Posted: 7th February 2017
Author: CLP

Does Your Child Have Special Educational Needs?

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If your child has special educational needs and is due to transfer to a new phase of education then the 15 February deadline may apply to you!

Local Authorities have a duty to amend Statements of Special Educational Needs (SSEN) or Education Health and Care Plans (EHCPs) by 15 February of the calendar year in which the child is due to transfer from one phase of schooling to another. This includes all phase transfers even when the child attends provision which can run from 03 -19 years. It is particularly important to those children who are due to transfer from primary to secondary education and from secondary education to Sixth-Form education.

To enable Local Authorities to meet the 15 February deadline work must have started already, discussions should have taken place with the Local Authority and by now the Local Authority should have issued the proposed SSEN or EHCP.

The 15 February deadline is important as it gives time to resolve differences with the Local Authority if agreement cannot be reached and importantly allows time for parents to appeal to the Special Educational Needs and Disability Tribunal (SEND).

We are finding that Local Authorities are overwhelmed with work due to the dual system of law with the old law and the new law continuing alongside each other.  With the extra work involved in transferring SSENs to EHCPs we anticipate that many Local Authorities may fail to meet the 15 February deadline.

If you need any advice in relation to your child’s special educational needs please contact us at:

sarah.palmer@childrenslegalpractice.com

or by using the contact form below.

01329 823 322