[Your address and contact details]
[Area SEN Manager
Cc to Case Officer ]
And by email to: [insert email address]
Dear [Sir or Madam],
[Child or young person’s name], DoB [date of birth]: Failure to meet the 15th February statutory deadline
I am writing [as the parent of the above child / on behalf of the above young person] as we did not receive a final plan with a school named by the statutory deadline of 15th Feb as (child’s name) is going through a phase transfer (as defined in the SEN Regs 2 (1))
Where a child or young person is within 12 months of a transfer between phases of education the local authority must review and amend the EHC plan. This will be, at the very least, to name the school or type of school or institution, which the child or young person will attend following that transfer. You, as the LA have not finalised (child’s name……..’s) EHC plan prior to the 15 February.
Failure to issue the amended EHC plan by the time limits in the year of a phase transfer is a breach of statutory duty by the LA:
SEND Code of Practice (page 198/199) states:
Transfer between phases of education 9.179 An EHC plan must be reviewed and amended in sufficient time prior to a child or young person moving between key phases of education, to allow for planning for and, where necessary, commissioning of support and provision at the new institution.The review and any amendments must be completed by 15 February in the calendar year of the transfer at the latest for transfers into or between schools. The key transfers are:• early years provider to school• primary school to middle school• middle school to secondary school
- 9.180 For young people moving from secondary school to a post-16 institution or apprenticeship, the review and any amendments to the EHC plan – including specifying the post-16 provision and naming the institution – must be completed by the 31 March in the calendar year of the transfer.
• primary school to secondary school, and
• infant school to junior school
The Special Educational Needs and Disability Regulations 2014
Reviews and re-assessments
Circumstances in which a local authority must review an EHC plan
18.—(1) Except where paragraph (3) applies, where a child or young person is within 12 months of a transfer between phases of education, the local authority must review and amend, where necessary, the child or young person’s EHC plan before—
(b) 15 February in the calendar year of the child’s transfer in any other case,
and where necessary amend the EHC plan so that it names the school, post-16 or other institution, or type of school or institution, which the child or young person will attend following that transfer.
The 15th February date has been deliberately set to allow an appeal to the Tribunal to be concluded before the end of the summer term.
I am therefore requesting under Regulation 13(2) of the Special Educational Needs and Disability Regulations 2014 that you send out a copy of the finalised EHC plan as soon as practicable but within 5 working days of receiving this letter. If this deadline is not met I will be seeking legal action and taking this forward as a complaint.
I look forward to hearing from you and trust that it will not be necessary to take this matter further.
[Or if on behalf of a young person:]
[Your name] on behalf of [name of young person]