Moving to a new local authority with an EHCP: what happens to the plan?

Tell both authorities as early as possible

If you know you are moving, give the old local authority and the new local authority the move date and new address as early as you can. Also tell the current school and EHC case officer. Early notice gives the authorities more time to manage the transfer and any placement issue.

When should the plan transfer?

Under regulation 15 of the Special Educational Needs and Disability Regulations 2014, the old authority should transfer the EHC plan to the new authority on the day of the move. If the old authority did not know about the move at least 15 working days beforehand, it must transfer the plan within 15 working days of becoming aware.

From the transfer date, the plan is treated as if it had been made by the new authority, which must maintain it.

What the new authority must tell you

Within six weeks of the transfer, the new authority must inform the parent or young person that the plan has transferred, whether it proposes to carry out an EHC needs assessment, and when it proposes to review the plan.

The review must take place before the later of the normal 12-month review point or three months after the transfer.

What if the named school is now too far away?

If attendance at the school or institution named in the plan is no longer practicable because of the move, the new authority must arrange attendance at another appropriate school or institution until the plan can be amended.

Do not assume that a move automatically changes Section I. Ask the new authority in writing how it proposes to secure education and the provision in the plan during the transition.

What to do before moving

• Send both authorities the confirmed move date and new address.
• Ask the old authority when it will transfer the full EHC file.
• Give the new authority your contact details and a complete copy of the current plan.
• Explain immediately if the current placement will become impracticable.
• Ask who the new case officer will be.

What to collect

• The current final EHC plan and appendices.
• The most recent annual-review paperwork.
• Recent professional reports.
• Current school contact details.
• Evidence of the move date and new address.
• A note of any urgent provision or placement risks.

Moving out of England is different

The rules above concern moves between local-authority areas within England. Different arrangements apply if a child or young person moves to Wales, Scotland, Northern Ireland or another country, because those systems use different legislation and plans.