Does moving to a new local authority affect an EHC plan?

An EHC plan doesn't stop just because a family moves to a new local authority area. The plan transfers to the new local authority, which then takes on the same legal duties as the authority that originally issued it.

What's the legal basis for the transfer?

Regulation 15 of the Special Educational Needs and Disability Regulations 2014 requires the previous local authority to transfer the plan to the new one, either on the day of the move, or within 15 working days of becoming aware of it if less notice was given.

What does the new local authority have to do?

1. From the date of transfer, take on the same legal duties as if it had issued the plan itself, including securing the provision in Section F
2. Notify the family within six weeks that the transfer has happened, and confirm when it will review the plan
3. Review the plan within 12 months of it last being reviewed, or 3 months of the transfer, whichever is later

What if the school named in the plan is no longer practical?

If it's no longer practicable for the child to attend the school or setting named in Section I, for example because it's now too far away, the new local authority must arrange attendance at another appropriate setting until the plan is reviewed and amended.

Moving areas already comes with enough to manage without wondering whether your child's support is at risk. SEND Assistant helps you understand exactly what the new local authority is required to do, and by when. Try SEND Assistant free.

Frequently asked questions

Do I need to tell my current local authority before I move?

The transfer deadline depends on when the local authority is told, on the day of the move if they've had 15 working days' notice, otherwise within 15 working days of finding out. Notice given later than that doesn't stop the transfer, it just shifts the clock to start from when they're told.

Will the new local authority reassess my child from scratch?

Not automatically. It reviews the existing plan within the timescales described above, though it can decide a new assessment is needed.

Does support stop while the plan is being transferred?

No, the new local authority takes on the existing legal duties from the date of transfer, the provision in the plan should continue.

What if the new local authority is slow to respond?

The six-week notification timescale is a legal requirement. If it hasn't happened, that requirement still applies regardless.

Does this apply if we move within the same local authority's area?

No, this transfer process specifically applies to moves between different local authority areas, not moves within the same one.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.