Sort

• 12 Oct 2025

Other

|

Simple

Can't answer yes or no.:

MG – I have provided an answer based on what I understand to be the facts relevant to your question. If any aspect requires further refinement, please let me know, and I will do whatever I reasonably can to assist.

 

 

If you have an appeal (against Sections B and F) waiting to be heard by the SEND Tribunal, your child’s Education, Health and Care Plan (EHCP) still remains in force until the appeal is decided. The local authority (LA) must continue to maintain the plan and can still make changes when needed.

Under Regulation 22 of the Special Educational Needs and Disability Regulations 2014, the LA can amend the plan after an annual review. Regulation 28 allows it to make changes at any other time, as long as it follows the correct procedure — sending a written notice, giving you at least 15 days to comment, and issuing the final version within eight weeks. This means that an appeal does not stop the LA from updating the EHCP, for example, to prepare for your child’s move to secondary school.

For phase transfers, Regulation 18(1) says the LA must review and, if needed, amend the EHCP by 15 February in the year your child moves from primary to secondary school (or by 31 March for post-16 transfers). The Noddy Guide (para 04.036) confirms that this duty still applies even when an appeal is ongoing. The purpose is to make sure that an appropriate type of school is identified in good time for planning and consultation.

The Tribunal’s involvement does not remove or pause the LA’s separate duty to complete the phase-transfer process. The LA must still issue the amended EHCP by 15 February, naming at least a type of school (for example, “maintained mainstream secondary” or “special school”) so that transition planning can continue. This provides clarity for both parents and the receiving phase. However, if the naming of the particular school depends on the outcome of the Tribunal, which will clarify Sections B and F (the child’s needs and provision), the LA must wait for that decision before naming the final school. Once the Tribunal has issued its decision, the LA must amend the EHCP to include the name of the school the child will transfer to in September (Noddy Guide paras 04.036 and 09.04).

You are entitled to request your preferred secondary school now, and doing so sounds sensible. Under section 39 of the Children and Families Act 2014, the LA must consult any school you name. Making this request will not affect your appeal, because the Tribunal will decide only the issues raised in that appeal. If the plan is later amended to name the school, you can appeal again if necessary. To help with this process, good communication with your preferred school is essential. You may wish to share a recent or anonymised version of the working document used in your appeal, as this provides the most up-to-date summary of your child’s needs and proposed provision. Sharing this helps the school respond constructively during consultation and supports smoother transition planning (Noddy Guide paras 09.29–09.32).

In summary
a. You may, and usually should, request your preferred secondary school as soon as reasnably possible.
b. The LA must review and amend the plan by 15 February 2026, naming at least a type of school.
c. The current appeal does not pause these duties, and the LA must amend the EHCp  again once the Tribunal has made its decision - if needed

Obviously this is guidance, but I hope it is of some assistance. I look forward to reading any other contributions.
 

Sean Kennedy



Sean Kennedy

12 Oct 2025

This is helpful

|

2 Comments

Post