Upcoming EHC Plan Deadlines

Posted

The EHCP process has specific deadlines for February and March each year that are important for parents and carers to be aware of. These deadlines help ensure that children and young people receive timely and appropriate support. Here's a summary of the typical deadlines during those months:

February 2026

The deadline of 15^th February 2026 is particularly important for phase transfer EHCPs, which apply to children and young people who are transitioning between key stages of education, such as Primary to Secondary School (Year 6 to Year 7).

15^th February 2026 is typically the latest date by which the local authority must issue a final EHCP for children or young people transferring from primary to secondary or secondary to post-16 education in the academic year 2026/2027. As 15^th February is a Sunday in 2026 the local authorities should issue the plans by 13^th February however, it is likely that some will be issued on 16^th February.

What happens if the deadline is missed?

If the final EHCP is not issued by 15^th February, local authorities may not have enough time to make necessary provisions, and the transition could be delayed. In such cases, parents may seek advice on their rights as pre-action protocol letter or, judicial review proceedings, may be needed.

March 2026

The March 31st deadline for phase transfer EHCPs is another crucial date in the EHCP process, especially for children and young people transitioning to post-16 education.

It is the final date by which local authorities must issue a final EHCP for young people who are transitioning from secondary to Post-16 Education (Year 11 to Post-16): This applies to young people moving from secondary school to post-16 education, such as college, apprenticeships, or other post-16 settings.

The Process Leading Up to the 15^th February and 31^st March Deadlines:

Phase Transfer Annual Reviews:

Before these deadlines, the annual review must take place to discuss the child's needs for the new phase of education. This typically happens well in advance to allow time for the review, gathering of evidence, and any updates needed in the plan.

Consultation with the new setting or school:

For phase transfers, local authorities must consult with the new school or post-16 institution (e.g., a college). The consultation must be done by 15^th February or 31^st March to ensure that the child or young person has an agreed plan for the next phase of education.

Why the 15^th February and 31^st March deadlines are important:

Timely Transition: The deadline ensures that families have the appropriate support in place for the child’s transition to the next phase of education. Without a finalized EHCP, there may be delays in securing the necessary resources or accommodations.

It gives schools, families, and the local authority time to plan for the new educational year. This includes making arrangements for additional support, specialist provision, or accommodations.

Appeal window:

If parents or carers disagree with the contents of the final EHCP that is issued, they have two months from the date of issue to appeal to the SEND Tribunal. It is vital that an appeal is lodged as soon as possible to ensure that your appeal is registered with the SEND Tribunal at the earliest opportunity. The earlier the appeal is lodged the more chances there are of the overall process coming to an end sooner, and most importantly, before September 2026.

If you are unsure whether your child’s EHCP is on track, our Education Law team can help. Please contact:

info@watkinssolicitors.co.uk 0117 939 0350