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Statements

The transfer of Statements to EHC Plans will take place over a three year period ending 1st April 2018.  This means in practice that two systems will be running in tandem until 1st April 2018 so there will be both Statements and EHC Plans in existence until that point.

In order not to overwhelm the new system, a Phase Transfer is proposed.  In 2014 / 15 Local Authorities are expected to concentrate on the transfer of two groups.  Those who have a non-statutory EHC Plan (issued under the Pathfinder Projects) and those who no longer have a Statement of Special Educational Needs and receive further education and training provision as a result of a Section 139A Learning Difficulty Assessment (LDA).

Local Authorities are expected to transfer children and young people from their Statements in advance of them transferring to the next phase of their education. In the academic year immediately prior to the transfer to the next phase of the child’s education, a Transfer Review will replace the Annual Review.

During the transition period a child or young person’s Statement of Special Educational Needs will remain in place until

  • The child or young person has a Transfer Review and an EHC Plan is made.
  • The child or young person has a Transfer Review and the Local Authority decide that an EHC Plan is not required.
  • The child or young person has an Annual Review and the Local Authority decides to cease to maintain the Statement following the Annual Review.

Local Authorities should publish the first version of their Transfer Plans by 1st September 2014.

Statements of Special Educational Needs will not be finally phased out until 1st April 2018.  The existing legislation and case law continues to apply to those with a Statement of Special Educational Needs

Statements of Special Educational Needs should continue to be specific, detailed and quantified, and can still be the subject of an appeal to the SEND Tribunal.

To contact us please call 01284 723952 , email manager@senlegal.co.uk or use our Contact Form.