SEND: What happens when you move into a new Local Authority?
When a child or young person who has an EHCP moves into a new Local Authority area, the EHCP will need to transfer to the new Local Authority.
Regulation 15 of the Special Educational Needs and Disability Regulations 2014 sets out the legal requirement for the Local Authority when a child with an EHCP moves into the new area.
It is helpful to notify the new Local Authority that you will be moving into the area as the transfer of the EHCP will not happen automatically. The transfer can happen on the day of the move or within 15 working days of the Local Authority becoming aware of the move.
Within six weeks, the Local Authority will notify the parent or young person to confirm that the EHCP has been transferred and to let them know when a review of the plan will take place.
The new Local Authority is entitled to make an assessment of the child or young person’s special educational needs and as a result of this may decide to review and change the EHCP.
The new Local Authority has the same duties as if they drafted the EHCP themselves. The new Local Authority have a responsibility to provide the provision set out in the EHCP.
If you were to move at the conclusion of a successful Tribunal Appeal, you will run the risk that the new Authority could review the EHCP, decide that they have an appropriate maintained school within their area and name that school. This is something to keep in mind before you think about moving.
If you are thinking of moving to a new Local Authority and need advice, please get in touch our Education Department on: 01329823322 who would be happy to advise you.