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SEN law
What you need to know about Secondary School Transfers Douglas Silas looks at what the law says about Secondary Transfers for pupils with SEN.
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t this time of year, Local Authorities (LAs) amend Education, Health and Care Plans (EHCPs) of children in Year 6 with SEN to name a secondary school for them from September. So in this issue, I am going to provide an overview of what the law says about ’Secondary Transfers’.
What is the general law about ‘Secondary Transfers’ for children with SEN? Parents of children with SEN who are transferring to secondary school are asked to express a preference for a secondary school at the same time as parents of children without SEN. This is by the end of October of Year 6. There is usually a standard form to complete (although many applications are now done online). Parents are asked to name three or more schools, in order of preference. It is sometimes possible to apply for a place under a school’s ‘medical and social needs’ criteria, but not all schools have one. Some schools also require a ’supplementary information’ form to be completed, where parents can also refer to their child’s SEN. In any event, secondary school places are sent out on 1 March. If parents are unhappy, they can lodge an admissions appeal, using the relevant processes documented by their preferred SEN111
“The law around transfers can be quite complicated” school. They can provide further evidence during the appeal process. If your child has specific medical or social needs related to SEN, it’s important that you provide up-to-date evidence to show why the school you are requesting will be able to meet those needs.
What is the law in relation to children with EHCPs? An EHCP must be reviewed and amended in sufficient time prior to a child moving to secondary school. Reviews and amendments must be completed by a legal deadline of 15th February in Year 6, and LAs must amend children’s EHCPs to name their secondary school from September of that year. The law surrounding secondary school transfers for children with EHCPs can be quite complicated, depending on the situation which parents find themselves in. For example, the LA may name a local maintained special school, whereas parents want a local maintained mainstream school or academy, with senmagazine.co.uk
