FAQ's: What happens to my EHC Plan if we move to another local authority area?
Where a child or young person moves to another local authority, the ‘old’ authority must transfer the EHC plan to the ‘new’ authority. The old authority must transfer the EHC plan to the new authority on the day of the move, unless the following condition applies - where the old authority has not been provided with 15 working days’ notice of the move, the old authority must transfer the EHC plan within 15 working days beginning with the day on which it did become aware. Upon the transfer of the EHC plan, the new authority becomes responsible for maintaining the plan and for securing the special educational provision specified in it. It is important that whenever possible you contact the ‘new’ authority to inform them of your imminent move as soon as is practical and at least three weeks prior to your move.
Where the child or young person moves between local authority areas and this also results in a new CCG becoming responsible for the child or young person, the old CCG must notify the new CCG on the day of the move or, where it has not become aware of the move at least 15 working days prior to that move, within 15 working days beginning on the day on which it did become aware. Where for any other reason a new CCG becomes responsible for the child or young person, for example on a change of GP or a move within the local authority’s area, the old CCG must notify the new CCG within 15 working days of becoming aware of the move. Where it is not practicable for the new CCG to secure the health provision specified in the EHC plan, the new CCG must, within 15 working days of becoming aware of the change of CCG, request the (new) local authority to make an EHC needs assessment or review the EHC plan. The (new) local authority must comply with any request.
When you are resident in your new local area we will ask you to let us know this and will need to discuss:
- Whether you/your child can stay at their current education setting- this is mostly a practical decision about distance from the new home to school/college/nursery.
- Whether a temporary education placement will be provided until the EHC Plan is amended.
- Your preference for a new educational placement in the local area.
- When the new authority plans to review the EHC Plan.
When a child or young person needs to move educational placement as a result of a move we will need to consult with new setting/s which can take 15 calendar days. In some cases requests will need to be discussed at our weekly panel for a recommendation to be made on appropriate provision and placement where this might be less straight forward. We will do this prior to your move should enough notice be provided. It can take two weeks for a case to be discussed at panel and for the decision to be relayed however we will do our best to keep timeframes to a minimum.
The new authority must review the plan:
- Within 12 months of the plan being made or previously reviewed by the old authority
- Within 3 months of the plan being transferred.
When a child or young person is in the process of moving between local authorities while being assessed for a plan, the new authority must decide whether to carry out an EHC needs assessment.