Phased transfer is the moving between particular stages of education:

• • early years education to school
  • infant to junior school
  • primary to middle school
  • primary to secondary school
  • middle to secondary school
  • secondary school to a post 16 institution

When a child / young person has an EHCP, the LA MUST name the school / education setting, in Section I of the EHCP, that a child / young person will be attending in the September by either 15th February or 31st March.

THE DEADLINE IS THE 15th of FEBRUARY OF THE YEAR YOUR CHILD / YOUNG PERSON IS DUE TO MOVE TO A NEW PHASE OF EDUCATION.

FOR THOSE TRANSFERRING FROM SECONDARY SCHOOL TO A POST-16 INSTITUTION, THE DEADLINE IS THE 31st of MARCH IN THE YEAR OF TRANSFER.

This process must start within 12 months of a transfer to a new phase of education.

This means that the Annual Review for the Phased Transfer must happen before the Autumn term before your child / young person is due to move to a new phase of education.

The phased transfer process is the same as the Annual Review process and the statutory timeframes must still be met.

The only differences are that there is a different time when the review must take place and a date by which plans must be reviewed and amended by.

When a young person is already attending a post-16 institution 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.

These deadlines are set out in Regulation 18 of The Special Educational Needs and Disability Regulations 2014.

Some EHCP’s name just the “type” of setting a child or young person is to attend, for example ‘mainstream,’ or ‘special.’

This is lawful if…

• • The LA can show the school / setting requested by the parent or young person should not be named, because one of the exceptions applies, and/or
  • Neither the parent, young person, nor the LA has identified an appropriate setting to be named.

If the EHCP has been finalised with just a “type” of setting to be attended, this means that there is no school/college with the duty to admit your child or young person.

There is no legal deadline for the EHCP to be amended to specify the name, (in addition to the type) of the setting.

Once a setting is found, the LA should take steps to amend the EHCP and name it in section I.

In the meantime, the LA must make sure your child, or young person gets all the provision specified in section F. (this duty is set out in section 42(2) CFA 2014)

The responsible commissioning health body will still need to arrange any health care provision in section G of the EHCP.

If your child is of compulsory school age, the LA must make sure they receive suitable alternative education whilst they remain out of education.

If your child or young person’s EHCP has not been finalised, the below IPSEA guidance explains what you can do next - including a template letter to help you take action:

letter to LA when it has or will breach the deadline for reviewing and amending the EHCP in advance of a phase transfer

See 'Requesting a different education setting' for more information on how to choose a new school.

An EHCP (Education, Health and Care Plan) MUST be reviewed every 12 months. 6 months for early years.  

(Interim / Early AR’s can be requested if there is a risk of school placement, or concerns that the provisions in the EHCP are not meeting the needs of the Child / Young Person, the same process applies)  

The Annual Review is usually held at the education setting of the child or young person (CYP). 

Everyone who is involved with the CYP, such as Speech and language (SALT), Occupational Therapy (OT), Education Psychologist (EP), paediatrician, CAMHS etc will be invited to attend, or provide written reports. 

The SENDCO of the education setting, MUST send the invitations at least 2 weeks before the date of the meeting. 

All paperwork with suggested amendments with written reports, from the meeting must be sent to the allocated SEND Officer, and all who attended the AR or submitted reports, without delay.  

The young person and/or parents must be informed of the decision to amend, maintain unchanged or cease an EHCP within 4 weeks of the meeting.  

When the LA agree to amend the EHCP it must send you a copy of the EHCP, together with a notice specifying the proposed amendments – in Central Bedfordshire, they call this an amendment notice. The LA must also send any evidence which supports those amendments.    

The Young person/parent has 15 calendar days to comment and make any representations on the proposed changes, including requesting a particular nursery/school/college to be named in the EHCP. In most instances the LA are able to give longer than 15 days should it be needed and asked for it, but it is not guaranteed.   

The Young person/parent can also request a meeting with the LA to discuss their views at this time.  

Be aware that an amendment notice will leave section I- placement blank.

A school/college will only be named on a final EHCP.  

A finalised plan must be issued within 8 weeks of the first amendment notice being issued.

It should include a letter giving the rights to appeal.

It is important to keep copies of both the EHCP and this letter. 

ANNUAL REVIEW CHECKLIST https://www.ipsea.org.uk/annual-review 

Annual Reviews of an EHC Plan | Central Bedfordshire SEND Local Offer

EHCP Annual Review Toolkit | Central Bedfordshire SEND Local Offer