Annual reviews

Transition reviews

Transition Reviews largely follow the same process as an Annual Review of an Education, Health and Care plan (EHCP).

There are variations for particular age groups or specific situations.

These relate to:

• children moving from one phase of education to another requiring their EHCP to be amended by the 15th February,
• children and young people moving to Post 16 provision requiring their EHCP to be amended by the 31st March,
• children in Year 9 (and following years) whose Annual Reviews are to be treated as Preparing for Adulthood (PFA) and must include consideration for employment, independent living and their inclusion in their community and society
• young people moving between Post 16 institutions must be reviewed and amended 5 months before the transfer is due to happen
• when a child or young person doesn't attend a school or other type of education provision
• when a child or young person has been released from custody.

Surrey must conduct a 'transition review' or a 'key stage transfer review' or a 'phase transfer' when your child or young person is transferring from one stage of education to another as listed above.

This is to ensure the EHCP accurately describes your child's needs and provides the support they will require in their next placement. It also gives you and your child an opportunity to raise any concerns you may have.

The process and timescales for EHCP reviews are outlined in the SEND Regulations 2014 (GOV.UK). Taking these into account, the review meeting should be early in the autumn term – ideally no later than October but by 22/23 November. Parents must be given at least two weeks' notice of the meeting date.

The person arranging the meeting must request advice and information about the pupil from parents, the school, Surrey Local Authority, and healthcare and social services professionals (if appropriate). For the transfer review, it's also a good idea to have updated assessments from therapists or specialist teachers working with the pupil. All information gathered must be circulated to you as parents and other attendees at least two weeks before the meeting.

At the meeting your child, yourselves, the school, Surrey representative, and other professionals (if attending) will discuss the EHCP and the type of setting the pupil would like to move to. If you have identified a particular setting as your preferred placement, this should be noted. The school will prepare a report of the meeting and the requested EHCP amendments for Surrey.

The Annual Review and the Transition Review can be carried out in the same meeting, however, there must be a clear differentiation between the Annual Review part of the meeting and the transition review part of the meeting.

If your Annual Review and Transition Review have been combined – then the usual annual review process will apply following the meeting. The Local Authority (LA) may or may not decide to make changes to the contents of the EHCP.

The transition review part of the meeting will then conclude by the relevant transition date as per Section 18 of The SEND Regulations (see below).

If a Transition review only was held – the Transition Review will not conclude until you receive your child's EHCP naming the transfer school by the relevant transition date (See below). The EHCP will go back into draft stage prior to this date ready for parents to make their requests for parental preference and for consultations to take place. Once you have the final EHCP naming the transfer school, you will have the right to appeal.

Circumstances in which a Local Authority must review a EHCP

Section 18 SEND Regulations 2014.

(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 EHCP before

(a) 31 March in the calendar year of the child or young person's transfer from secondary school to a post-16 institution;

and (b) 15 February in the calendar year of the child's transfer in any other case, and where necessary amend the EHCP 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.

(2) Where it is proposed that a young person transfers from one post-16 institution to another post-16 institution at any other time, the local authority must review and amend, where necessary, the young person's EHCP at least five months before that transfer takes place so that it names the post-16 institution that the young person will attend following the transfer.

(3) Where a child or young person is due to transfer from a secondary school to a post-16 institution on 1 September 2015 the local authority must amend and review the EHCP under paragraph (1)(a) before 31 May 2015.