What is A Phase Transfer?

This is set out in The Special Educational Needs and Disability Regulations 2014 (SEND Regulations) under regulation 2. The definition is a transfer from certain years in education to others such as:

1. Relevant early years education to school;
2. Infant school to junior school;
3. First school to middle school; (if you are in a three tier system)
4. Primary school to secondary school;
5. Middle school to upper school; or
6. Secondary school to a post-16 setting

How does a phase transfer impact the annual review process?

Your annual review may have to take place earlier than usual if your child or young person is due to have a phase transfer. Typically, these annual reviews should take place in the autumn term before the start of the next academic year.

The annual review that takes place will be the usual annual review and therefore other sections of the plan will be considered. You should still raise proposed amendments to the other sections of the plan during the meeting. It is important that you put forward your parental preference school(s).

What should I do if I have not had an annual review notice?

You should call an emergency annual review and state that the reasons for this is because your child or young person will be entering a transition of education in the next academic year.

What are the important dates I need to know?

• Autumn term - Be aware that you may have to call an early annual review in the autumn term if you do not receive a notice.
• 15^th February – this is the deadline for phase transfers if your child is moving from primary to middle school or from primary school to secondary school. The Local Authority must have issued an amended plan with the new setting in Section I.
• 31^st March – this is the deadline for phase transfers if your young person is moving from secondary school to a post-16 setting. The Local Authority must have issued an amended plan with the new setting in Section I.

If your young person is moving from one post-16 setting to another, the annual review and amended EHC Plan must be issued at least five months before the transition.

What should I do if I disagree with the placement named in Section I?

You should lodge an appeal with the SEND Tribunal. We would recommend lodging a contents appeal of Sections B, F and I. Even if you are happy with Sections B and F there are usually recommendations that have not been included or the wording in Section F will need to be specified and quantified.

You do not have to engage in mediation. Given you will be lodging an appeal for a phase transfer placement, the sooner you get your appeal lodged the better. The SEND Tribunal holds limited hearing dates, and you want to ensure that you get the earliest hearing date possible.

What should I do if Section I is left blank?

It is very important that you lodge an appeal with the SEND Tribunal. Section I may have been left blank because your Local Authority are waiting for consultation responses or, maybe they have not sent out consultation requests at all.

It is vital that you lodge your appeal as soon as possible to ensure the Local Authority start consulting with your parental preference school(s) as well as the local mainstream schools to you so that both you and the Local Authority can put forward your school options to the SEND Tribunal.

Do not wait to lodge an appeal on the basis that your Local Authority has said a panel meeting may take place in the next couple of months. Panel meetings can be cancelled or moved, and it can often leave children or young people without school placements for much longer than necessary.

It is always better to lodge your appeal and then withdraw it if the matter does settle rather than lodging an appeal that is too late.