31st March – a key date for young people with EHCPs who are due to transition to post 16 placements in September 2022
The 31st March is the statutory deadline by which time a young person should have received their final amended Education, Health and Care Plan naming their post 16 placement.
We, as specialist SEN Solicitors, would expect that all transition annual review meetings would have taken place in the Autumn term (September – December 2021) followed by the Local Authority issuing each young person with an amended draft Education, Health and Care Plan for consideration. At this time, parents and the young person should have been given the opportunity to put forward their preference of post 16 placement. It is often at this time that parents may instruct specialist SEN Solicitors to represent them.
It is very important that Local Authorities are held to account in respect of this upcoming deadline. This is because, if the Education, Health and Care Plan needs to be challenged via the Special Educational Needs and Disability Tribunal, particularly in respect of the post 16 placement that has been named by the Local Authority, then parents need to make sure their appeal is lodged as early as possible in April. This is so that the appeal does not run on into the new school year. Any delays can result in the young person being unable to start at their preferred post 16 placement in September 2022. Unfortunately, our specialist education law team, have seen this happen on many occasions due to the local authorities failure to act in accordance with the statutory timescales.
If you are a parent who has not yet received a draft amended EHCP following your child’s transition annual review or you do not receive a final amended EHCP by 31st March 2022, please get in touch with our specialist education law team who can assist.