EHCP Phase Transfer Deadline - 15 February 2023

If your child has an Education, Health and Care Plan (‘EHCP’) and will be transferring between phases of education in September 2023, you may be aware that the phase transfer deadline is fast approaching.

The statutory deadline for Local Authorities to finalise their decision in this respect is 15 February 2023. This means that by this date, the Local Authority should have reviewed and amended your child’s EHCP to name the placement they will be attending from September 2023 onwards. 

Please note, the exception to this deadline is for secondary transfer to post 16 education, which is 31 March 2023.

Parents will be understandably anxious around this time; the Local Authority’s decision could have a dramatic impact upon your child’s future.

At HCB Solicitors, we have a team of specialist SEN lawyers who are able to assist you throughout this process. We understand that education law can be extremely complex, which is why we are keen to utilise our expertise to support parents throughout. 

If the Local Authority fails to comply with this deadline, please get in touch. Failure to comply with this deadline will mean that the Local Authority has acted unlawfully and it is crucial that Local Authorities are held to account in respect of this. 

Alternatively, the Local Authority may comply with the statutory deadline, but finalise your child’s EHCP with a placement that you are unhappy with. In this case, you are entitled to submit an appeal to the Special Educational Needs and Disability Tribunal. Our team of SEN solicitors are experts in this field and are able to assist you through the entire process to obtain the correct placement for your child. We can also advise on updating Sections B and F of their EHCP, to ensure that these sections are specific, quantified and legally robust. This is vital to ensure that your child is provided with the correct support to meet their needs. 

Furthermore, due to extensive delays, the Tribunal are currently listing hearings for January 2024. This is, of course, unsuitable for children due to transition in September 2023 as it will cause unnecessary disruption to their schooling, and we understand the Tribunal has kept some Hearing availability free for these appeals. However, it is not known if this capacity is sufficient. If it is not HCB Solicitors will be able to assist you in preparing an application to try and bring the final hearing date forwards, in advance of September 2023, to minimise this disruption.

Should you require any assistance in this regard, please do not hesitate to get in touch. If you would like to discuss your matter with one of our specialist education legal team, please contact us on 0333 202 7175 or education@hcbgroup.com.