Phase Transfer is a process that takes place for children and young people with an EHCP.

What is a new phase of education?

This is defined in regulation 2 of the SEN and Disability Regulations 2014 (the “SEN Regs”) as a transfer from:

(a) early years education to school;

(b) infant school to junior school;

(c) primary school to middle school;

(d) primary school to secondary school;

(e) middle school to secondary school; or

(f) secondary school to a post-16 institution.

 

Step by step guide of the Phase Transfer process - 

  • The process should start no later than the Autumn term of the year before the child or young person is due to move from one phase of education to another.
  • The process starts with the LA reviewing the EHCP.
  • Following the review LA sends proposed amendments and a copy of the plan (with section I left blank) to the parent or young person.
  • The parent/carer or young person has 15 calender days to have their say about the content of the plan and to request that a particular place of learning is named.

The local authority then issues a final amended plan with a letter giving parents or the young person the right of appeal by the statutory deadlines which are:

  • 31st March if the transfer is from secondary school to a post 16 placement
  • or 15th February in all other cases

For more information on how to appeal a final EHCP please see our ‘Appealing to the SEND Tribunal’ resource section on our website.