Education law

Deadline fast approaching – primary phase transfer for children with EHCP

Introduction – Primary Phase Transfer

The DEADLINE for naming primary phase transfer placement is fast approaching for children transferring from early years to school, infant to juniors or primary to middle school with an Education Health and Care Plan. For those who have not yet received their amended plan, it can be an anxious wait until 15 February; the day on which all EHCP’s for primary phase transfer in should have been finalised and issued.  By now, those children transferring school phase should have undergone a review of their EHCP and some may have already received an amended EHCP naming placement from September 2022 in Section I.

What if I am not happy with the school named in my child’s EHCP?

If the local authority has issued a final EHCP and you are unhappy with the setting named in section I, you have the right to appeal the local authority’s decision in the First Tier Tribunal. You have two calendar months to lodge the appeal but should act quickly because time is of the essence ahead of transition in September and the tribunal may well receive an influx of these appeals at the same time. If you are only appealing Section I of the EHCP you do not need a mediation certificate. If you intend to open any other appealable sections of the EHCP, a mediation certificate would be required, and we suggest you make enquiries with the relevant mediation services as soon as possible.  

What should I do if a review has not been carried out?

If your child is transferring schools and the local authority has not yet arranged a review, you should contact your local authority representative as soon as possible to arrange this as the Local Authority is in breach of its statutory duty.

You have a right to complain to the local authority if they have not issued an amended EHCP following review by 15 February or otherwise may consider a public law remedy arising from the Judicial Review process.

Contact

If you would like advice or assistance in relation to the above, please contact Senior Associate, Polly Kerr, who leads the Education team at Tees, on 01763 295854 or by email at polly.kerr@teeslaw.com.

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