Transitions can be difficult for children and young people with special educational needs and disabilities (SEND). The move to a new class, a new teacher, or a new school needs time, planning, and clear communication. This guide explains your child’s legal rights during transitions, what local authorities (LAs) must do, and key terms you may hear along the way.
What Is an EHCP?
An Education, Health and Care Plan (EHCP) is a legal document that describes your child’s additional needs and the support required to help them learn and thrive. It can cover ages 0–25, if they still need special educational provision and are in education or training.
The plan must be specific, detailed, and legally enforceable so that education, health, and social care professionals understand how to meet your child’s needs.
Legal Deadlines and Timelines for EHCPs
The deadlines below apply to England and are legally binding. Staff shortages or funding pressures are not lawful reasons for delays.
| Process / Stage | Legal Deadline | What This Means for You |
|---|---|---|
| Requesting an EHC Needs Assessment | LA must respond within 6 weeks | You must receive a written decision stating whether they will assess. Always make requests in writing and keep copies. |
| Assessment to Decision on EHCP | Must be decided by 16 weeks from the original request | By week 16, the LA must either: (a) refuse to issue a plan or (b) continue to draft one, which must be finalised by week 20. |
| Finalising the EHCP | Must be complete within 20 weeks of the original request | The complete, signed EHCP must be issued within 20 weeks. Only limited exceptions allow delays (e.g. long school closures). |
| Annual Review of EHCP | At least once every 12 months | Reviews check whether needs, support, and placement are still correct. You can request an early review if things are breaking down. |
| Year 6 Transfer to Secondary | Plan must name the secondary school by 15 February | This ensures enough time for transition planning, visits, and support. |
| Post-16 Placement (Year 11) | Plan must name the setting by 31 March | Applies when moving to college/sixth form at the usual time. Start visiting early in Year 10. |
| Other Moves Between Post-16 Providers | EHCP must be amended at least 5 months before transfer | Applies to moves that are not at the usual Year 11 transition point. |
| Appealing a Decision | Within 2 months of LA decision letter OR 1 month from mediation certificate (whichever is later) | You can appeal decisions about assessment, issuing a plan, ceasing a plan, contents or placement. Seek advice promptly if you disagree. |
What Good Transition Should Look Like
Effective transition support makes school changes safer, less stressful, and much more positive. Planning should start early and be focused on your child.
Good transition planning should:
- Involve you and your child’s voice
- Be based on your child’s needs, not deadlines
- Include visits when the school is quiet
- Share accurate information between settings
- Explain the support your child needs clearly to the new staff
- Prepare your child emotionally and practically for the change
If your child struggles with change, transitions should be gradual, not rushed.
You can request additional transition support through the EHCP review process.
Requesting an Early Review
You can ask for the EHCP to be reviewed early if:
- your child’s needs are not being met
- their school placement is at risk
- your child’s anxiety or behaviour is escalating
- there is a major change (e.g. new diagnosis, post-surgery, trauma)
Put the request in writing to the LA and the school. Keep copies.
Jargon Buster for Parents
| Term | Plain- English Meaning |
| Suitable / Appropriate School | A school or setting that can meet your child’s needs, not just one that has space or is easiest to fund. |
| Best Endeavours | Schools must do everything reasonably possible to support children with SEND. They cannot avoid support because of budgets or staffing pressures alone. |
| SEN Support | Support given to children with Special Educational Needs in school without an EHCP. Schools should use the Assess, Plan, Do, Review cycle. |
| Statutory | Something set in law. It must happen and can be challenged if it doesn’t. |
| Provision | Support your child needs (e.g. speech therapy, 1:1 support). It must be written clearly in Section F of the EHCP. |
| Section F (EHCP) | The legally enforceable part of the plan. The LA must provide everything stated here. |
| Section I (Placement) | Names the school or setting. When final, the school must admit your child. |
| Phase Transfer | A change between education stages (e.g. nursery to primary, primary to secondary). Special deadlines apply. |
Top Tips for Parents During Transitions
- Keep everything in writing.
- Visit potential schools during quiet times if your child struggles with noise or crowds.
- Ask to meet the SENCO and relevant key staff.
- Share your child’s likes, dislikes, triggers, comfort strategies.
- Request additional transition support if needed.
- Check that the EHCP matches your child as they are now, not who they used to be.
- Don’t wait—ask for help early.
School Transition Planning for Children with SMS