The 2026 deadline day for final amendments to a ‘Phase Change’ is Sunday 15 February.
This is the statutory deadline day for local authorities to issue a final EHCP (Education Health and Care Plan) for children with SEN (Special Educational Needs, sometimes including Disability and written as SEND) who are moving between academic phases. The EHCP will name the child’s next school based on an assessment of their individual needs.
Who qualifies for an EHCP?
Any child or young person (under 25) who has or may have Special Education Needs, and for whom it may be necessary for special educational provision, qualifies for an EHCP and the relevant local authority must secure an EHC needs assessment for them.
When assessing eligibility for an EHCP, the local authority should consider whether the child or young person has not made expected progress despite their educational provider having taken steps to identify and address their needs.
Which age groups will the deadline apply to?
The 15 February deadline applies to children moving between school levels up to Year 11. Depending on how schooling is split up in the local authority, this could be moving from nursery to reception, primary school up to middle or secondary school.
For children moving into Year 12, whether to a sixth-form or college, the 2026 deadline for issuing an amended EHCP is 31 March.
What do parents need to do?
When the local authority first issues or amends an EHCP, it must be delivered by way of a formal Notice Letter, confirming that the document attached is the final version of the Plan and notifying the recipient child (and their parent/parents) of their right to appeal against aspects of the EHCP. There is a right to appeal the school cited in Section I of the Plan.
The amendment also triggers a right to appeal the content of Section B of the Plan, which describes your child’s needs, and Section F which sets out the special educational provision the child requires in full.
Appeals must be issued within two months of the date of the notice letter. The appeal will be made to the First Tier of the Special Education Needs and Disability (Health, Education and Social Care Chamber) Tribunal, also referred to as the SEND (HESCC) Tribunal.
Before you can issue an appeal to the Tribunal, you must have completed (or at least considered) mediation to resolve the dispute with the authority. You must then obtain a Certificate of Mediation to attach to your appeal application.
How to get help
Carolyn Osbourne is a specialist education lawyer with extensive experience handling EHCP appeals on behalf of children and families. She is also a trained Mediator and can help parents work through the process to actively reach settlements. Contact Carolyn to find out how she can help.
