What should happen when my child moves to a new stage of education?
If your child/young person has an EHC plan and is due to move to a new phase of education there are legal requirements for the review of their EHC plan.
A new phase of education is moving from:
- Nursery Primary School
- Infant to Junior School
- Primary to Middle School
- Primary to Secondary School.
- Secondary to Post 16 provision
- One Post 16 Provider to another
An annual review is necessary to discuss the transfer to a new education setting and must take place in time for changes to be made to the EHC plan and to allow the Local Authority to consult with and name a placement within the statutory timescales.
When a child or young person is moving from:
- Nursery to Primary School or Primary to Secondary school the Local Authority must name the school in the EHC Plan by 15th February in the year they will make the transfer to the new school or placement.
- Secondary to Post 16 college or placement must be named in the EHC plan by 31st March in the year they will transfer to the new phase of education.
- A Post 16 placement to another Post 16 provider the EHC plan must be reviewed at least 5 months before they are due to move to the new placement.
This means that an annual review should take place in the autumn term before your child/young person is due to move to the new education setting.
You can find further information on what should happen when your child/young person is moving to a new stage of education through the links and documents below.
SEND Guide Transitioning to Secondary School
What if I move to a new area and my child has an EHC Plan?
If your child/young person has an EHC plan and you move to a different Local Authority there are legal processes that must be followed.
Parent/Carer
- Letting them know beforehand will allow your current local authority to prepare for the transfer of the EHC plan.
- The Local Authority where you currently live must transfer the EHC plan to the new Local Authority on the day you move or within 15 working days of the new Local Authority becoming aware of the move.
- Contact the SEN team in your current area and give them your new address and the date you intend to move.
Current Local Authority
- The current Local Authority must transfer the EHC plan and the opinion it has reached under the Disabled Persons Act 1986 on whether they consider your child is disabled. If your child/young person does not have an EHC Plan but a statutory assessment is in progress, the local authority must transfer all the information and advice it has received in relation to the assessment and the assessment request to the new authority.
New Local Authority
- The new authority becomes responsible for maintaining your child’s EHC plan and for the special educational provision specified in it once the plan has been transferred. There is an expectation that your child/young person will continue to attend the educational placement named in the EHC plan but where this would not be practical, for instance, the distance to the school being too far, the new authority must place your child temporarily at an appropriate educational placement.
- The new authority may arrange for the review of the EHC plan orconduct a new assessment regardless of when the previous assessment took place.
- The new authority must tell you within 6 weeks of the date of transfer, when they will review the EHC plan or whether they propose to carry out a new EHC Assessment
- The new Local Authority must review the EHC plan before one of the deadlines below whichever date is the latest. Either:
- Within 12 months of the EHC Plan being made, or reviewed by the last Local Authority
- Within 3 months of it being transferred to the new Local Authority
EHC needs assessment in progress when you move
- The new authority has to decide whether it needs to carry out an EHC needs assessment using the information provided by the previous Local Authority and notify you of their decision.
Useful resources
Moving to a new local authority | (IPSEA) Independent Provider of Special Education Advice
What if I am not happy with something about my child/young person’s EHC plan?
What are the legal duties within an Education Health and Care Plan
- Special Educational Provision in an EHC plan is delivered
The Local Authority has an absolute duty under Section 42 of the Children and Families Act 2014 to ensure that the special educational provision in Section F of an EHC plan is delivered. You may think the placement is not providing the provision in Section F of the EHC plan or they are saying that there is not enough funding for them to put the provision in place.
The placement can contact the Local Authority to advise them of the difficulties they have in delivering the provision. The funding attached to the plan is not something you can appeal, but if the placement cannot provide the provision without further funding, then the Local Authority will not be fulfilling their legal duty.
You may find this link helpful on explaining banding and the law Banding, special educational provision and EHC plans | (IPSEA) Independent Provider of Special Education Advice (external link).
The law focuses on need and provision and therefore if there are funding issues then please ask the placement to refer to the Local Authority directly, as parents and carers must concentrate on the needs of the child or young person identified within the Education Health and Care Plan.
