As the summer holidays are in now in full swing, many children/ young people and their parents are looking forward to their new school placement come September. For many this is an exciting time, however, for children/ young people with special educational needs and disability, this can be a very stressful period for them and their families. With any change of educational placement, comes to the uncertainty as to whether that placement will be able to meet the special educational needs of the child/ young person.
When a child/ young person with special educational needs and disabilities, has an Education, Health and Care Plan (EHCP), they should have received notice of their next educational placement in February for primary/ secondary placements or March for Post-16 placements. Alternatively, if they had to bring an appeal to the Tribunal, they may still be waiting to find for confirmation of what placement will be named in the EHCP come September 2025.
If a child/ young person has an EHCP, their new educational placement should receive a copy of the EHCP and any records relating to their special educational needs, including individual education plans, before they start their new educational placement. This allows the new educational placement to be familiar with how best to meet the child/ young person’s needs. Children/ young people may also undertake enhanced transition processes in order to familiarise themselves with the new educational setting and to get to know the new people who will be supporting them. Enhanced transition processes can look different for every child/ young person. If you are concerned as to the transition of your child/ young person’s education into their new educational placement, you can speak to your child/ young person’s EHCP co-ordinator at the Local Authority, or the SENCO at their new setting.
If, once your child/ young person starts at their new educational setting, it becomes apparent that they are struggling or that their needs are not being met, what can parents do to resolve this?
The first step would be to speak to the SENCO, at the setting. Holding a meeting with the SENCO might be sufficient to resolve any issues. If it is not, the SENCO may suggest holding an emergency annual review. Equally, if you feel that your child/ young person requires different or more special educational provision to meet their needs, or if you are concerned that the educational placement isn’t right for them, you can ask the setting to hold an emergency annual review.
An emergency annual review is an annual review which is held early in the year to discuss any significant changes that are required to the EHCP, for example, if a child/ young person’s needs have significantly changed, if it is clear they require substantially different special educational provision or if there are concerns that the educational placement is not a suitable educational placement for them. In an emergency annual review, there should be a discussion as to whether changes are required to the content of the EHCP. If you do not feel that the school is a suitable educational placement, even with a substantial change of special educational provision, you can ask that the educational placement named in Section I of the EHCP be changed.
Once an emergency annual review has been held, the Local Authority will have to decide within four weeks whether they will be amending the EHCP. If the Local Authority agrees to amend the EHCP, they will send you an Amendment Notice and allow you 15 days to respond. Thereafter, a new final EHCP will have to be issued within 12 weeks of the date of the annual review. If the Local Authority refuses to amend the EHCP, or if you are unhappy with the contents of a final EHCP including the school named in Section I of the EHCP, an appeal can be submitted to the Special Educational Needs and Disability Tribunal.
If you are concerned with about whether your child/ young person’s education setting is meeting their special educational needs, there are many points at which an educational lawyer may be able to step in and assist you. An education lawyer can attend an annual review with you in order to represent you and your child/ young person’s best interests. Equally, an education lawyer can assist in responding to an Amendment Notice or should you need to bring an appeal to the Special Educational Needs and Disability Tribunal.
If you would like to discuss any concerns you have with your child’s educational placement, currently, or from September 2025, you can contact the education team on 0333 202 7175 or education@hcbgroup.com.
