Interim Head of Education Law
The Local Authority will review your child’s Education, Health and Care Plan (EHCP) when your child transfers into a different phase of their education. This is to make sure your child has the right provision in place to meet their needs as they get older. The Local Authority should also use this review to choose the school placement for the next stage of your child’s education.
The deadline for issuing an amended EHCP for Phase Transfer to secondary school is 15 February. It is also 15 February for children who are just starting primary school. It is a later date of 31 March for those transferring into post-16 education.
You should expect the Local Authority to start reviewing your child’s EHCP in the autumn term of the year before they’re due to transfer. This should give them enough time to look at your child’s progress and see what changes their EHCP may need for their future education in addition to identifying a placement.
If your Local Authority hasn’t been in touch with you about reviewing and amending your child’s EHCP yet, then you should speak to your child’s school or the Local Authority themselves.
If the Local Authority are refusing or delaying the review of your child’s EHCP then we could help you. Delays at this stage could be really detrimental.
For legal advice call our Education Solicitors and SEND Lawyers and we will help you.
We're rated‘Excellent’Your Local Authority will have a document that sets out what information they need from the school to understand your child’s needs. Parents and young people should also be asked for their views.
Your child’s school will normally arrange the review meeting with you, the Local Authority, and anyone else supporting your child. Not everyone will need to attend the meeting but those working with your child should be invited to contribute paperwork even if they’re unable to attend.
People attending could include:
At the meeting, you should have the opportunity to discuss their progress to date, what you think your child needs, and which school you think they should go to.
Following the meeting, the Local Authority should make a decision about whether or not they’re going to change your child’s EHCP. If they are due a Phase Transfer, unless it is possible for them to stay at their current placement, the Local Authority will have to amend the EHCP in section I as a minimum, but they may also make further amendments.
In order to protect a child’s interests, we successfully held a Local Authority to account with a Tribunal’s ruling, which they had previously failed to comply with. Here we explain each section of the EHCP.
Local Authorities must meet placement deadline for children and young people with an EHCP (Education, Health and Care Plan) moving to Post 16/19 education despite Coronavirus pandemic.
An EHCP (Education, Health and Care Plan) identifies your child’s Special Educational Needs (SEN) and should entitle them to the right provision they need to support them.
The deadline for phase transfer is 15th February (31st March for children over 16-years-old). By this time, your Local Authority should have put together a final Education, Health and Care Plan (EHCP) naming a school or college for your child to attend from the following September
The Local Authority must take your views into consideration before making any changes to your child’s EHCP. If you feel their named school cannot meet the needs of your child, you could appeal to the SEND Tribunal. This could apply if the Local Authority has:
While the Local Authority has to consider your views, they could refuse to name the school you have suggested for your child because of the following reasons:
These are the only reasons why the Local Authority could name a different school for your child. But some shouldn’t be taken on face value as they can be challenged. For example, a Local Authority can’t simply refuse to fund an independent school based on cost alone. There needs to be a more cost-effective option listed that will still meet you child’s needs.
Our expert Education and SEND Lawyers can help you lodge an appeal with the SEND Tribunal. We will always handle your case sensitively and can advise you on the evidence you should submit to the SEND Tribunal.
