The Post-16 EHCP Deadline
31st March 2026 is a key deadline for young people with Education, Health and Care Plans (EHCPs), and their families. This is the deadline by which Local Authorities must issue a phase transfer EHCP for any young person transitioning between secondary and post-16 education. By 31st March 2026, each young person transitioning to post-16 education should have confirmation of where they will be attending come September 2026, by way of an amended EHCP.
This deadline is enshrined in legislation and is therefore not flexible. This date is there to allow young people with Education, Health and Care Plans to have certainty as to their next phase of education, with sufficient notice to allow transitions to take place properly. This deadline should also allow those wishing to challenge their assigned post-16 educational placement sufficient time to do so through the Special Educational Needs and Disability Tribunal, before the start of the next academic year.
What Happens If the Deadline Is Missed
Unfortunately, it is often the case that Local Authorities do not issue their post-16 phase transfer EHCPs on time. Where a Local Authority fails to meet this deadline, young people and their families may wish to consider sending a pre-action protocol letter to challenge their Local Authority on this failure.
What to Do Next
It is important that young people and their families receive their post-16 phase transfer EHCPs as soon as possible and and in any event by 31st March 2026, so that if necessary they can lodge an appeal with the SEND Tribunal as soon as possible. Many families will be aware, the SEND Tribunal has significant delays with a very high number of appeals to deal with at this time.
Whilst the Tribunal does seek to prioritise phased transfer appeals so that they can be concluded before the start of the next academic year, there is a finite amount of availability for Hearings. It is therefore important that if a young person or their family wishes to challenge the placement named from September 2026 in their phase transfer EHCP, that any appeal is lodged as soon as possible to have the best possible chance of securing an earlier Hearing date.
Need Advice?
If a young person or their family find that they do not receive their phase transfer EHCP by 31st March 2026, or wishes to discuss appealing the contents of that phase transfer EHCP, the expert education lawyers at HCB are available to have a confidential free-of-charge consultation discussion with a view to potentially sending a pre-action letter if appropriate, or assisting in an appeal to the SEND Tribunal.
If you would like to discuss any concerns about the upcoming phase transfer to post-16 education from September 2026, you can contact the education team on 0333 202 7175 or education@hcbgroup.com