What are phase transfer deadlines and why are they important?

Phase transfer refers to when a child or young person moves between the different phases of education, such as from primary school to secondary school or secondary school to a post 16 institution.

If a child or young person has an Education, Health and Care plan (EHCP), a local authority must review and amend an EHCP if the child or young person is within 12 months of a phase transfer. This is required, at the very least, to name the school or post 16 institution that they will be attending, but other amendments may also be required. The duty to review applies even where the child or young person will be remaining at the same school or other education setting post transfer.

The deadline for phase transfer reviews remains the same every year:

• 31 March in respect of secondary to post 16 institutions

• 15 February in all other cases

The dates are set to allow time for appeal during the summer term. 

In order to comply with these deadlines, a local authority should be conducting the annual review meeting in the autumn term. An annual review meeting should be held following consultations to gather evidence on the child or young person’s progress.  The meeting must be held with at least 2 weeks' notice, and parents are invited to attend. Following the meeting, the Head Teacher/principal or person responsible for a child or young person’s education will compile a report to a local authority.

A local authority must then send proposed amendments and a copy of the draft EHCP (with Section I left blank) to the parent or young person within 4 weeks of the annual review meeting.

Upon receipt of the draft plan, parents and/or young people have at least 15 days in which to make representations on the draft and also to name their choice of school or post 16 institution in Section I. A local authority must consult with the school or post 16 institution and consider any amendments to the draft plan.

Within 8 weeks of the draft plan and before the phase transfer deadlines set out above, a local authority must issue the finalised plan and notify the parents or young person of their right of appeal.

A local authority must comply with its statutory duties and adhere to the strict statutory deadlines. Unfortunately, this isn’t always the case. We can help force a local authority to comply. Equally, if your preferred school or institution isn’t named, you have the right of appeal. Appeals of this nature should always be dealt with promptly.

If you require any assistance, please get in touch. I can be contacted on 01245 453805 or via email at madeleine.oakley@birkettlong.co.uk