SNAP Webinar - Transition Review of EHCPs

I spoke with Snap Care on 12 January 2022, to discuss Transition Reviews of Education, Health and Care Plans (EHCPs). Below are some of the questions and answers:

1.    What are Transition Reviews?

EHCPs are legally required to be reviewed annually (as a minimum).   Transition Reviews are a form of Annual Review that are required to take place ahead of a child or young person’s transition to their next stage of education i.e. 

o    Nursery (early years) to primary school 

o    Infant to junior school 

o    Junior to secondary school

o    Secondary school to post 16 education 

The purpose is to consider the EHCP contents (i.e. needs and provision) ahead of the scheduled transition and ensure this is up to date or if amendments are needed. Transition Reviews are also the time for parents, the current school and experts involved, and the local authority to put forward their views on the potential next school or college. 

2.    When do Transition Reviews need to take place by?

Realistically, Transition Reviews need to take place in the autumn term one year before the child or young person transitions to their next stage of education. If the Reviews are held later than this then there is a risk the deadlines for the EHCP naming the next stage placement will not be issued by the legal deadlines.

3.    What are the legal deadlines for issuing EHCPs following a Transition Review?

31 March before the start of the academic year for post-16 Transition Reviews (and at least 5 months before a young person’s transition from one post-16 placement to another), and 15 February for all other stages.  If a LA does issue within these deadlines then parents or the young person can raise with this with the LA via a complaint, or potentially Judicial Review. 

4.    What can parents, or young person, do if they do not agree with the content (i.e. needs, provision and/or placement named) of the amended final EHCP?

Parents or the young person will be given a right of appeal to the Special Educational Needs and Disability (SEND) Tribunal once the amended final EHCP has been issued following the Transition Review. Generally appeals take approximately three months to conclude, so it is very important that the Transition Review, and issuing of the amended final EHCP, happens within time. Otherwise, there is the strong possibility that an appeal will not be resolved before the start of term in September.  This could result in the child or young person being out of a placement entirely and/or a delayed start to school.

5.    What if the LA does not name a placement for September?

It is sufficient for the LA to name a type of setting, and a request for a specific placement can then be made though an appeal to the SEND Tribunal. This is another reason why it is important for the amended final EHCP to be issued by the relevant deadline, to allow time for an appeal as necessary. 

For more information about how the Special Educational Needs team at Boyes Turner can help you with Transition Appeals, please email them at senexpertsolicitors@boyesturner.com or call on 0118 467 6547.