Moving to a new phase of education with an EHCP - transfer deadline day

Why is 31 March an important date if a young person has an Education, Health and Care Plan (EHCP) and is transitioning from secondary school to a post-16 institution or apprenticeship?

Local Authorities (LAs) have a legal duty to review and amend EHCPs when a young person transfers from their secondary school to a post-16 institution or apprenticeship. This duty is set out in Regulation 18 of the Special Educational Needs and Disability Regulations 2014.

What is Regulation 18 of the Special Educational Needs and Disability Regulations 2014?

Regulation 18 explains that, in addition to reviewing the EHCP and making amendments, the LA must specify the institution that the young person will be attending.

The regulation explicitly states that the deadline for this to be completed is 31 March.

For young people moving between post-16 institutions instead of going from secondary to post-16, the review process should normally be completed by 31 March, when a young person is expected to transfer to a new institution in the new academic year.

However, transfers between post-16 institutions may take place at different times of the year, and the review process should take into account. In all cases where it is proposed that a young person is to transfer between one post-16 institution and another within the following 12 months, the local authority must review and amend, where necessary, the young person’s EHCP at least five months before the transfer takes place.

In some cases, young people may not meet the entry requirements for their chosen course or may change their minds about what they want to do after the 31 March or five-month deadline. Where this is the case, local authorities should review the EHCP with the young person as soon as possible to ensure that alternative options are agreed, and new arrangements are in place as far in advance of the start date as practicable.

What is the impact of failing to meet the transfer deadline?

EHCPs must be reviewed and amended in sufficient time to allow for the new setting to become familiar with the young person and understand their needs and the provision required for those needs. It is also important for young people and their families to have the certainty of knowing which placement the LA is proposing for the young person to attend, as transitions can be emotionally difficult. Meeting the deadline helps reduce some of the unknowns that come with change. The deadline of 31 March allows for any disagreements about the contents of the EHCP to be looked at by the SEND Tribunal, if necessary, before the move in September.

Local Government and Social Care Ombudsman Case

On 3 March 2022, the Local Government and Social Care Ombudsman (Ombudsman) released its decision on an investigation into a complaint involving a teenager (Ms M) who has an EHCP for her special educational needs. The complaint centred on failures by the LA in relation to her transfer arrangements to post-16 education.

The Ombudsman found that the LA had failed to identify a placement by the end of March 2019 and had failed to plan and take responsibility for ensuring a placement was sourced that met Ms M’s needs.

The LA had failed to produce a final EHCP, meaning Ms M lost the opportunity to challenge its contents at the SEND Tribunal. The Ombudsman’s investigation found fault with the LA's failure to arrange provision for Ms M in the Autumn term of 2019. It was decided that Ms M had missed out on education and specialist support, which she was entitled to. Additionally, her mother lost her tax credits because Ms M was not in school.

In this case, the LA agreed to apologise and pay the mother and daughter £4,000 to acknowledge the impact of having no education, the avoidable distress, and the lost opportunities during this period. In addition, it will also pay the mother the equivalent tax credits she lost. 

The full report can be found here: Devon teen missed out on education because of council delays - Local Government and Social Care Ombudsman.

This article was originally posted on 25/11/2022 and was updated 12/03/2025