Transition Review

Please also see the Annual Review and Annual Review Flow Chart Information Sheet

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. 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 LA may or may not decide to make changes to the contents of the EHCP. Please see our information sheet: Annual Review and Flow Chart for timescales.

The Transition Review part of the meeting will then conclude by the relevant transition date as per Section 18 of The SEND Regs (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 an EHCP.

Section 18 SEND Regs 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 EHC plan 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 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.

(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 EHC plan 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 EHC plan under paragraph (1)(a) before 31 May 2015.

What is a new phase of education?

This is defined in regulation 2 of the SEN and Disability Regulations 2014 (the “SEN Regs”) as a transfer from:

(a)  early years education to school;

(b)  infant school to junior school;

(c)  primary school to middle school;

(d)  primary school to secondary school;

(e)  middle school to secondary school; or

(f)  secondary school to a post-16 institution.

What happens to the EHCP?

Regulation 18 of the SEN Regs requires that the EHCP must be reviewed and amended before

(a) 31 March if the transfer is from secondary school to a post-16 institution

(b) 15 February in any other case, or

(c) If a young person is moving from one post-16 institution to another post-16 institution at any other time, at least five months before that transfer takes place.

These dates are end dates and have been deliberately set to allow an appeal to the First-Tier SEND Tribunal to be concluded before the end of the summer term as long as you appeal straight after the dates above.

Once the final amended plan has been issued by Surrey and you do not agree with the amendments, or want further amendments made you can challenge this with an appeal to the First-Tier SEND Tribunal (please see our information sheet on appeals).

What is a preparing for Adulthood Review?

From Year 9 onwards, Surrey has a duty to ensure that the annual review meeting “consider[s] what provision is required to assist the child or young person in preparation for adulthood and independent living” (Regulation 20(6) and Regulation 21(6) of the SEN and Disability Regulations 2014).

The aim of this is for young people with SEN to be supported towards greater independence and employability.

The 2014 SEND Code of Practice has some useful examples of what this might be (see paragraph 8.10):

  • support to prepare for higher education and/or employment;
  • training options such as supported internships, apprenticeships and traineeships;
  • support in finding a job, and learning how to do a job (for example, through work experience opportunities or the use of job coaches);
  • help in understanding any welfare benefits that might be available when in work;
  • preparation for independent living including where the child or young person wants to live in the future, who they want to live with and what support they will need;
  • considering local housing options including housing benefits and social care support available;
  • support in maintaining good health in adult life;
  • support in participating in society: this is a wide-reaching concept and includes such things as understanding how to get about (using transport and benefits options relating to this) and making and maintaining relationships.

The support required should be set out in the EHCP. Reviews in year 9 onwards should identify what action should be taken, and by whom, to provide the support your young person needs (paragraph 8.11 of the Code).

Remember that anything which educates or trains a young person is capable of being special educational provision (SEP). Health Care provision and Social Care provision which educates or trains a young person must be specified and quantified in section F of the EHCP.

The LA must not cease an EHCP simply because a young person is aged 16 or over.

Young people with EHCP may need longer in education or training in order to achieve their outcomes and make an effective transition into adulthood. This is something else that the local authority must take into consideration at annual reviews for young people aged 19 to 25 years.

What if a child or young person doesn’t attend a school or other type of education provision?

If your young person has an EHCP and is aged under 18 but is not receiving education and training (for whatever reason), Surrey must review the plan “to ensure that the young person continues to receive education or training” (see SEN Reg 29).

Whilst this is not, strictly, an annual review, Surrey must conduct the review in accordance with SEN Regs 18 and 19: which means that they must follow the steps set out in the annual review process.

Where a child or Young Person has been released from detention:

  • While in custody the EHCP should continue to be used to actively monitor a young person’s progress towards their outcomes.
  • Surrey should conduct a monitoring meeting and continue to do so every 12 months. 
  • Taking a similar approach to that used for an annual review in the community would be appropriate.
  • On the release Surrey must review their plan as soon as possible on release. Reviewing the EHCP as soon as possible on release to ensure it still reflects the needs and has an appropriate education placement is important.

Paragraph 9.170 (page 195) of the 2015 SEND Code of Practice says:

“Local authorities must also review and maintain an EHC plan when a child or young

person has been released from custody. The responsible local authority must

involve the child’s parent or the young person in reviewing whether the EHC plan still

reflects their needs accurately and should involve the youth offending team in

agreeing appropriate support and opportunities.”