What to expect: A guide for parents navigating the phase transfer process

Transitioning to the next key stage of education is a daunting time for any child or their parents. However, for those children or young people with special educational needs and an Education, Health and Care Plan (EHCP), this big step into the next phase of their education can be the source of additional challenges and anxiety for themselves and their families. From the initial transfer review to the Local Authority’s statutory deadline to confirm the next placement, this guide aims to assist parents and families in navigating the phase transfer process, and more importantly knowing what to expect. 

The Process

The most important point to note is that the transfer process for children and young people with EHCP’s is separate to the normal admissions process. If a child or young person has an EHCP, there is no requirement for their parents to follow the normal admissions process for a school or college place. 

For every EHCP phase transfer, the starting point of the process is the phase transfer review. This review of the current EHCP will take place at your child’s current school/educational placement and will discuss your child or young person’s transfer to their next phase of education. 

This review should take place in the autumn term before the year of transfer. So for children or young people due to transition to a new phase of education in September 2025, the transfer review will take place in autumn term 2024 (so between September and December 2024).  This review must still take place even if an annual review would not normally be due at that time.  

Following this transfer review, the Local Authority will send a copy of its proposed amendments to you within a draft copy of the EHCP within 4 weeks. Section I should be left blank. 

You then have 15 days from the date the Local Authority sent its proposed amendments to you to make representations regarding this draft EHCP and to state which school/educational placement you wish to be named in Section I of the EHCP when it is finalised.

The EHCP will then be amended and the Local Authority have a statutory deadline to issue the new EHCP with the name of your child or young person’s new setting in Section I. These statutory deadlines are set out in Regulation 18 of The SEND Regulations 2014 and state that the EHC plan must be reviewed and amended before;

• 31 March if the transfer is from secondary school to a post-16 institution
• 15 February in any other case, or
• 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.

If the amended EHCP names a setting you do not agree with in Section I, or there are aspects of Sections B, C, D, G, H or F you consider need to be improved, you will have a right to appeal the to the SEND Tribunal when the Amended Final EHCP is issued. 

How we can assist

As specialist SEN solicitors, HCB understand the complexities and challenges that transferring between phases of education can bring for children and young people with SEN and their families. We can assist you from the initial transfer review through the process until the Amended Final EHCP naming a new placement is issued. We can also assist with an appeal to the SEND Tribunal if that unfortunately becomes necessary.

With ever increasing budget cuts within Local Authorities, poor decisions are often made at these key transfer points which can result in children or young people ending up with an allocated placement that is not suitable for them and does not accord with their/their parents’ preference for their educational placement. Deadlines can often be missed and communication from the Local Authority can be scarce. It is important to keep the key dates outlined above in mind so that you know if your Local Authority are not complying with their statutory obligations and you can explore taking further legal action if necessary.

If you would like assistance with the phase transfer process or are unhappy with your child’s next educational placement when it is named by the Local Authority, please don’t hesitate to contact us on 0333 202 7175 or email education@hcbgroup.com. Our team of experienced SEN solicitors are here to support you and your child or young person as they make this big step into the next phase of their education.