Moving to a new local authority and EHCP's

The following information is taken from the IPSEA moving to a new local authority page (opens in new window).

If you have just moved to Kirklees and you or your child has an EHCP, please contact SENDACT on 01484 456888 or email SENACT@kirklees.gov.uk 

When a child or young person with an EHCP moves into a different local authority’s area, the EHCP will need to transfer to the new local authority (“LA”).

The new LA is required to start making the special educational provision as detailed in the EHCP.  The SEND Code of Practice (link opens PDF version of SEND code of practice in new window) covers moves to different LA's on page 192 - Paragraphs 9.157 to 9.161.

Transfer of the EHC plan to the new LA

The transfer of an EHCP to the new LA will not happen automatically. Under the law, it happens either on the day of the move or within 15 working days of the new LA becoming aware of the move, if later. Therefore it is best for parents or young people to notify the new LA (usually the SEND Assessment team within Children’s Services) in advance that they are going to be moving into the area.

The new LA then has six weeks to notify the parent or young person that the EHCP has been transferred, and to let them know when it is going to review the EHCP.

As soon as the EHCP has transferred, the new LA has the same legal duties as if they had issued the EHCP themselves. The most important duty is to ensure the child or young person receives all of the special educational provision specified in Section F of his EHCP.

If the child or young person’s EHCP names a school for which fees must be paid in Section I, “the new authority may not decline to pay the fees or otherwise maintain the child at an independent or non-maintained special school or a boarding school named in an EHCP unless and until they have amended the EHCP” (Paragraph 9.159 of the SEND Code of Practice).

If it is no longer practicable for the child or young person to attend the school or college named in Section I (perhaps because it is too far away) then the LA must arrange for them to attend another appropriate school until they review and amend the EHCP.

First review of the EHC plan by the new LA

The new LA must review the EHCP within either 12 months from the EHCP being made or last reviewed, or 3 months from the date of the transfer, whichever is the later. They must follow the correct process for an annual review, which is described in more detail on the Local Offer EHCP review page.

If the new LA does not complete a review within the above time frame, you can complain to the new LA.  IPSEA has a model letter which you can use for this purpose.

Complaining when the LA has not completed an annual review (opens link in new window).

If the new LA wants to carry out a new EHC needs assessment, it can do so.

Health provision in the EHC plan

A move may mean that the child or young person not only changes LA but also finds themselves under a new commissioning body for their health services.  Where it is not practicable for that new commissioning body to arrange the health care provision specified in the EHCP, it must, within 15 working days beginning with the date on which it became aware of the move, request that the new LA makes an EHC needs assessment or reviews the EHCP, and the new LA must comply with such request.

What will happen after the review or re-assessment?

After a review or re-assessment the new LA could decide to:

• Keep the EHCP the same.
• Make changes to the EHCP. You will have a chance to have your say about these changes and object to any amendments you disagree with in the same way you would after an annual review.
• Cease to maintain the EHCP.

Whichever decision the LA makes, if you disagree with it you can appeal to the First-tier Tribunal (Special Educational Needs and Disability) (the “SEND Tribunal”). 

If you haven’t been able to find the answer to your question on this page, you can find more on the IPSEA FAQs page (opens link in new window).