Should I push for a year 6 phase transfer review?

[ElizabethVereker]

It appears that our LA are dodging the issue of a year 6 phase transfer review and have instead completed this in the year 5 annual review.

We have been asked to name our preferences for year 7 and consults have been sent already. Should I push this and request a year 6 phase review despite the consults going out with the EHCP reviewed at end of year 5? If the consults have gone out not sure what more I can do?

The LA have confirmed that they have consulted with our three preferred schools. And six other schools. We consider the six others to be wholly inappropriate for our child's needs.

Our child's school has written to LA stating they can remain at their current school for year 7. If our preferred schools can't meet need, or the LA refuses to place our child at one of them, at what point should I ask for our child to remain in their current placement into year 7?

LA says it "takes into account parental preferences in childrens' placements" as part of the consult process. Is it worth at this stage writing to say that the other six are utterly not our preference and we will not send our child there? Or is that pointless at this stage?.

I have started contacting the six to discuss the consult with them, but so far schools have been tight-lipped.

LA have also told me they are hoping to name a school by 15th Feb 27 - I thought that this was the legally binding date? My child's EHCP has a review due date of 12 December 26.

What a minefield this is....

The LA must finalise the amended EHCP naming the secondary placement by 15th Feb.

In order to do this, they must hold a phase transfer review meeting in good time. It must happen in the next couple of months. Despite what some LAs think, phase transfer reviews aren’t optional.

Using the Y5 AR is not lawful despite what some LAs often try to say.

Despite what some LAs also say, you don’t have to complete a separate form and you didn’t have to state more than once preference, and even though you have, you can change your preference after the AR meeting.

Personally, yes, I would push the LA to hold a phase transfer review meeting this term. Not least because if they see they can get away with acting unlawfully, they are likely to take more liberties in the future. Give them an inch and they will take a mile.

Even though the other schools that have been consulted are being tight lipped, it is a good idea to provide them with a full and accurate picture. That way, you know they have all the information even if they won’t discuss it with you. LA consults are notorious for giving incomplete &/or inaccurate picture.

I would also explain to the LA why the other schools aren’t suitable. Reference your evidence when you do this. They may ignore you, but it is worth doing.

I wouldn’t muddy the waters at this point in terms of remaining in the current placement for Y7. Are your preferences wholly independent?

Thanks @roaringdragon this is useful. If I ask for a phase transfer review and the EHCP is amended at that point will that be resent to schools - even ones that have already been consulted with? This is the bit that I'm confused about. But also presumably at the phase transfer this is the point when I can amend my preferences should I want to? Even if they've started the consultation process with other schools?

Yes our preferences are wholly independent. Our child is on the waiting list for one of them.

If you have a phase transfer review meeting, following this meeting you should be sent the amendment notice (notice of amendment/draft/whatever you/your LA wants to call it). At this point, you would be able to comment on it and propose any amendments required. You can also state your preferred placement, whether that is the same as the preferences you have already submitted or not and regardless of who the LA has already consulted. Yes, the LA can reconsult.