Phase transfers from primary to secondary

It is that time of year when those with children in year 6 are looking ahead to secondary school options. My daughter is actually in year 5 but I have just booked our first school tour as I anticipate her phase transfer review being held in the summer term. We will be looking for specialist.

If you have an EHCP it is really important to view as many schools as possible, reach out to schools and ask to visit. Many local authorities, including mine start holding phase transfer reviews in the summer term of year 5 and will request your parental preference for secondary then. There is a worrying trend that some local authorities are then finalising EHCPs with a type of placement in section I but no placement stated with a view that this can still be added by the 15th February deadline. However, there are many examples when this has not happened and the parents have lost their appeal window and are at the mercy of the local authority even in to September when their children are due to start. If you get a finalised EHCP it is really critical to be aware of the appeal windows and if you are approaching the end of yours then get an appeal lodged.

Appeal windows

If you feel you need to appeal the placement it is worth considering whether the needs in B and provision in F has everything included and is lawful. This is because your appeal success may depend upon B and F being well written and accurate for their needs.

If you want to appeal section I only you have a right to mediation. You do not have a duty to consider it unlike in other appeals, but you still have the right to it if you want it. You will not receive a mediation certificate either after asking for mediation advice or after attending mediation, and this is important for your appeal deadline if you proceed to appeal.

You need to make sure your section I only appeal is sent to the SEND Tribunal and received by it within 2 months of the date on your LA’s decision letter/ letter enclosing the final EHC plan.  

If you decide to include sections B and/ or F in your placement appeal, you will need to consider mediation first and get a mediation certificate but the deadline for your appeal will be 2 months from the date on your LA’s decision letter or one month from the date on the mediation certificate, whichever is later. Sometimes appealing B and F can be helpful if you are tight on timescales.