Main Phase Transfer Hearing Period
Beverley explains that the Tribunal generally aims to hear phase transfer appeals during these months before the September transition.
Bedminster office
Fishponds office
Kingswood office
Received a Late Amended EHCP for a September Phase Transfer? Already Appealed? What Happens Next
Parents often contact us after receiving a late amended Education, Health and Care Plan (EHCP), particularly where a phase transfer for September is approaching and an appeal has already been lodged.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, answers a parent’s question about exactly this situation and explains the practical steps parents can take next.
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Practical SEN and EHCP information
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Book on EventbriteLate Amended EHCP and a Delayed Phase Transfer Appeal: What Can Parents Do?
Beverley Watkins explains why phase-transfer appeals are especially time-sensitive, what parents can do if a hearing has been listed too late, and why delay can create serious uncertainty around September education.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
Why Timing Matters for Phase Transfer Appeals
Beverley explains that the SEND Tribunal usually aims to deal with phase transfer appeals during May, June and July. These months are particularly busy, which is why it is so important to lodge an appeal as early as possible where there are concerns about a proposed placement or provision.
Hearings Are Very Rare
Local authorities and schools are often on holiday, which makes August hearings unusual and can leave little time before the new academic year.
The New Placement Is Due to Begin
If matters remain unresolved, a child or young person may face uncertainty about where and how suitable education will be provided.
Tribunal hearing dates can fill up quickly. This can leave families in a very difficult position, with some children and young people facing the prospect of having no confirmed education placement for September.
What If Your Appeal Hearing Is Scheduled Too Late?
If you have already lodged an appeal and your hearing date is listed much later than expected, Beverley explains that parents can ask the Tribunal to bring the hearing date forward.
1
Check the Listed Hearing Date
Compare the hearing date with the planned September phase transfer and consider whether the timing risks leaving placement unresolved.
2
Explain the Urgency
Where delay risks leaving a child without suitable education, set out clearly why an earlier hearing is needed.
3
Ask for the Hearing to Be Brought Forward
Parents can make a request to the Tribunal for an earlier date. There is no guarantee that the request will be granted.
This can be particularly important where delays risk leaving a child without suitable education at the start of the new academic year. While there are no guarantees, making a request to the Tribunal can sometimes help ensure the issues are considered sooner.
Support for Parents Navigating EHCP Appeals and Phase Transfers
Late amended EHCPs and delayed appeal timetables can create significant uncertainty for families at an already stressful time.
Our Education Law team supports parents and carers with:
EHCP Assessments and Refusals
Advice where an assessment has been refused or there are concerns about the assessment process.
Late or Amended EHCPs
Support where plans have been issued late or amendments create concerns about needs, provision or placement.
Phase Transfer Disputes
Advice where the proposed September placement or provision is disputed or remains unclear.
SEND Tribunal Appeals
Support with lodging and progressing appeals, including concerns about hearing dates and timescales.
Unclear Provision or Placement
Advice where a child or young person risks reaching September without suitable education provision or a confirmed placement.
We focus on giving clear advice about options, timescales and next steps, so parents feel informed and supported throughout the process.
Concerned About a Late EHCP or Delayed Phase Transfer Appeal?
If your amended EHCP was issued late, your appeal hearing has been listed after the point when a placement decision is needed, or you are worried about September provision, our specialist Education Law team can advise on the position and possible next steps.
Watch the Video and Get Support
The full video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If you are dealing with a late amended EHCP, an appeal that feels delayed, or concerns about a September phase transfer, our specialist Education Law team is here to help.
You can contact us by emailing educationdept@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps.
Education Law TikTok
Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.
Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.