Phase Transfer EHCPS – Moving on to the next stage of education

Phase transfers refer to the process of moving a child or young person with an Education, Health, and Care Plan (EHCP) from one key stage of education to another. This typically includes transitions such as:

• From early years (nursery) to primary school
• From primary school to secondary school
• From secondary school to post-16 education (such as college or sixth form)

During these transitions, local authorities (LAs) must review and update the EHCP to ensure it meets the changing needs of the child or young person and name the school/college for the next stage. There are specific deadlines that LAs must adhere to.

Important Deadlines

• 15 February: The final EHCP must be issued for all pupils moving between different education phases, except for those moving from Year 11 to post-16 education.
• 31 March: The final EHCP must be issued for pupils transferring from Year 11 to post-16 education.

Preparing for the Deadline

An annual review should take place before the phase transfer deadline. The LA should ask for your preferred placement and school consultations should have been sent out. If you haven’t received any communication and you haven’t already told the LA what your preferred school is, it is crucial to chase them to ensure everything is on track.

If the Deadline is missed

If the local authority fails to meet the deadline, this can be challenged through the LA complaints process or judicial review. You are likely to get a faster response by sending a formal pre-action letter, which requires a response within 14 days. If you would like further advice on this, please get in touch and we can assist you. 

If you are not satisfied with the contents of the EHCP or placement named 

When the final EHCP is issued the LA must provide a right of appeal to the Special Educational Needs and Disability Tribunal. That allows an appeal to be brought by parents or young people which they can exercise if they disagree with the content of the EHCP, including the school named by the local authority in section I of the EHCP. If the school named by the LA is not your preferred choice, you can appeal to the Tribunal and ask them to order your preferred school.

Appeals to the Tribunal can also be registered as an extended appeal, which allows the Tribunal not only to make decisions about the education sections of the EHCP, but also to make non-binding recommendations about health and social care. This can be beneficial in many cases, particularly where a residential school is requested.

Expedited timetable to prioritise phase transfer appeals 

Due to the high volume of cases, the SEND Tribunal is currently experiencing significant delays, with many hearings scheduled almost a year in advance. However, phase transfer appeals are given priority. If your appeal concerns a phase transfer placement, notify the Tribunal as soon as possible and make a request for expedition.  

At Irwin Mitchell we have an experienced team of solicitors who regularly conduct appeals to the Tribunal and challenge local authorities for the failure to meet their legal duties. 

If your local authority has not issued the final EHCP by the deadline, or if you disagree with the content of the EHCP, our solicitors will be able to advise you on how we can assist. 

Find out more about our expertise in supporting families in this area at our dedicated special educational needs advice section.