What to do if you don’t receive your phase transfer notice regarding your child’s school place

Education law experts offer their advice ahead of the February 15th deadline 

February 15th marks the official ‘Phase Transfer’ deadline – the date by which local councils must issue the updated Education, Health and Care Plan (EHCP) for children who have them, naming the placement or type of school they should attend from September 2022.  

The deadline is important, because it makes sure that the child has the right provision in place to meet their needs, and that families have plenty of time to prepare for the transition, or to appeal the decision if they are not happy with it. 

However, according to data obtained by Simpson Millar as part of a freedom of information request, many councils regularly miss the deadline. In 2019 alone, 81 local authorities in England who responded reported delays. 

The total figure for delays amounted to 10% of the total number of children in England with an EHCP in place; a worrying 1,644 (out of 16,460) pupils. 

Here, education law expert Sarah Woosey explains what you can do if you don’t receive your updated EHCP in time.  

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The Phase Transfer deadline is in place for a very important reason.  

The notification itself confirms the placement the child should attend from the following September. Although February and September seem far aware from each other, the five month lead time allows enough time for transition work to be completed to suit the needs of the child or young person.  

 It also makes sure that there’s enough time to appeal the placement and contents of the EHCP, and for that appeal to be heard in the First-Tier Tribunal (Special Educational Needs and Disability) - more commonly known as the SEND Tribunal - before September 2022. 

Those families who are yet to receive their updated EHCP are understandably very concerned that their child’s needs won’t be met, and in some more cases it can result in children missing the start of the new school year.  

The SEND Tribunal are the busiest they have ever been and it is essential that appeals are made quickly and in time to give the Tribunal the chance to get through all the relevant cases before the summer. The Tribunal are excellent at trying to accommodate such cases but if decisions are not made by the statutory deadline then it is inevitable that there will be some delays.  

If a local authority has not yet reviewed a plan or you get to 15th February and no decision is received then do seek legal advice as it may be that judicial review proceedings (or the threat of such proceedings) are needed.  

Cover photo By Monkey Business Images on Canva