When a child with an Education, Health, and Care Plan (EHCP) moves to a new stage of education, the law requires that their plan is reviewed and updated. This ensures that the right support is in place to help them settle into their new school or educational setting.
When EHCP reviews must happen
EHCP reviews and updates (called phase transfer reviews) are needed when a child moves from:
- Early years provider → School
- Infant school → Junior school
- Primary school → Middle school
- Primary school → Secondary school
- Middle school → Secondary school
- Secondary school → Post-16 education (college, sixth form, or apprenticeship)
For most of these transitions, the final updated EHCP must be issued by 15 February.
For moves from secondary school to post-16 education, the deadline is 31 March.
If the move happens at a different time of year (not September), the local authority (LA) must complete the review and issue the final plan at least five months before the transfer date.
Waiting for the updated plan can be stressful, especially if it’s close to the deadline, but these timelines are designed to allow enough time to plan properly.
How the review process works
Phase transfer reviews follow the usual annual review process:
- Annual review meeting: the school and the LA hold a meeting to discuss your child’s progress and whether changes to the EHCP are needed.
- Proposed amendments: within four weeks of that meeting, the LA must send you a draft EHCP showing any proposed changes.
- Parent/young person feedback: you have at least 15 days to review the draft, share your views, and request a specific school to be named in the plan.
- Final EHCP: the LA must then issue the final version of the EHCP, including your appeal rights, within eight weeks of sending the draft.
To meet these legal deadlines for September 2026 transfers (except for post-16 moves), phase transfer reviews must take place by the second half of the Autumn term, usually no later than 18 November 2025, and draft EHCPs must be issued before the school’s break for Christmas.
Choosing a school
Transition, especially from primary to secondary school, is often when parents consider whether their child may need specialist provision rather than mainstream education.
If you want a particular type of school (mainstream or specialist), or a specific school by name, you should tell the LA. Usually, this happens during the annual review meeting, but if one hasn’t been arranged, you may need to contact the LA yourself.
Once you’ve made your preference known, the LA must consult your chosen school and any other schools they’re considering. Each school has 15 days to respond and must see the draft EHCP during this process.
If you disagree with the final EHCP
If you’re unhappy with the final EHCP, you can appeal to the First-tier Tribunal.
You can appeal if you disagree with:
- Section B – the description of your child’s needs
- Section F – the special educational support provided
- Section I – the school or setting named
You can also ask the tribunal to make non-binding recommendations about health and social care (this is called an Extended Tribunal).
Before appealing about Sections B or F, you must first obtain a mediation certificate (details of how to do this will be in the LA’s decision letter).
You have two months from the date of the LA’s decision, or one calendar month from the date of the mediation certificate (whichever is the later date), in which to submit your appeal.
If your appeal is only about Section I (the school named), you do not need a mediation certificate.
It’s best to act quickly—appeals can take time, and the tribunal receives many cases before the new school year begins.
If no review has been arranged
If your child is due to transfer to a new phase and the local authority hasn’t arranged a review, this means they are not meeting their legal duty.
You have the right to make a formal complaint to the LA if they’ve missed statutory deadlines.
In serious cases, you may need to explore a legal remedy through the Judicial Review process.
Phase transfer reviews are vital to ensure that children with EHCPs get the right support in their next school or setting. Knowing the deadlines and your rights can help you act early, stay informed, and ensure your child’s transition goes as smoothly as possible.
If you would like further advice or information regarding phase transfers and the associated timelines, our team here at Tees would be happy to speak with you.
