EHCP Phase Transfer to Secondary School: The 15 February Deadline Explained

Phase transfer to secondary school is one of the most legally time-pressured moments in any child's EHCP journey. If your child is moving from primary to secondary school in September, the local authority must issue a final amended EHCP — including the name of the secondary school in Section I — by 15 February of that calendar year.

That is not a target date. It is a hard statutory deadline. And local authorities miss it with alarming frequency, often leaving families with a compressed window of just weeks to appeal a placement decision before the September school year begins.

Why the 15 February Deadline Exists

When an EHCP needs to be amended to reflect a new school placement — as happens at every phase transfer — the normal statutory process requires the LA to consult with the parent's preferred school, consider representations, and issue a final plan naming the new placement. The 15 February deadline for primary-to-secondary transitions ensures families have adequate time to challenge a placement they disagree with via the SEND Tribunal before their child's September start.

The SEND Tribunal currently has a hearing wait of over 50 weeks from registration to final decision. If an LA issues the final EHCP naming the wrong secondary school in late June instead of 15 February, it is functionally impossible for a family to get a Tribunal decision before September. The LA has effectively bought itself another year by delaying paperwork.

This is not accidental. Solicitors and advocacy groups have documented that LA delays in meeting phase transfer deadlines operate as a deliberate attrition mechanism.

The Key Deadlines: Know Them by Heart

The 15 February deadline applies to primary-to-secondary transfer. The 31 March deadline applies to the move from secondary to post-16 provision.

What the LA Must Do Before 15 February

The phase transfer process for primary-to-secondary involves several steps that must all be completed in time for the 15 February deadline:

1. Annual Review trigger: The Year 6 Annual Review (typically held in Year 5 or early Year 6) should formally initiate the phase transfer process. The LA should use this review to gather updated professional advice on the child's needs.

2. Parental preference: You have the right under Section 39 of the Children and Families Act 2014 to express a preference for a specific secondary school. Do this early — ideally before or at the Year 6 Annual Review, not when the LA gets around to asking.

3. School consultation: The LA must formally consult the school you have named. The school typically has 15 days to respond. This consultation must happen well before 15 February if the final plan is to be issued in time.

4. Draft amended EHCP: The LA should issue a draft amended EHCP (with the proposed secondary school in Section I) before the final is issued, giving you an opportunity to comment.

5. Final amended EHCP: The final plan naming the new placement must be issued by 15 February.

What to Do if the LA Misses the Deadline

If 15 February passes without you receiving a final amended EHCP naming the secondary school, the LA is in breach of its statutory duty. Act immediately:

Step 1: Write formally. Send a letter or email to the SEND team citing the breach: "We note that as of [date], you have failed to issue a final amended EHCP in accordance with the statutory phase transfer deadline of 15 February [year], as required by the Special Educational Needs and Disability Regulations 2014. Please confirm the date by which you will issue the final plan."

Step 2: Set a deadline for response. Give the LA 5 to 7 working days. Make clear that if the plan is not issued promptly, you will be escalating to the Local Government and Social Care Ombudsman and considering judicial review.

Step 3: Consider Pre-Action Protocol. If the LA still does not issue the plan, a solicitor's Pre-Action Protocol letter — warning of judicial review for failure to perform a statutory duty — often produces near-immediate compliance. Many families do not need to proceed to actual judicial review; the threat is usually sufficient.

Step 4: Register your Tribunal appeal as soon as possible. Once the final plan is issued (even late), you have two months from the date of the decision letter to register your Tribunal appeal if you disagree with the placement named. Do not wait to see whether the LA might change its mind. Register the appeal to protect your position, and then decide whether to proceed.

If the LA Names the Wrong Secondary School

When the final EHCP names a secondary school that is not your preference — typically a local mainstream school when you want a specialist placement — your right to appeal Section I of the EHCP is triggered.

Unlike appeals against Sections B, F, or a refusal to assess, an appeal against Section I alone does not require mediation. You can register the appeal directly with the First-tier Tribunal within two months of the date of the LA's decision letter.

Given the Tribunal's 50-plus week wait time, registering this appeal immediately after the 15 February deadline (rather than waiting until the summer) is critical to any chance of a resolved placement before the following September.

Protecting Your Child's Year 7 Start Date

Even if a Tribunal appeal is registered, your child must be in school in September. Section 45 of the Children and Families Act 2014 means the LA cannot cease maintaining the EHCP while an appeal is ongoing, and the provision in Section F continues to apply. However, the specific school named in Section I is typically the school your child attends while the appeal proceeds — so ensuring the named school is at least minimally acceptable for the interim period matters practically, even as you pursue the Tribunal for your preferred placement.

Some families reach agreement through mediation or informal negotiation during the appeal period. Others proceed to Tribunal. Either way, the earlier you act when deadlines are missed, the more options you preserve.

The England SEND Tribunal Playbook includes a full phase transfer timeline, template letters for challenging deadline breaches, and step-by-step guidance on appealing Section I placement decisions for secondary transfer.

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