If you wish to make the Local Authority aware that your child/young person is not receiving the special educational provision in their EHC Plan you can further access information on what you can do through the links below:
Taking action when things go wrong with a local authority (ipsea.org.uk) (external link)
Template letter 6: letter to LA when the provision in an EHC plan is not being made (ipsea.org.uk) (external link)
- Ensuring a child/young person receives a suitable education
There are many reasons why a child or young person may find school or college inaccessible. Such as, anxiety or illness.
The Local Authority has a duty under Section 19 of the Education Act 1996:
“Each local authority shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them”
The Local Authority must provide a suitable education for a child/young person who is out-of-school ill, excluded, ‘or otherwise’. This duty applies to all children, whether they have special educational needs (SEN) or not. The word ‘otherwise’ means – for any other reason.
The education provided must also be full-time unless the Local Authority determines that it would not be in the child/young person’s best interests to do so, due to their physical or mental health.
For children/young people with an EHC Plan the Local Authority also has the added duty of providing the provision within the EHC Plan under the Section 42 duty – see information in the previous bullet point.
You may want to visit the Special Needs Jungle website to see their article about suitability and the law: The right to a suitable education: what the law says – Special Needs Jungle (external link)
My child/young person is not receiving an education
If your child/young person is not accessing an education and is of compulsory school age, and you as a parent/carer have not stated you want to educate your child/young person at home, the Local Authority has a duty under the Education Act 1996, Section 19 to provide a suitable education.
The Local Authority also has a duty under Section 42 of the Children and Families Act 2014 to secure the provision outlined in the EHC Plan – see section above ‘What if I am not happy with something about my child/young person’s EHC plan?’
Placements and partners should work together with pupils and parents/carers collaboratively to remove any barriers to attendance by building strong and trusting relationships to put the right support in place.
Placements are expected to be particularly mindful of pupils absent due to mental or physical ill health, or because of their special educational needs and/or disabilities. They should provide them with additional support, pastoral care, and consider reasonable adjustments.
Make sure you engage with any support that is offered. By agreeing to work with the placement, you show that you are willing to find ways that might help your child/young person.
You may also want to consider asking the placement to hold an annual review. If it is not due, you can request an early annual review. Ask if the Local Authority Officer can attend and invite any other professionals, if appropriate.
At a review the EHC Plan can be updated to ensure that it reflects your child/young person’s current needs and the provision to meet those needs identified.
If the needs of the child/young person have significantly changed you may want to consider requesting an education health and care reassessment. This could be an outcome of the review should a review be held.
You could also speak to your child/young person’s doctor (GP) about your concerns. If the GP agrees that your child/young person is not currently able to attend school, they may be able to provide a letter, to give as evidence to the school or local authority for their non-attendance. A GP may also consider making referrals to other services such as CAMHS (Child and Adolescent Mental Health Service).
If the EHC Plan has been reviewed and your child/young person is still not receiving an education, you should make the Local Authority aware of this. Schools/colleges have a ‘best endeavours’ duty under Section 66 of the Children and Families Act 2014 to secure the provision required by a child/young person’s special educational needs.
If school/college continue not to provide any education the absolute duty is with the Local Authority. Once the Local Authority are aware it must look to ensure provision is provided.
Having notified the Local Authority and if your child/young person is still not receiving an education you can make a formal complaint to the Local Authority (challenge decisions), or contact a solicitor to issue a pre action protocol letter which is part of the Judicial Review process.
For more information about Judicial Review you may wish to explore these links (external):
Judicial review | (IPSEA) Independent Provider of Special Education Advice
Judicial Review – SOS!SEN (sossen.org.uk)
Can I seek judicial review? – SOS!SEN (sossen.org.uk)
If your child/young person is not attending school/college due to a long term medical or mental health condition, you can find further information and advice on our SEN Support in the parents/carers section.
For further information about attendance information in parents/carers section.
Additional information (external links):
Children out of school: your top questions answered (ipsea.org.uk)
Education for children out of school – childlawadvice.org.uk
Getting temporary education put in place | (IPSEA) Independent Provider of Special Education Advice
If your child/young person does not have a school/college place
You need to contact the Local Authority as they are responsible for ensuring your child/young person accesses a suitable full-time education and name a placement in Section I.
For more information follow this link to IPSEA’s webpage: Children who do not have a school place | (IPSEA) Independent Provider of Special Education Advice (external link)