Rulebook · Time limit
Plan reviewed and amended before a move between post-16 institutions
The plan must be reviewed, and amended where needed, so that it names the new post-16 institution.
- How it is counted
- At least 5 months before the move: the same date 5 months earlier, at the latest.
- Whose date it is
- The council
- What starts it
- The date the child or young person moves to the next phase of education
- What counts as done
- The council sent the final amended plan, or its decision not to amend
- Type of rule
- Law (Act or Regulations)
- Rule id
phase_transfer_post16_other- Rules version
- england-2026.10
- Law as at
- 30 September 2026
The Code of Practice says the 5 months apply in all cases of a transfer between post-16 institutions, and that for a move at the start of a new academic year the review should normally be completed by 31 March (para 9.181).
If the date passes
The council still has to do this, as soon as it can. Passing the date does not by itself change any decision or end the plan.
Steps people often take:
- Write to the council's SEN team, say which time limit has passed, and ask when it will be done.
- Make a formal complaint through the council's complaints process.
- If that does not resolve it, complain to the Local Government and Social Care Ombudsman, which looks at delay.
- For serious delay, a solicitor can send a pre-action letter before a judicial review claim, which must be brought promptly and within 3 months.
Your own deadlines do not change because the council is late.
Sources
- SEND Regulations 2014, reg 18(2)Law (Act or Regulations)
- SEND Code of Practice 2015, at least five months before a transfer between post-16 institutions, para 9.181Code of Practice: must (restates the law)
- SEND Code of Practice 2015, normally by 31 March for a move in the new academic year, para 9.181Code of Practice: should (follow unless there is a good reason not to)
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