Frequently asked questions

What does the 'transfer review' process entail

The transfer review requires the local authority to carry out an EHC needs assessment in accordance with Regulation 6 of the Special Educational Needs and Disability Regulations 2014. Each child or young person's needs must be considered individually and advice sought as prescribed in the Regulations; these include advice in relation to health and social care where the child or young person may need it. New assessment advice will not be needed in all cases. The Regulations for an EHC needs assessment are clear that advice previously provided for any purpose will be sufficient for the assessment where the parents, the professional who gave the advice and the local authority agree. In those circumstances the local authority must not seek new advice.

Parents or the young person must be invited to a meeting with an officer of the local authority to contribute to the review, in particular to focus on the proposed outcomes in the new plan, and this must take place in advance of the EHC plan being finalised. It could take place at a transfer review meeting or at another time. Throughout the process the local authority must have regard to the principles set out in section 19 of the Children and Families Act.