Phase Transfer and late Plans – Flow Chart

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, post-16 or other institution, or type of school or institution, which the child or young person will attend following that transfer.

The LA must issue the child or young person’s finalised EHC plan before:

  • 31 March in the case of a transfer from secondary school to a post 16 institution;
  • 15 February in the case of a child’s transfer in any other case

These dates have been deliberately set to allow an appeal to the Tribunal to be concluded before the end of the summer term.

Failure to issue the amended EHCP by the time limits in the year of a phase transfer is a breach of statutory duty by the LA.

This is guidance is for placement ONLY appeals, i.e. Section I only appeals:

If you have not received your child’s EHCP on or before 15th Feb:

  • You could use our ‘Template Letter – Requesting EHCP to be finalised after 15th Feb’. You do not have the right to appeal until the EHCP has been finalised.
  • Request in writing that your Case Officer keeps you informed of any developments, copy in the SEN Team’s generic email address.
  • Start a complaint (see guidance)

If you have received a final EHCP with a School named in Section I but you are not happy with this School:

  • Ensure your letter that came with the Final EHCP is dated and signed, if not request that it gets dated and signed by emailing your Case Officer and copying in the generic email address
  • Ensure you have all the reports and assessments listed in Section K, if not request that it gets dated and signed by emailing your Case Officer and copying in the generic email address
  • Start to complete the appeal form SEND 35 (see our guidance on “How to complete a SEND 35”)

If you have a FINAL EHCP with only “type” named in Section I:

  • Ensure your letter that came with the Final EHCP is dated and signed, if not request that it gets dated and signed by emailing your Case Officer and copying in the generic email address
  • Ensure you have all the reports and assessments listed in Section K, if not request that it gets dated and signed by emailing your Case Officer and copying in the generic email address
  • Start to complete the appeal form SEND 35 (see our guidance on “How to complete a SEND 35”). Email your Case Officer and request a list of all the Schools consulted and each Schools full response.
  • Email your Case Officer and request a list of all the Schools consulted and each Schools full response.