Part 3 of the Children and Families Act on special educational needs and disabilities came into force on 1st September 2014. However to help local authorities manage the change, the new provisions will be brought in gradually over the next few years.
Local authorities have until April 2018 to move all children with statements over to the new system.. For example, if your child is going into year 1 in September 2014, the latest the LA could transfer him would be the spring term of year 4. There will be a shorter, 2 year timetable for young people with learning difficulty assessments (LDAs) in college.
LAs must publish their own transitional plans and timetables by 1st September and there are certain groups that must be transferred as a priority. Some LAs may want to move faster than others. Transfers will happen via a specific transfer review that will take the place of the normal annual review.
For any child with a statement who is not in a transfer group, it will be business as usual. Legal rights relating to the statement remain unchanged. Reviews and appeals will happen according to the old system and code of practice.
Can I ask for my child to be transferred earlier than the timetable?
There is no specific right to do this. If your child is in school with a statement you will generally have to wait. However young people already in college can ask for an education health and care assessment from September. They are a priority group as they currently have fewer rights than school pupils.
Will my child lose her statement because of the changes?
No. Existing statements must be maintained. When it comes to transfer, the legal threshold for an EHCP is the same as for a statement so no child should lose out.
check your LA's timetable. If your child is in a transfer group, take action!
If you are a young person already in college, you may want to ask for an Education, Health and Care Assessment straight away, particularly if you are not happy with the help you are getting.
Check the LA's timetable for when your child will be transferred. If your child is not in a priority transfer group, use the extra time to become well informed and hope that any teething problems will be ironed out.