EHCP - school transition deadline - 15 February

Hopefully today is the day the LA confirmed your parental choice of placement.

Your local authority (LA) must issue a new Education, Health and Care Plan (EHCP) for children moving to a new phase of education on or before 15 February.

This is the stage at which your child moves from:

• Early years education to primary school
• Infant to junior school
• Primary/first  to middle school
• Primary to secondary school
• Middle to secondary school

This includes the position where your child attends a through school i.e. one that goes across early years to secondary.

Not happy with the named placement?

Did the LA:

• Ask you for your school preference?
• Send you an amendment notice or an amended proposed EHCP?
• Give you opportunity to respond to the LA’s proposed school with your own preference?
• Properly consult with your school?

The 15 February deadline is set out in statute –  Reg 18 (1)(b) The Special Educational Needs and Disability Regulations 2014.

Post-16 transfer

The deadline for post 16 transfers is 31 March in the year of transfer.

What to do if the LA has missed the deadline/did not name parental preference placement?

If the LA has missed the date consider a complaint and/or judicial review.

If however, the LA is still consulting with your preferred school and there a good chance that it may be named you may wish to agree to a short extension to the deadline.

However, the cut-off date allows parents time to explore mediation, and if an agreement cannot be reached, our advice is to appeal the decision in time for September 2021 start dates. Transition planning can also occur.

Tribunal appeals take time to prepare and run to +12 weeks before a decision is made. Be aware that the summer term is busy for Tribunals and school places fill up. A Tribunal can in certain circumstances award a placement over numbers.

If you need assistance or advice please call our team on 0118 467 6547