Moving to a new local authority
When a child or young person with an EHC plan moves into a different local authority’s area, the EHC plan will need to transfer to the new local authority (“LA”).
The legal requirement for the new LA to start making the provision in the EHC plan is set out in Regulation 15 of the Special Educational Needs and Disability Regulations 2014. There is also guidance for LAs in the SEN Code of Practice at paragraphs 9.157 to 9.161. (See Resources for a copy of the Code of Practice)
Children of Service personnel in the Armed Forces Service personnel/families may relocate more often than the rest of the population and, sometimes, at short notice. Such transitions should be well managed to avoid Service children with Special Educational Needs (SEN) experiencing delays in having their needs assessed and met. If you are a Service family moving into North Yorkshire with a child who has an Education Health Care (EHC) plan or SEN Support please contact us if you require our assistance. We have two dedicated Coordinators who work specifically with Service Families.
What does the family have to do?
The Local Authority where you currently live must transfer the EHCP to the “new” authority. It is therefore important that you inform your current or home local authority that you intend to move area. Contact the SEN team in your current area and give them your new address and the date you intend to move. The transfer of the EHCP must take place on the day of your move unless you weren’t able to give 15 days’ notice. Where this is the case, the 15 days starts from the date you informed them.
What does my current authority have to do?
They must transfer the EHCP and their opinion they have reached under the Disabled Persons Act 1986, that the child or young person is disabled. If your son/daughter doesn’t have a Plan but a statutory assessment is in progress they must also transfer all the information/advice received.
What does the new authority do?
Upon the transfer of the EHCP, the new authority becomes responsible for maintaining the Plan and for the special educational provision specified in it. There is an expectation that the child or young person will continue to attend the educational institution specified in the EHCP but where attendance would be impractical, for reasons such as the distance being too great, the new authority must place the child or young person temporarily at an appropriate educational institution.
The new authority may:
- bring forward the arrangements for the review of the plan
- Conduct a new assessment regardless of when the previous assessment took place.
The new authority must:
- Tell the parent/young person within 6 weeks of the date of transfer, when they will review the Plan or whether they propose to re assess
- Or review the Plan within 12 months of the Plan being made,
- or Review the Plan within 3 months of it being transferred
EHC needs assessment started but no Plan?
- The new authority has to decide whether it needs to carry out an EHC needs assessment themselves using the information provided by the previous authority.
Further information can be found by clicking below on the links: