Rotherham SENDIASS

How does this affect those with Statements?

The Statement continues and annual reviews will take place until one of the following happens:

• the local authority decides to cease the Statement;
• the Statement ceases because the young person leaves education;
• there is a transfer review and:
  • an EHC plan is agreed, or
  • the local authority decides an EHC plan is not required.

The SEND Code of Practice says:

During the transition period local authorities will transfer children and young people with statements onto the new system…. No-one should lose their statement and not have it replaced with an EHC plan simply because the system is changing. (9.4)

Transition to EHC plans is staggered over the next four years. In each year local authorities must transfer some groups of children and young people with Statements, and should give priority to other groups.

Between 1 September 2014 and 1 September 2015

Local authorities must also transfer children and young people to EHC plans if they received an EHC plan but had no Statement before 1 September 2014 (some EHC plans were issued as part of the SEN Pathfinder project but they have no legal force as they were prepared before the new law came into effect).

Local authorities must also transfer young people on request to EHC plans if they have an LDA and will continue in education after August 2016.

Local authorities should give priority to children when they move from:

• an early years settings to school;
• infant to junior school
• primary to middle school
• primary to secondary school
• middle to secondary school
• mainstream to special school (or vice versa).

Local authorities should also give priority to those children and young people:

• children in Year 6 not included in the list above (including where the child stays at the same institution)
• in Year 9
• in Year 11
• leaving custody
• who had an EHC plan before 1 September 2014 (some EHC plans were issued as part of the SEN Pathfinder project)
• who move between one local authority and another
• who receive Direct Payments under the SEN Direct Payments Pilot Scheme.

Between September 2015 and 31 March 2018

In each year, local authorities must transfer children and young people to the new system:

• in Year 9
• before they move between
  • an early years settings to school;
  • infant to junior school
  • primary to middle school
  • primary to secondary school
  • middle to secondary school
  • mainstream to special school (or vice versa).

In 2015/16, local authorities must consider a request for an EHC needs assessment from a YP with an LDA, and the LA must issue an EHC plan if one was needed following an assessment.

Between September 2016 and 31st March 2018

In each year, local authorities should give priority to transferring to the new system those children and young people:

• children in Year 6 not included in the list above (including where the child stays at the same institution)
• in Year 11
• leaving custody
• who have an EHC plan issued before 1 September 2014 (some EHC plans were issued as part of the SEN Pathfinder project)
• who move between one local authority and another.