This is a term used to describe the time when children transfer from one phase of their education to another. The main points at which a child will transfer are:
However, there are other points of transfer such as nursery to primary and, in some places, where there remains a middle school system, these points of transfer are also to be treated as a phase transfer for the purposes of the Children and Families Act.
Although the phrase ‘phase transfer’ technically applies to all children in education, the law sets out specific requirements for those children with an Education, Health and Care plan (EHCP) for when they transfer.
When a child with an EHCP is due to transfer to a new stage in their education, their Local Authority must carry out a ‘phase transfer review’ within the 12 month window of transfer. This is an annual review but there should be specific focus on the next phase of the child’s education. In most cases, the review meetings should happen in the autumn term of the year of transfer to ensure that relevant information is available but also, to ensure that there is sufficient time for the process to conclude prior to the child leaving their current setting.
The following steps must take place in an annual review:
Although the date of the review meeting determines the specific deadlines that a local authority must work to, there are also statutory end points.
For young people transferring from secondary school to a post-16 institution, the final amended EHCP must be issued no later than 31 March in the year of transfer.
For all other transfers, the deadline is 15 February in the year of transfer.
The usual timeframes for appealing an EHCP to the Special Educational Needs and Disability Tribunal apply. This means that any appeal must be lodged within 2 months of the date on the decision letter which accompanies the final EHCP, or within 1 month of the date of the mediation certificate, whichever is later.
If an appeal is lodged against only section I of an EHCP then there is no requirement for the parents or young person to secure a mediation certificate though we would often advise that those needing to appeal the placement named in an EHCP, also pay close attention to the content of the other sections of the EHCP and challenge multiple sections if it is appropriate to do so. Expert advice can often be helpful at this point.
The Tribunal can overturn the decision made by the Local Authority and order that the child or young person attends a different school or setting. There are some rules around whether a placement can be forced to accept a child or young person if they have not agreed and this depends on the type of setting.
If the school or college is:
the Tribunal can order that the child or young person attends even where the setting itself does not agree.
The Tribunal run phase transfer appeals on a shorter timetable than other appeals and they try, where possible, to ensure appeals are concluded prior to the summer holidays. This can differ depending on the availability of judges, how promptly appeals are made and the specific circumstances of an appeal.
If you find yourself in need for advice or representation in relation to an issue around phase transfer and/or a different SEN issue then do not hesitate to click here in order to request a free telephone consultation.
References:
Children and Families Act 2014
The Special Educational Needs and Disability Regulations 2014
SEND code of practice: 0 to 25 years – GOV.UK