Education
The post 16/19 phase transition placement deadline is 31st March – what should you expect?
Young people with an Education, Health and Care Plan (‘EHCP’) moving from one stage of education to another require an amended EHCP to be issued in advance of the transfer deadline. In this article, we discuss what to expect, and what you can do if the deadline has been missed.
Young people with an Education, Health and Care Plan (‘EHCP’) moving from one stage of education to another require an amended EHCP to be issued in advance of the transition deadline.
Where a child or young person is within 12 months of moving between phases of education, their Local Authority must review and amend, where needed, their EHCP before:
- 31 March, in the calendar year of the child or young person’s move from secondary school to post-16 education
What is the EHCP transfer deadline?
Where a young person moves from one post-16 placement to another at any other time then their Local Authority must review and amend their EHCP at least five months before the transfer takes place.
The above deadline is legally enforceable, and the Local Authority must comply. It is important for parents/carers to be aware of them.
This deadline allows for any disputes with the EHCP, particularly a dispute with the placement, to be resolved. This includes time for mediation to be considered and engaged in, and/or an appeal to the Special Educational Needs and Disability Tribunal to be concluded. The time also allows for the placement the child is moving into to be appropriately prepared for their entry, as well as undertaking any transition visits for the child.
An annual review of the child’s EHCP will typically be held in the autumn term, in the current placement. Discussing placement preference will happen at this stage, so it is advisable to research and view, wherever possible, placement options for your child or young person. Parents and carers can find out the colleges available via their Local Authority’s Local Offer and for independent special schools and colleges a list can be found at: Independent special schools and colleges - GOV.UK (www.gov.uk).
What can you do if the EHCP deadline has been missed?
The Local Authority’s decision following the annual review meeting must be provided to parents and carers within 4 weeks of the date of the meeting. An amended final EHCP will follow by 31 March.
If an amended final EHCP is not issued by the above deadline then parents and carers are advised to seek independent legal advice to discuss the options.
An appeal cannot be lodged without a final EHC plan and a covering letter detailing appeal rights.
How can our education solicitors help?
Our expert education solicitors frequently act for parents, helping them in their dealings with councils, particularly in relation to the issue of final EHC plans if responses are not being received.
We can also represent parents at SEND tribunal appeals, where there is disagreement about the placement named in the EHC plan.
If you have concerns or do not agree with the placement that has been named or the council are delaying the decision, we can assist and advise on the next steps. Please contact us on 0330 041 5869 or you can request a callback using our online form.