SEND reforms and Statements of Special Educational Need

What is a transfer review?

A transfer review replaces the annual review in the academic year that the child or young person transfers to the new SEND system. The review must be completed within 12 months of the date the Statement was issued or of the previous annual review.

A transfer review requires an EHC needs assessment to decide what needs; outcomes and provision should be included in the EHC plan. This should include education, health and social care needs. In many cases the assessment information in existing Statements will be used. In fact the local authority must not ask for further advice if the advice it has already is sufficient, but you can disagree if you do not think it is and then the authority has to get new advice. Before existing advice is used, the person who provided the advice, the local authority, the child’s parents or the young person must all be satisfied that the advice is “sufficient for the purposes of an EHC needs assessment”.

You, your child or the young person must be invited to a meeting as part of the transfer review.

A transfer review ends when the local authority sends you (or the young person) a copy of the final EHC plan, or when it informs you (or the young person) that an EHC plan will not be issued. The local authority must finalise the EHC plan, where one is needed, within 18 weeks of the notified start date.

For moves between school stages there are particular deadlines for the issue of EHC plans. These are:

  • 31 May 2015 if the child or young person will transfer from secondary school to a post 16 institutions on 1 September 2015. In subsequent years the deadline will be 31 March in the calendar year that the child or young person transfers from secondary school to post 16 institution
  • 15 February in the calendar year of the child’s transfer in any other case.

Once the transfer process starts, your rights to appeal to the Special Educational Needs and Disability Tribunal under the Children and Families Act 2014 replace those you had under the Education Act 1996.