Understanding phase transfer EHCP deadlines is crucial for parents and carers of children with special educational needs. These deadlines determine when Local Authorities must finalise Education, Health and Care Plans (EHCPs) during key transitions in a child’s education.
This guide explains what a phase transfer is, the statutory deadlines, what happens if the Local Authority misses them, and your right to appeal if you disagree with the named placement.
What Is a Phase Transfer?
A phase transfer occurs when a child moves from one stage of education to another. Common examples include:
- Nursery to primary school
- Infant to junior school
- Primary to secondary school
- Middle school to secondary school
- Secondary school to post-16 education
During a phase transfer, the Local Authority must review and update the child’s EHCP so that it accurately reflects their needs and names the correct next placement.
The 15 February EHCP Phase Transfer Deadline
For children transferring between school phases, Local Authorities have a statutory duty to issue a final EHCP by 15 February each year.
The final EHCP must name, in Section I:
- The placement your child should attend for the remainder of the current academic year
- The placement they should attend from the following September
This deadline is designed to give families clarity and certainty well ahead of the new academic year.
Different Deadline for Post-16 Phase Transfers
The 15 February deadline does not apply to children transferring into post-16 education.
For post-16 transfers, Local Authorities have until 31 March each year to issue the statutory amendments to the EHCP.
Why the Phase Transfer Period Can Feel Overwhelming
We understand that phase transfers can be an incredibly stressful and uncertain time for both parents and children. The Local Authority’s decision on your child’s placement for September can have a long-term impact on a child’s education, development, and wellbeing.
If you believe the proposed placement will not meet your child’s needs, specialist legal advice can make a crucial difference. Our dedicated team at HCB Solicitors supports parents and carers through the SEND Tribunal appeals process to help secure appropriate and legally compliant education provision.
What If the Local Authority Misses the 15 February Deadline?
If your Local Authority fails to issue a final phase transfer EHCP by 15 February, early action is essential.
Contacting our specialist SEN team promptly can help to:
- Identify the cause of the delay
- Minimise disruption to your child’s education
- Challenge the Local Authority where necessary
- Secure the final phase transfer EHCP without further delay
Delays can have serious consequences, particularly where suitable placements are oversubscribed.
What If You Disagree With the Named Placement?
Even where the Local Authority meets the deadline, you may still disagree with the school or setting named in Section I of the EHCP.
In these circumstances, you have the legal right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), commonly referred to as the SEND Tribunal.
Our SEN solicitors can assist with:
- Appealing the named educational placement
- Amending Section B (needs)
- Amending Section F (provision) to ensure it is specific and quantified
- Appeals relating to the health and social care sections of the EHCP
Clear, specific, and enforceable wording is essential to securing the support your child is entitled to receive.
Act Quickly: SEND Tribunal Delays Are Increasing
The SEND Tribunal is currently experiencing significant delays. Although some hearing slots are reserved for phase transfer appeals, demand has exceeded capacity for several years.
As a result, some hearings take place after the phase transfer should already have occurred.
Submitting an appeal as early as possible gives you the best chance of securing a hearing before the end of the academic year. We can begin preparing your appeal immediately and lodge it as soon as the final phase transfer EHCP is issued.
Need Help With a Phase Transfer EHCP?
If you are approaching a phase transfer, facing missed deadlines, or disagree with a placement decision, early specialist advice can protect your child’s educational future.
Our dedicated team at HCB Solicitors is here to guide you through every stage of the process with clarity, expertise, and care.
