Post 16 education transfer reviews

Posted on 11th Mar 2021 in SEN legislation

If you have an EHC Plan and you are due to transfer from your current secondary school to a post 16 provision in September 2021, the Local Authority must issue a Final Amended EHC Plan naming the post 16 placement that you will be attending in September 2021 by 31st March 2021. This is a statutory deadline.

In order to meet the 31st March 2021 deadline the Local Authority should have already carried out your transition review meeting and should have made a decision within 4 weeks of the meeting to conclude the review. Within a further 8 weeks the LA should have issued the Final Amended EHC Plan.

If you disagree with the placement named in the Final Amended EHC Plan or the description of your special educational needs and special education provision to be delivered you can challenge the LA’s decision. Where a young person has already reached the age of 16 they have a right of appeal to the Special Educational Needs and Disability Tribunal. They can be supported by their parents in any such appeal.

What can you do to ensure your LA meets the statutory deadline?

If your transfer review meeting has not yet taken place, you must ask the Local Authority to complete the review as a matter of urgency.

If your Local Authority fails to issue a Final Amended EHC Plan by 31st March 2021 and continues to delay you can take action against the Local Authority for failing to carry out its statutory duties. In the first instance, a pre action protocol letter would be sent to the Local Authority drawing LA’s attention to its failure to meet the statutory deadline.I f the Local Authority fail to take the necessary action then Judicial Review proceedings could be brought for an Order compelling the Local Authority to issue a Final Amended EHC Plan within a certain timeframe.

If you would like to speak to an experienced SEN Solicitor please call 01452 555166 and ask to speak to Rukhsana.