Ensuring that your child gets access to the education they need to succeed is a paramount, and an EHCP can help you to do that if your child has special education needs. Here, we explain how EHCP school placements work and what you need to know.
What to expect for EHCP school placement deadlines
Children and young people with an Education, Health and Care Plan (EHCP) moving from one stage of education to another, and at other times detailed below, require an amended EHCP to be issued in advance of this transfer.
Where a child or young people is within 12 months of moving between phases of education, their local authority must review and amend, where needed, their EHCP before:
31 March, in the calendar year of the child/young person’s move from secondary school to post-16 education, and
15 February, in the calendar year of the child’s transfer in any other case. [Regulation 18, SEND Regulations 2014]
The 15 February deadline applies to children moving from:
Early years education to primary school
Infant to junior school
Primary/first to middle school
Primary to secondary school
Middle to secondary school
Where a young person moves from one post-16 placement to another at any other time, then their local authority must review and amend their EHCP at least five months before the transfer takes place.
The above are deadlines are legally enforceable, and the local authority must comply. It is important for parents and carers to be aware of them.
What if I have a dispute about my child’s EHCP school placement?
The deadlines given for school placements allow time for any disputes (particularly where it concerns the placement itself) to be raised and resolved.
This include time for mediation between the parents or carers and the local authority to be considered or engaged in, and for an appeal to the Special Educational Needs and Disability Tribunal to be concluded.
There is then time after this process for the school the child is moving into be appropriately prepare for their entry, as well as undertaking any transition visits for the child.
Can I request a specific EHCP school placement?
An annual review of the child’s EHCP will typically be held in the autumn term, in the current placement. Discussing placement preference will happen at this stage, so it is advisable to research and view, wherever possible, placement options for your child ahead of time.
Parents and carers can find out the schools and colleges available via their local authority’s Local Offer. A list of independent special schools and colleges can be found on the GOV.uk website here.
The local authority’s decision following the annual review meeting must be provided to parents or carers within four weeks of the meeting, and an amended final EHCP will follow.
If an amended final EHCP is not issued by the above deadline, it is strongly recommended that parents and carers seek independent legal advice to discuss the options available to them. At Slater and Gordon, our expert education law and SEN solicitors have many years of experience supporting parents, carers and their children to secure access to the best possible education provision.
Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven.
5* Client review for Gurvinder Samra
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams.
5* Client review for Gurvinder Samra
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Gurvinder Samra at Slater & Gordon has a brilliant way of asking specific questions that force local authorities to fulfil their statutory duties. After a complex two year battle, our LA agreed to fund the only appropriate provision for our child and this was expedited and seen over the line by Guv, saving our family from tribunals and further detrimental and unfair delays. She took the time to quickly understand the case and her interactions with our LA were respectful, clear and resolution driven. 5* Client review for Gurvinder Samra
We cannot thank Gurvinder Samra enough for her help securing a fantastic residential college placement for my 21-year-old daughter, who has cerebral palsy and complex needs. Before her involvement, we were struggling to get the care and resources we desperately needed, and felt lost in the process. Gurvinder navigated the complex legalities with professionalism and compassion, and truly listened and understood the needs of our family. A true advocate, she worked tirelessly and has definitely changed our lives beyond our wildest dreams. 5* Client review for Gurvinder Samra