Interim Head of Education Law
The Local Authority is legally required to conduct an Annual Review of your child’s EHCP, prior to their transfer to a new phase of education.
Local Authority’s usually start this process in the Autumn term.
Not all the phases of education will apply to your child; however, the phases of education include:
Following the Annual Review, an amended EHCP must be issued specifying your child’s current school and the school they will attend for the next phase of their education within Section I.
We're rated‘Excellent’There are strict deadlines for issuing the amended EHCP depending upon the transfer taking place.
If your Local Authority fails to meet the Phase Transfer deadline, you may wish to speak with the Local Authority to try and ascertain the reason for the delay and when the amended EHCP is likely to be received.
It is important to keep a written record of any conversations you have with the Local Authority as this maybe useful should further action be needed.
Should you be unable to resolve matters yourself, you can challenge the Local Authority’s failure to issue an amended EHCP through a Judicial Review.
A Judicial Review is a review of the lawfulness of an action,decision or a failire of a public body. Once the amended EHCP has been issued, you will be given a right of appeal to the Special Educational Needs and Disability Tribunal if you are unhappy with the placement named for your child.
If your Local Authority has failed to issue your child’s amended EHCP by the deadline, do not hesitate to get in contact and we can advise you on your options and the costs of taking further action.
Similarly, if a decision has been made but you do not agree with it, our team of Education Solicitors can advise on appealing that decision to Special Educational Needs and Disability Tribunal.
Action needs to be taken quickly regardless of which route you need to go down.
You might feel like you’ve spent you entire time at school working up to A-Level Results Day. You might feel like you’ve spent you entire time at school working up to A-Level Results Day.
Children can fall out of education for any number of reasons, and different circumstances call for different courses of action. But one thing is key - where a child is without education, time is of the essence.
An Education, Health and Social Care Plan (EHCP) outlines the educational, health and social care needs of a young person with Special Educational Needs (SEN), but will only reflect the needs/ provision at the time the document is written.
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
