parents to explain how their child is managing in their current setting, what support is helping, what is not working, and what they believe will be needed in the next school or college.

After the review meeting, the school sends the paperwork to the local authority. The local authority must then decide whether to keep the EHCP as it is, amend it, or cease it. Where the authority decides that changes are needed, it must issue a draft amended EHCP or a copy of the existing plan showing the proposed amendments.

At this stage, parents or young people must be given at least 15 days to comment on the draft, to make representations about the wording of the plan, and to request that a particular school or college is named. The local authority is required to consider those representations carefully.

In most cases, the law allows the local authority up to eight weeks from issuing the draft amendments to issue the final amended EHCP. During a phase transfer year, though, this eight-week period does not override the statutory phase transfer deadlines. The final amended EHCP must still be issued by 15 February for primary to secondary transfers, or by 31 March for transfers into post-16 education, even if the eight weeks has not yet expired.

The final amended EHCP must name the school or type of placement your child or young person will attend from the following September. Once that final plan is issued, appeal rights are triggered if you disagree with the placement or the contents of the plan.

What local authorities should be doing before the deadline

By around a month or more before the statutory phase transfer deadline, the local authority should already be well advanced in the process. At this stage, the phase transfer review meeting should have taken place, relevant professional advice should have been considered, and consultations with schools or colleges capable of meeting the child or young person’s needs should already be underway or completed.

Where parents have expressed a preference for a particular school or college, the local authority should have formally consulted that setting and properly considered whether it can meet the needs set out in the EHCP. The authority should also have taken account of parental representations on any draft amended EHCP and made any necessary changes in preparation for issuing the final plan.

If these steps have not happened by January for primary to secondary transfers, or February for post-16 transfers, this is often an indication that the local authority is already at risk of missing the legal deadline. Parents should not assume that a lack of communication means matters are progressing appropriately behind the scenes.

What to do if there has been little or no communication

Many parents experience long periods of silence from local authorities during a phase transfer year. This can be particularly stressful where important decisions about a child’s future education are involved.

A lack of communication does not pause or extend the legal deadlines. If you have received no updates, it is important to contact the local authority in writing and ask for clear information about the status of the phase transfer review. This might include asking whether the review meeting has taken place, whether consultations with schools or colleges have been completed, and when you can expect to receive a draft or final EHCP.

Keeping a written record of correspondence is important, particularly if delays later need to be challenged. Where there is continued silence or vague responses, this may indicate a failure to comply with statutory duties.

What to do if the final EHCP is not issued on time

If the local authority fails to issue the final amended EHCP by the relevant statutory deadline, it is acting unlawfully. This applies whether the missed deadline is 15 February for primary to secondary transfers or 31 March for post-16 transfers.

Although parents may be advised to make a complaint, complaints procedures are often slow and do not resolve the immediate issue of delay. More importantly, complaints do not protect a child’s right to have an appeal heard before September, when the new placement is due to begin.

In some cases, judicial review may be required to compel the local authority to comply with its legal duties and issue the EHCP. Early legal advice is strongly recommended in these situations, particularly where the delay risks leaving a child without appropriate provision at the start of the new school year.

What to do if you do not agree with the school, placement or the contents of the EHCP

Once a final amended EHCP has been issued following a phase transfer review, the local authority’s decision becomes legally effective. If parents or young people disagree with any part of that decision, they have the right to challenge it through a formal appeal.

This right of appeal is not limited to the school or placement named in the EHCP. Parents and young people can also appeal the way a child’s special educational needs are described and the provision set out to meet those needs. This is important because the wording of the EHCP directly affects whether a school or college is able, and required, to provide the necessary support in practice.

Appeals are made to the First-tier Tribunal (Special Educational Needs and Disability) and arise from the decision letter issued alongside the final EHCP. In most cases, an appeal must be registered within two months of the date of that decision letter, or within one month of receiving a mediation certificate, whichever is later. These time limits are strict, and missing them can limit the options available.

Where a child is legally considered a young person, the right to appeal belongs to them. Parents can still play an active role, supporting the young person through the process or acting on their behalf where appropriate, for example if the young person lacks capacity or asks for help.

It is often particularly important to appeal the contents of the EHCP at the same time as the placement. If a child’s needs are not fully or accurately recorded, or if the provision is vague or poorly specified, this can make it difficult for any placement to meet those needs, even if the school or college itself is otherwise suitable. Addressing placement, needs, and provision together allows the Tribunal to consider the full picture and can significantly improve the likelihood of securing appropriate education and support at the next phase.

What to do if a phase transfer review does not take place at all

If a phase transfer review is not arranged, the local authority is failing to comply with its legal duties. During a phase transfer year, the law requires the EHCP to be reviewed so that decisions can be made about the child or young person’s future education and placement. Without a review, the local authority cannot lawfully decide whether the plan should be amended or which school or type of provision should be named for the following September.

This is a serious failure, not a minor delay. Phase transfer reviews are a critical part of the legal process designed to protect children from gaps in education or inappropriate placements at key transition points. When a review does not take place, children can be left without a named placement, without appropriate support, or facing uncertainty about where they will be educated.

If this happens, parents should raise the issue with the local authority immediately and in writing. Where the situation is not resolved quickly, legal advice should be sought. Delay at this stage can have significant consequences, and in some cases urgent legal action may be needed to ensure the local authority complies with the law and the child’s education is protected.

How we can help

Phase transfer years can be one of the most challenging points in a child or young person’s education. Missed deadlines, poor communication, and decisions that do not reflect a child’s needs can quickly place families under significant pressure, particularly as September approaches.

Our Education Law team has extensive experience supporting parents and carers through phase transfers, including situations where deadlines have been missed, reviews have not taken place, or the school or provision named in an EHCP is not suitable. We can provide clear advice on your rights, explain the options available to you, and support you through appeals or urgent legal action where necessary.

If you are concerned about your child’s phase transfer or the contents of their EHCP, you do not have to wait until the situation becomes critical to seek advice. You can call us on 0808 149 9561 or request a callback at a time that suits you.