30 March 2023
We want to remind you of the imminent statutory deadline of 31 March by which young people should have received a final amended EHCP naming their post 16 placement. This deadline is in place so that young people have certainty about their placement in September.
Local authorities have a legal duty to:
- review and amend an EHCP when a young person transfers from their secondary school to a post 16 placement or apprenticeship.
- specify the institution a young person will be attending.
This duty is set out in Regulation 18 of the Special Educational Needs and Disability Regulations 2014.
In summary – leading up to the 31 March deadline, you should have had:
- a transition review meeting during the autumn 2022 term
- the chance to consider the young person’s amended EHCP in draft form and to make representation.
- the chance to confirm the school/placement/college you would like to be named in the final EHCP
It is important that the deadline is adhered to in order to give you time to challenge the EHCP and appeal to the SEND Tribunal where necessary. For example, if the local authority does not name the place you want in the final EHCP, you will need to appeal to the SEND Tribunal. Your appeal will need to be lodged as early as possible so that it can be concluded in time for you to be able to prepare for September term.
If you do not yet have a draft EHCP we would urge you to contact your local authority in writing as a matter of urgency and ask them to issue a draft plan immediately. If they fail to do this, you need to remind your local authority that they are in breach of their statutory duty and that they may be acting unlawfully.
IPSEA has a template letter that can be used for this purpose:
Annual reviews in advance of a transfer between phases of education: Model letter 12 (ipsea.org.uk)
If a local authority continues to ignore the statutory deadline, you have the option of seeking advice from a solicitor with a view to their issuing a pre-action protocol letter. A judicial review may be necessary in some cases.
We have the following resources to help you:
- Education Series – Education Health and Care Plans
- Education Rights Series – Young people over 16 with additional needs
- Education Series – Further education
If you have any questions or concerns about the 31 March deadline and your young person’s EHCP, please call our Helpline (Tel: 0333 1212 300).