With the 31st of March deadline looming for Education, Health and Care Plan (EHCP) phase transfers – that’s moving from secondary to college, or post-16 to post-19 provision – many families are understandably anxious. If your local authority (LA) fails to meet this crucial deadline, rest assured, not everything is lost.
Here’s a breakdown of your what you can do.
- Demand a Written Explanation: Immediately request a written explanation from your LA detailing why the final phase transfer plan hasn’t been issued, and when you can expect it. Keep detailed records of all correspondence.
- Remind them of their Legal Obligation: Remind your LA of their legal duty. The Special Educational Needs and Disability (SEND) Code of Practice requires that they must name the next placement by the 31st of March in a phase transfer year. This is to allow enough time for transition planning and, if necessary, an appeal to the SEND Tribunal.
- Emphasise the Impact: Clearly explain the impact the delay is having on your child’s well-being and your family’s peace of mind. Your experiences are important and must be taken seriously.
- Seek Professional Support: Don’t hesitate to contact a specialist SEN solicitor for assistance. You don’t have to navigate this process alone
How we can help
Delays from the local authority should not add needless stress to families. If your child has an EHCP and you’re concerned about a missed deadline, remember that you have legal rights. You are entitled to clear answers and timely decisions. At Enable Law we have decades of experience representing families to access the right education provision for their children. If you want to have a friendly, confidential chat with Brooke Manning or a member of our team about ways we may be able to help you call us today on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient to you.
