This article covers the transition years and the EHCP in deeper detail. Transition years are the years in which a child moves to a new phase of education. The EHCP plan must be reviewed and amended during a transition year before a specific deadline. Further information about schools can be found on IPSEA, and families can attend the Empowering Families Event in September 2024 to find out more.
What are transition years?
Transition years are the year in which your child moves to a new phase of education. A transition year is detailed in Regulation 2 of the SEN and Disability Regulations 2014:
(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.
This is often called a “phase transfer”.
What happens to an EHCP during a transition year?
Regulation 18 of the SEN Regs states that the EHC plan must be reviewed and amended before -
(a) 31st March if the transfer is from secondary school to a post-16 institution
(b) 15th February in any other case, or
(c) If a young person is moving from one post-16 institution to another post-16 institution at any other time, at least five months before that transfer takes place.
Transition Review Meeting:
An annual review meeting must be held to start the annual review process in the autumn term of the year before the child or young person moves to a new school. These are called Transition Review Meetings.
Following The Transition Review Meeting:
1. LA reviews the plan;
2. LA sends proposed amendments and a copy of the plan (with section I left blank) to the parent or young person within four weeks of the transition review meeting;
3. The parent or young person has at least 15 days to respond to the LA’s proposed amendments/content of the plan and to either request that a particular school be named (see our blog choosing a school for more information);
4. LA issues a final amended plan, with notice of appeal rights, by the statutory deadlines in Regulation 18.
For more details about schools, see the IPSEA information.
Questions & Queries:
What if my school doesn’t arrange a transition review in the Autumn Term?
Ask the school to arrange a meeting. If they don’t, make a formal complaint to the LA using this model letter.
What if I don’t get a decision and proposed amendments or final plan in the timescales?
Put in a formal complaint to your LA using this model letter.
What if I don’t get an update naming the next placement by 15th February or 31st March?
You should make a formal complaint to the Director of Services at your LA, stating that your child has an EHCP, is in a transition year, and the LA has failed to update their EHCP to name their subsequent placement by the statutory date.
Where else can I get information?
• IPSEA
So where do I go from here, how can Empowering Families of Children with SEND Ltd help me?
We have put together a full support package to help families to navigate the Transition process. There’s an easy-to-follow webinar where Anna and Sarah talk you through, step by steps including scenarios and examples.
They talk you through the SEND law that supports an application and give real examples of SEND myths and wrongful LA policies and how to challenge these. This is also invaluable information should you not be happy with the outcome of your Transition Review.
The accompanying support package gives you timelines, example reports, and ‘fill in the blank’ templates to make the process as uncomplicated as possible.
Find the webinar and accompanying support pack here.
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