The 15 February phase‑transfer deadline for Education, Health and Care Plans (EHCPs) has now passed. By law, the Local Authority must have issued a final amended EHCP naming the school or type of placement your child will attend from September 2026.
If your child is in a phase transfer year and you have not received a final amended plan, this is more than just a delay; it is a breach of statutory duty, and you should take action immediately.
Who the deadline applies to
The February deadline applies to children moving from:
- Early years → Primary school
- Infant school → Junior school
- Primary school → Secondary school
If your child is in one of these groups and no final EHCP has been issued, the Local Authority has missed a mandatory legal deadline.
15 February is not negotiable, the law is clear that:
- It is not a flexible deadline.
- It is not advisory.
- It is not optional.
If your child is due to move to the next phase of their education, and their final amended EHCP does not name their next placement, the Local Authority has failed to meet its statutory duty.
This is not an administrative delay, it is a breach.
Common Local Authority explanations – and why they don’t excuse the breach
Parents are often told:
- “We’re finalising it.”
- “Consultations are ongoing.”
- “It will be with you shortly.”
These explanations do not change the legal requirement, the deadline still stands and the breach still exists.
What you should do now
If the final amended EHCP has not been issued, you should act without delay. Here are the immediate steps to take:
1. Request written confirmation
Ask the Local Authority:
- when the final EHCP will be issued
- why the statutory deadline was missed
Having this in writing protects you if further action is needed.
2. Ask for a clear, specific date
Do not accept vague timeframes such as “soon” or “in the next few weeks.”
Specific dates prevent drift and hold the Authority accountable.
3. State that you recognise the breach
Let the Local Authority know you understand your rights.
Silence can be misinterpreted as acceptance.
4. Seek specialist advice if delays continue
Once deadlines are missed, additional delays are common.
Early legal support ensures the process stays on track and your child’s needs remain the priority.
Why this deadline matters
Phase transfers — particularly the move to primary or secondary school — are major transitions for children. The February deadline exists to ensure:
- certainty for families
- timely planning for support and provision
- a smooth transition to the next placement
If the deadline is missed, the system has failed your child — not you.
The correct response to a missed statutory duty is not patience.
It is escalation.
A Note on Year 11 transfers
For children moving from secondary school to post‑16 education, the relevant statutory deadline is 31 March.
Parents in Year 11 should monitor progress closely ahead of this date.
Need Advice About a Missed EHCP Deadline?
If you have not received your child’s final amended EHCP by the 15 February deadline our specialist SEN Education Team can help. To have a discussion with one of our specialist solicitors call us for free on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient for you.
