If your child has an Education, Health and Care Plan (EHCP), there are certain times when their plan must be reviewed by the Local Authority (LA) to ensure it still meets their needs. One of the most important times is called phase transfer.
A phase transfer is when your child or young person moves to the next stage of education. These happen at different times depending on the school tier system in your area.
• Early years provider to school
• Infant school to junior school
• Primary school to middle school
• Primary school to secondary school
• Middle school to secondary school
• Secondary school to a post-16 institution (college, sixth form, or a training provider)
When a child moves to a new setting, the law requires the EHCP to be reviewed and updated in good time. This ensures the new placement can be named, and that planning and preparation are in place to support a smooth transition.
If your child is due to move to a new phase of education, it is imperative that the phase transfer annual review takes place in the autumn term of the year prior to the move.
Why the autumn term matters
Local Authorities have statutory deadlines for sending you the final EHCP with the new school or setting named. These are:
• 15 February – for children moving into primary, middle school, or secondary school
• 31 March – for young people moving into post-16 education
To meet these deadlines, the phase transfer review meeting must take place in the first half of the autumn term (between September and the beginning of November).
This allows time for:
• The school to gather reports and hold the meeting
• The paperwork to be sent to the Local Authority
• The Local Authority to consult with new schools/colleges
• The final EHCP to be issued on time
If the review is left until spring, there will not be ample time to complete the process appropriately, and then there is a real risk that the Local Authority will not meet its legal duty to issue the final plan by the deadline. This can then leave children, families, and schools uncertain about future placements, and cause unnecessary disruption and delays – especially if a parent then wants to appeal the plan via the SEND Tribunal.
By holding the phase transfer review in time, it gives everyone enough time to:
• Consider evidence
• Consult with potential placements
• Prepare for the move and put in the right support and provision
• Ensure that the final EHCP is issued in line with statutory requirements, meaning that it is a smoother, less stressful transition and, in the case of those who are unhappy with the content or placement listed, time to put in an appeal and obtain a hearing date before the new academic year begins.
So, if you haven’t been provided with a date for your child or young person’s phase transfer review yet, we would suggest contacting their educational setting and/or your Local Authority to request that this is booked in urgently.
Please note that the phase transfer process for children without an Education, Health, and Care Plan differs. See Applying for a Secondary School Place (link to article) for more information on the usual process.
If you have any questions regarding your child’s phase transfer with an EHCP, contact our Education Law team who will be happy to help.
