Weekend Deadline
If 15 February falls on a Saturday or Sunday, the expectation is that the local authority should issue the amended EHCP by the preceding working day.
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EHCP Phase Transfer Deadline: What Happens in February?
Parents sometimes contact us asking which statutory deadline applies in February for children transferring from primary school to secondary school, and what happens if that date falls on a weekend.
For children moving from primary to secondary school, the key statutory deadline is 15 February. By this date, the local authority must issue a final amended EHCP naming the secondary school the child will attend in September.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains why this deadline is so important.
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Book on EventbriteEHCP Phase Transfer Deadline: What Happens in February?
Beverley Watkins explains the 15 February statutory deadline for children moving from primary to secondary school, why the final amended EHCP matters and what parents should consider if the deadline is missed.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
15February
For a child transferring from primary to secondary school, the final amended EHCP must be issued by 15 February.
The plan should name the secondary school the child will attend in September. Once the final plan is issued, parents can appeal to the SEND Tribunal if they disagree with the school named.
Why 15 February Matters
The final amended EHCP must name the school placement. Once that final plan is issued, parents have a right of appeal to the SEND Tribunal if they disagree with the named school.
Receiving the final EHCP as early as possible is important, as appeal time limits begin from the date the final plan is issued.
What If 15 February Falls on a Weekend?
Example
If 15 February falls on a Sunday, plans should realistically be issued by the Friday before.
What If You Do Not Receive the Amended EHCP?
If a parent does not receive a final amended EHCP by the statutory deadline, this may amount to an unlawful delay.
Time is critical at this stage, particularly where school placements for September are concerned. In some cases, urgent legal advice may be required and Judicial Review proceedings may be appropriate to compel the local authority to comply with its legal duties.
Has the 15 February Deadline Been Missed?
If you have not received a final amended EHCP by the February deadline, or you disagree with the school named in your child’s plan, 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 have not received a final amended EHCP by the February deadline, or you disagree with the school named in your child’s plan, our specialist Education Law team is here to help.
You can contact us by emailing education@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.