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The importance of 15th February in transition years

View profile for Nathan Davies
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February 15th is a very important date that parents should be aware of; this signifies the date by which all Local Authorities across England and Wales must have issued a final revised Statement of Special Educational Needs or Education Health and Care Plan (EHCPs) for those children in their final year of primary education.

Parents should be mindful of this key date as, if there is a dispute between them and their Local Authority, then this would allow sufficient time in which to appeal to the SEN Tribunal and for a final decision to be made before the start of the new academic year in September. This is of paramount importance especially if there is a disagreement regarding the school placement suggested by the Local Authority for the child as being suitable to meet their additional learning needs.

Often in practice, we see Local Authorities not adhering to this date which delays matters thereby causing parents problems when they wish to exercise their right of appeal. It is advisable for parents that they liaise with their Authority to ensure that this action is taken in a timely manner, especially in the case of a dispute, or potential dispute.

Our specialist education law solicitors can assist you immediately upon receipt of the revised Statement or EHCP from your Local Authority as appeals to the Tribunal are usually an absolute necessity in the circumstances to resolve any disputes over school placements. By the stage of a final statement or EHCP being issued, months of negotiations have already taken place, so it is very unlikely that the Local Authority will suddenly change their position and agree to the parental preference school.

Please do not hesitate to contact the department on 02920 291704 to discuss your case with our specialist lawyers regarding any type of phase transfer cases.