Moving to a new school or college is challenging for any child, but for those with an Education, Health and Care Plan (EHCP) the process can feel especially pressured. Parents often find themselves managing unfamiliar procedures and relying on the Local Authority to meet key legal duties that protect their child’s right to appropriate educational support.
For children transferring from primary to secondary school, Local Authorities must issue a final amended EHCP naming the new placement by 15 February 2026. By the time you read this, that deadline for 2026 will have passed, but the obligation does not change. If they haven’t contacted you, the Local Authority is in breach of their statutory duty. For young people moving from secondary school into post-16 education, the final EHCP naming the new placement must be issued by 31 March 2026. These deadlines are crucial because they give you enough time to appeal to the SEND Tribunal if you disagree with the placement named.
If your Local Authority has missed the deadline, act quickly. Start by using the Authority’s formal complaints process and write to your SEN Officer. Keep a close record of response times and do not allow the complaint to stall. If this does not prompt action, seek specialist legal advice. A Pre-Action Protocol letter can be a powerful tool. It sets out the legal breaches clearly and often encourages the Local Authority to resolve matters without the need for court proceedings.
If you have received an amended plan but believe the placement is unsuitable, you have a two-month window from the date of the decision letter to lodge an appeal. Acting quickly improves your chances of having your appeal heard before the next academic year begins.
Our SEN team can support you at any stage, whether you are challenging delays, disputing a placement, or securing the provision your child deserves.
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