Interim Head of Education Law
On 31st March 2021 the Local Authority is legally required to issue your child or young person with an amended EHCP (Education, Health and Care Plan) if they are moving to a new school or placement in September 2021.
The Post-16 phase transfer appeals process can be different to the secondary school phase transfer process, because if your child is 16 years old or older the right to appeal is theirs to make if they have the capacity to do so. If they aren’t happy with their amended EHCP, they can make an appeal to the SEND Tribunal themselves or with your help if they ask for it.
Unlike any other appeals process, if your child doesn’t have the mental capacity to make an appeal themselves then the right to appeal will automatically be passed onto their parent/s.
We're rated‘Excellent’A person is considered to lack capacity to make the decision to appeal if they’re can’t:
We know that if you have a child with SEND who is moving into Post-16 education, you’ll already understand how important it is for them to get the right provision for their education. But making an appeal to the SEND Tribunal for a young person is not always as straightforward as appealing for younger children, and things can quickly become complex.
And as well as understanding the law relating to EHCPs, it can also be important to have an understanding of the law relating to mental capacity as well. Which we know is a lot to ask from parents if you’re already concerned about your child’s wellbeing.
Our Education Lawyers are experts and we will give you legal advice tailored to your child, no matter what phase of their education they are entering. Get in touch for an initial chat, or for legal advice on what to do if the Local Authority haven’t amended your child’s EHCP yet.
Mostly. The general appeals process is the same in that if you don’t have an amended EHCP by the phase transfer deadline or the Local Authority have left Section I blank, you may be able to challenge this through a Judicial Review.
And if you get your EHCP in time, but you don’t think it’s right for your child then you or your child can make an appeal to the SEND Tribunal.
The main differences if your child is transferring into Post-16 education are:
It’s equally important that the Local Authority meet these deadlines, as it means that if you and your child aren’t happy with their amended EHCP, you’ll have time to appeal it before your child is due to start their new placement in September.
This means you can be sure the Local Authority has named the correct institution in Section I of the EHCP, as well as having all the correct provision they need to support them there.
If you aren’t happy with the school named in Section I of your child’s EHCP, once the final plan is issued, you will be provided with a right of appeal to the Special Educational Needs and Disability (SEND) Tribunal.
If you are a parent of a child with special educational needs and/or disabilities, you may well have heard of the Special Education Needs and Disability (SEND) Tribunal. But what is the SEND Tribunal, what are its powers and why would a parent need to go to the SEND Tribunal?
An Education, Health and Care Plan, known as an EHCP, is a legal document which includes the details of a child’s Special Educational Needs (SEN) and the support that they may need at school.
Our Education Solicitors and SEND Lawyers can help you challenge the Local Authority through a Judicial Review, or help you make an appeal to the SEND Tribunal if the EHCP isn’t right.
We can just offer you legal advice where you need it or we can represent your child at the SEND Tribunal Hearing as well. We have the largest Education Law team in the UK so we have a wealth of expertise in handling cases against the Local Authority to make sure children and young people get the support they need.
We helped a young woman with Down Syndrome secure a special college placement after her EHCP hadn't been updated for 4 years.
A young woman's mother got in touch with us because her daughter had been out of education for over a year. We helped her to secure a high cost college placement and the Local Authority agreed to continue her EHCP.
When the Local Authority argued that a young woman's education needs were being met by daily activities, we helped her father to make an appeal and secure his daughter a place at an independent special school.
Fill in the form below to get in touch with one of our education law team, or call our team today on: 0808 239 9764
