Local authorities (LAs) have a legal duty to review and amend an Education, Health and Care Plan (EHCP) when a child or young person (YP) transfers from one phase of education to another:
early years education to first or primary school
infant to junior school
primary or first to middle school
primary to secondary school
middle to secondary school
secondary school to a post 16 institution
There is a legal duty – the LA must issue an updated final plan naming the new setting or type of setting for the next academic year:
for those transferring from secondary school to a post-16 institution. The EHCP must be reviewed and amended by 31st March in the year of transfer
for all other phases of transfer, the deadline is the 15th February in the year of transfer
when a young person is already attending a post-16 institute and it is proposed that they move from one post-16 institution to another at any time, the LA must review and amend the EHCP at least five months before that transfer takes place.
This means the LA should start the annual review process in the autumn term of the year before the child/YP moves school or setting.
The final amended EHCP – MUST by law, be issued by the above dates.
In Section I (placement) the amended Final EHCP should state:
that the child/YP will continue to attend their current setting until the end of that academic year (or another date if different)
name the setting or the type of setting that they will attend from the start of the next academic year.
When the LA issues the final amended plan, they must also send you a letter informing you of your right to mediation and appeal. If you disagree with all or part of the final plan, you have 2 months from the date of the decision letter, or one month from the date of the mediation certificate – whichever is later, to lodge your appeal.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.