February 7, 2022
Regulation 18 of the Special Educational Needs and Disability Regulations 2014 (as amended) applies where a child or a young person has an Education, Health and Care Plan and is due to transfer to the next phase of education. In those circumstances the LA must review and, where appropriate, amend the EHCP for that child or young person in the calendar year of transfer by the following dates: –
- 31st March where the young person is due to transfer from secondary school to a Post – 16 institution or apprenticeship, or
- 15th February for all other phase transfers including transitions from: –
- early years provider to school;
- infant to junior school;
- primary to middle school;
- primary to secondary school; and
- middle to secondary school.
When a young person is already attending a post-16 institution and they will be moving from one post-16 institution to another at any time, the LA must review and amend the EHC plan at least five months before that transfer takes place.
If you are concerned that your local authority has delayed carrying out or completing your child’s Annual Review in a timely manner and as a result may miss the deadline for issuing an Amended Final EHCP please do get in touch with Imelda Brennan in our Education department. You’ll get legal advice on special educational needs such as sending a Pre-Action Protocol letter before initiating Judicial Review proceedings against the LA for its failure to comply with its statutory duties in relation to the Phase Transfer deadlines.