Choosing an education provider
Know the law and process that will affect you
Once you know which education providers you think will suit your child or young person, you are ready to make a request. Think about the reason why you need an education provider at this time.
Find out what to expect by finding the option below that fits.
Once the process of assessment has completed, if Buckinghamshire Council decide to issue an EHC plan, the plan issued will be in draft. This means that you can ask for changes. The draft EHC plan will not include a name or type of education provider.
When you are sent the draft EHC plan, the integrated SEND team at Buckinghamshire Council will ask you to make your request for a school or other educational setting. You may want to suggest your first and second preferences. Send your choices in an email as detailed in the message that comes with your draft EHC plan. You have 15 days from receiving the draft EHC plan to do this. You also have the right to ask for changes to be made to the draft EHC plan at this time.
Make sure you get a receipt within 5 days. If not, try contacting your area's senior Education, Health and Care Coordinator in the integrated SEND team.
Unless legal exceptions apply, the Final EHC plan will be sent to you within 4 weeks of receiving the draft. The Final EHC plan will include the name and/or the type of education provider in section I of the EHC plan. You should check your plan, including the education provider named. If you don't agree with anything in the Final EHC you may wish to challenge this.
It is called Phase Transfer if your child has a Final EHC plan naming a school or further education provider and is moving schools from either:
- preschool to infants or primary school
- infant to junior school
- junior or primary to secondary school
- secondary school to further education provider
There is a legal process that must be followed in Phase Transfer. Within this legal process, Buckinghamshire has its own process.
Buckinghamshire phase transfer process
Buckinghamshire Council encourages education providers and families to discuss options for the next school or further education provider as part of the annual review towards the end of the summer term one year before a child will be moving on. If you know by then what your preferences are, you should email your Education, Health and Care Coordinator to let them know.
Make sure you get a receipt within 5 days. If not, try contacting your area's senior Education, Health and Care Coordinator in the integrated SEND team.
It is helpful if you do know what your preference is by this time because Buckinghamshire Council will start the process of consulting with schools and further education providers. If you want Additionally Resourced Provision or a special school or a specialist further education provider for your child, Buckinghamshire Council will consider this at an internal panel. You will not usually be informed of the school or further education provider named in Section I until you receive the Final Amended EHC plan.
Legal process of phase transfer
If you have not decided on your preferred education provider by the time of the annual review towards the end of the summer term one year before your child will be moving on, or if you change your mind, it is not too late. The legal process of phase transfer means you will get another chance.
Following the annual review process, you will be issued with a draft amended EHC plan and you can ask for changes. The draft amended EHC plan will not name a school or type of school.
When you are sent the draft EHC plan, the integrated SEND team at Buckinghamshire Council will ask you for your preferred school or further education provider. Send your first and second preferences to the email address included in the message with your draft amended EHC plan. You have 15 days from receiving the draft EHC plan to do this. At this point, you also have the right to:
- Ask for changes to be made to the draft EHC plan
- Request a meeting with your Education, Health and Care Coordinator.
Make sure you get a receipt within 5 days. If not, try contacting your area's senior Education, Health and Care Coordinator in the integrated SEND team.
If they have not already done so, Buckinghamshire Council will consult with your preferred schools and further education providers. If you want Additionally Resourced Provision, a special school, or a specialist further education provider for your child, Buckinghamshire Council will consider this at an internal panel.
Unless legal exceptions apply, the Final Amended EHC plan will be sent to you within 8 weeks of receiving the draft amended EHC plan. You must receive the Final Amended EHC plan by:
- 15 February if your child is in year 6
- 31 March if your child is in year 11 or above and is moving to or between further education providers.
The Final Amended EHC plan must name a school or type of school in section I of the EHC plan. You should check your plan, including the school or further education provider named.
If you don't agree with anything in the Final EHC you may wish to challenge this. You can find more information under 'I want to challenge an appealable decision' and 'Refusal to change what’s in a child or young person’s EHC plan'.
There is more information about phase transfer at the below pages:
It may be that your child is struggling or not making progress at the education provider named in section I of their EHC plan. These concerns should be discussed informally with staff and your Education, Health and Care Coordinator. Check that all the help in the EHC plan is being provided.
If concerns still remain, they should be raised as part of an annual review of the EHC plan. This can be brought forward with agreement from your Education, Health and Care Coordinator.
As part of the annual review process, the education provider may record that they are no longer able to meet your child's needs and/or that you want another education provider for your child. Your Education, Health and Care Coordinator will consider the recommendations in the annual review record and decide whether to amend or change your child's EHC plan, including the education provider in section I. They must write to you within 4 weeks of the annual review meeting to tell you their decision.
No changes to the EHC plan are needed
If the Education, Health and Care Coordinator decides no changes are needed, their letter gives you a right of appeal to the national SEND tribunal. The tribunal can order that changes are made to the plan.
You can find more information under 'I want to challenge an appealable decision' and 'Refusal to change what’s in a child or young person’s EHC plan'.
Changes to the EHC plan are needed
If the Education, Health and Care Coordinator decides that changes to the EHC plan are needed, you will be issued a draft amended EHC plan and you can still ask for further changes. The draft amended EHC plan will not include the name or type of education provider.
When you are sent the draft amended EHC plan, the integrated SEND team at Buckinghamshire Council will ask you for your preferred school or further education provider. Send your first and second preferences to the email address included in the message with your draft amended EHC plan. You have 15 days from receiving the draft EHC plan to do this. You also have the right to ask for changes to be made to the draft EHC plan at this time
Make sure you get a receipt within 5 days. If not, try contacting your area's senior Education, Health and Care Coordinator in the integrated SEND team.
Buckinghamshire Council will consult with your preferred education providers. If you want any kind of education provider other than mainstream, Buckinghamshire Council will consider this at an internal panel.
Unless legal exceptions apply, the Final Amended EHC plan will be sent to you within 8 weeks of receiving the draft amended EHC plan. The Final Amended EHC plan must name a school or type of school in section I of the EHC plan. Make sure to check your plan, including the school or further education provider named.
If you don't agree with anything in the Final EHC you may wish to challenge this. You can find more information under 'I want to challenge an appealable decision' and 'Refusal to change what’s in a child or young person’s EHC plan'.
If the Final EHC plan does not name a specific education provider in section I, your child will not have a school or further education place anywhere. Buckinghamshire Council will be working to find your child a place, but this may take some time.
Contact your Education, Health and Care Coordinator to find out what to expect.
Ask for alternative provision to be put in place until a school or further education provider is found.
You may also want to take advantage of your right to a tribunal appeal if progress seems slow. Unless you do, there are no legal timescales in force to speed up the process of finding an education provider. You can find more information under 'I want to challenge an appealable decision' and 'Refusal to change what’s in a child or young person’s EHC plan'.