Challenging Local Authority’s failure to plan for EHCP transfer from primary to secondary school

Who did we act for?

We were consulted by Deepak’s parents because Deepak’s EHCP had not been reviewed and amended to name a suitable secondary school.

What was the case about?

Deepak was in his final year of primary school, but his EHCP had not been reviewed and therefore he did not have a named secondary school.  Deepak’s parents were concerned that other children had received their school offers on National Offer Day but, shortly before the summer holidays, they still did not have a school place for Deepak, despite having chased the Local Authority.

What did we do?

We reviewed all the papers to establish when the review of the EHCP should have taken place and the proposed amendments should have been made.

We advised the parents about their rights to challenge the Local Authority’s conduct.

We wrote to the Local Authority to complain that they had breached the timescales in relation to a phase transfer.  We insisted that the Local Authority provide an amended EHCP and take into account the parents’ preference of secondary school.

The outcome 

The Local Authority provided the amended EHCP naming the school which the parents wanted for Deepak, before September.  Deepak was therefore able to commence the new academic year in the new school!

There is more information available on what action can be taken if a child’s school is not meeting SEN needs, a simple guide to an EHCP, what your child is entitled to with a EHCP and how a school can refuse a child with an EHCP.