Deadline for transfer of Statements to EHCPs fast approaching

Transferring children and young people from Statements of SEN to Education Health and Care Plans (EHCP) has been phased from the introduction of the Special Educational Needs and Disability (SEND) reforms in September 2014 to the end of March 2018.

By 1 April 2018, local authorities are required to transfer all children and young people with Statements who meet the criteria for an EHCP, or have made a decision that it was not necessary to issue an EHCP. They must conduct a Transfer Review – that is an Education, Health and Care needs assessment in accordance with The Special Educational Needs and Disability Regulations 2014.

The Department for Education (DfE) expects all those who have a Statement and who would have continued to have one under the current system to be transferred to an EHCP. No one should lose their Statement and not have it replaced with an EHCP simply because the system is changing. Any Statement for which a transfer review has not been completed by 31 March 2018 will remain in force until a transfer review has been completed and a decision made about future provision. This ensures that children and young people in this situation do not lose support.

DfE data shows that there were 236,225 Statements of SEN on 31 August 2014, at the start of the transition period. Between 31 August 2014 and 19 January 2017, 104,285 children or young people with Statements had been issued with an EHCP.

The latest DfE data published in May 2017 shows there were 112,057 Statements as at 19 January 2017. Not all these will be changing to EHCPs. There will be some children and young people whose Statement was discontinued due to leaving compulsory schooling or because their special needs were being met without a Statement or for other reasons.

The latest data, based on information provided in March 2018 shows that there were 14,305 transfers of Statements yet to be completed. This means that up to this date, 221,920 Statements (94%) have either been:

a) transferred to an EHCP

b) assessed and a decision made not to transfer to an EHCP or

c) discontinued because they have left school at the end of compulsory schooling or after.

d) reviewed and discontinued as special needs being met without Statement or EHCP or for other reasons.

A further publication is due on 24 May 2018.  This publication will show the number of Statements and EHCPs as at 18 January 2018. This publication will include data at national and local authority level.

You can read the DfE: Special educational needs: transfer of statements of SEN to education, health and care plans - Ad hoc notice - March 2018 here.

If you have any concerns about your child’s transition from Statement to EHCP or any other SEN related issues, then please contact us at senexpertsolicitors@boyesturner.com – our expert SEN solicitors are here to help.