As the summer school holidays draw to an end and families gear up for the ‘back to school’ start of a new academic year there is a lot to remember for parents. In particular for the families that we work with, there are other timescales to be aware of other than when to get the school shoes fitted.

If your child is starting Year 6 this September, then it is time to be thinking about their secondary school application. If your child has an Education, Health and Care Plan (EHCP) you will not follow the usual process of applying for a school placement as this will be dealt with by your Local Authority through the Annual Review process.

This process can seem daunting and unfamiliar and can make parents feel isolated because they are not part of the usual process of applying for school placements that other parents will be going through.

It is important to remember that although you are on a different timescale to other parents this is a statutory timescale. The Local Authority must amend your child’s EHCP by the 15th of February in the year of secondary transfer. This is in order to give you time to appeal to the SEND Tribunal if you are unhappy with the placement that has been named. The Local Authority can issue the amended plan before this deadline and given the delays in the SEND Tribunal system it is imperative that this decision is made as soon as possible.

Our key advice to parents is to start the new academic year by requesting an early annual review for their year 6 child to be held as soon as possible in the autumn term. Ensure that you are ready to request the school that you want named for secondary at this review meeting. If you aren’t ready to do this, then be in a position to request a type of school and prepare a list of schools you would like the Local Authority to consult with. Remember that if the maintained school sector doesn’t have a provision which you feel can meet your child’s special educational needs, then you can request the LA consult with independent specialist schools.

The earlier the review is held in the autumn term the earlier the LA must finalise the amended EHCP. This must take place 12 weeks after the date of your review meeting. It is not correct that they have to wait until the 15th February!

If you run into difficulties in this process give our team a call as soon as possible, early specialist legal advice is the key to successfully navigating the SEN system.