EHCP Phase Transfer: Deadlines, School Choices, and Your Rights

Moving from primary to secondary school is a significant transition for any child. For a child with an EHCP, it is also a legal process with strict statutory deadlines and real consequences if those deadlines are missed. Understanding how phase transfers work — and your rights within the process — is essential for managing a school move smoothly.

What a Phase Transfer Is

A phase transfer is when a child with an EHCP moves from one phase of education to another. The most common transitions are:

• Nursery/early years to primary school
• Primary to secondary school
• Secondary to post-16 provision (sixth form, college, or specialist provision)

Each transition triggers specific legal obligations on the local authority, including the requirement to review, amend, and name the new placement in the EHCP by specific statutory deadlines.

The 15 February Deadline

For transfers from primary to secondary (and early years to primary), the local authority must:

1. Conduct and complete an Annual Review focused on the transition
2. Issue any proposed amendments to the EHCP
3. Name the new educational placement in Section I

All of this must be completed by 15 February of the transfer year — typically the Year 6 Annual Review, held in the autumn or early winter before the September move.

The reason for this deadline is practical: if you disagree with the placement named by the LA, you need time to appeal to the SEND Tribunal before September. A Tribunal hearing typically takes several months to schedule. If the LA names a placement on 15 February and you appeal immediately, a hearing date in June or July is just about feasible. If the LA is late, your appeal window closes.

For post-16 transitions, the equivalent deadline is 31 March of the transfer year.

The School Consultation Process

Under Sections 38(3) and 39 of the Children and Families Act 2014, parents have the right to request a specific maintained mainstream school, academy, or approved independent special school (Section 41 school) to be named in Section I. The LA must consult that school and then, if it is suitable, name it unless one of three statutory grounds for refusal applies:

1. The school is unsuitable for the child's age, ability, aptitude, or special educational needs
2. The placement would be incompatible with the efficient education of other children
3. The placement would be an unreasonable public expenditure

These are the only grounds on which the LA can refuse to name your preferred school. "We don't have a place available" or "the school is oversubscribed" are not, on their own, valid grounds for refusal. The LA must demonstrate one of the three exceptions.

Mainstream vs Specialist Placement: The Legal Framework

This is one of the most contested areas in EHCP practice. Many parents want specialist provision — a school with smaller classes, specialist staff, and a therapeutic environment specifically designed for their child's needs. LAs frequently push back, preferring mainstream placements that are typically less expensive.

The law contains a strong but qualified presumption in favour of mainstream education under Section 33 of the Children and Families Act 2014. The LA cannot refuse a mainstream placement on grounds of suitability — only if it would be incompatible with the efficient education of others and there are no reasonable steps that could remove that incompatibility.

However, if a parent prefers a specialist school, the LA must name it unless they can prove one of the three exceptions above. The most common argument LAs use is public expenditure — that the specialist school costs significantly more than a mainstream placement that could also meet the child's needs.

The key word in the public expenditure test is "unreasonable." The LA must show not just that the specialist school is more expensive, but that the additional cost is unreasonable given the child's specific needs. If the specialist provision is demonstrably better suited to the child's profile and the cost difference is modest, the public expenditure argument may fail at Tribunal.

Building Your Case for Your Preferred Placement

Whether you want mainstream or specialist, the foundation is always Section B and Section F. A placement decision is only defensible if the chosen school can actually deliver the provision specified in Section F. Before naming a school, make sure:

• The school has been consulted and has confirmed it can meet the child's needs as described in Section B
• The school can deliver every provision listed in Section F — ideally confirmed in writing
• You have visited the school and understand what a typical day looks like for a child with your child's profile
• If arguing for specialist provision, you can articulate specifically why the specialist environment is necessary for your child (not just generally preferable) — sensory environment, staff expertise, class size, therapeutic input

If the LA Names the Wrong School

If the final EHCP names a school you did not request and did not consent to, you can appeal to the SEND Tribunal. You must register the appeal within two months of the final plan. The Tribunal can order the LA to name a different school if it concludes the named placement is not suitable or that your preferred school would meet the child's needs and the LA has not adequately demonstrated a statutory ground for refusal.

Given the phase transfer deadlines, register any Tribunal appeal as quickly as possible — even before you have the full bundle ready.

For guidance on preparing for phase transfer Annual Reviews, evidencing your placement request, and challenging an LA naming decision, see the England EHCP & SEN Blueprint.

See more United Kingdom homeschool guides →