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Local authorities have until April 2018 to transfer children from statements to EHC plans. A child with a statement remains in the old system until they reach a mandatory transition point or until the local authority decides to transfer them to an EHC plan. Local authorities can set their own priorities preferably in consultation with parents and professionals within the national parameters set out in the transitional order.

Parents of children with statements seeking a reassessment of their child’s needs do not have a right to request an EHC needs assessment and their request will be considered as a reassessment in relation to a statement unless the local authority decides to conduct an EHC needs assessment. A local authority does not have to agree to an EHC needs assessment but it should consider the request carefully.

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