Moving to a new Local Authority: The impact on an EHCP

Moving house and to a new area can be a stressful process.  The difficulty of this can be exacerbated if you have a child or young person with special educational needs who is supported by an EHCP.  Questions can understandably arise as to who will be responsible for maintaining the EHCP and how to ensure that the required special educational provision is delivered to your child following the move. 

The process of transferring the EHCP to the new Local Authority can be complex and can potentially lead to changes in the special educational provision that your child receives. Understanding how the move to a new Local Authority may affect the content of an EHCP is therefore crucial.  
When moving from one Local Authority to another, the new Local Authority will need to ‘adopt’ and take on the responsibility for maintaining the EHCP.  There is a specific process that both Local Authorities will need to adhere to when transferring the EHCP to the new Local Authority, and it is crucial that the relevant steps and deadlines are adhered to. 

Firstly, the previous Local Authority will need to transfer the EHCP to the new Local Authority. The date on which this will need to be done will depend on a variety of factors, including when the Local Authorities were made aware of the move.  

However, from the date of the transfer, the EHCP will be need to be treated as if it had been made by the new Local Authority. This means the new Local Authority will immediately be responsible for maintaining the EHCP and delivering all of the specified special educational provision to the child or young person as set out within Section F of the Plan.

The new Local Authority will also have an obligation to review the EHCP.  The new Local Authority will need to notify parents of when it proposes to review the EHCP within 6 weeks of the date of the transfer. The Local Authority will also need to ensure that the review of the EHCP takes place either within 12 months of the date the EHCP was made, or was last reviewed at an annual review meeting, or within 3 months of the transfer of the EHCP to the new Local Authority. 
Following the review of the EHC Plan, the new Local Authority may suggest amendments to the content of the EHCP, which could affect a number of factors including:

• The educational placement / school setting named in Section I of the EHCP; 
• The special educational provision that the child or young person receives.  

In some cases, the Local Authority may also propose that the child or young person undergo a full re-assessment, especially if there is a significant change in their special educational needs or circumstances. 

It is therefore imperative that parents share all relevant information with the new Local Authority at the right time. It will need to be made clear what level of support is required to meet the child or young person’s special educational needs, so as to safeguard the provision that is set out within Section F of the EHCP.   
However, if the new Local Authority make a decision to reduce the level of special educational provision within the EHCP, or erroneously change the school placement named in Section I, then parents will need to ensure that they are fully informed as to how these decisions can be challenged and whether it would be appropriate to make an appeal to the First-tier Tribunal (Special Educational Needs and Disability).  We would recommend seeking legal advice from our specialist education lawyers in these circumstances. 

Further, one of the most concerning difficulties families face when an EHCP is transferred to a new Local Authority is the delay in receiving the required support and provision whilst the EHCP is being reviewed. It is not uncommon for there to be gaps in the special educational provision being delivered whilst the EHCP transfer process is ongoing.  Unfortunately, the Local Authority may also fail to adhere to the statutory deadlines, causing a delay in the transfer process. 
This, coupled with an already stressful move, can create further difficulties for families when trying to ensure that the support the child or young person is entitled to is sufficiently put in place. 

The failure of a new Local Authority to comply with statutory deadlines during the transfer process, or failure to implement the special educational provision as set out in the EHCP, can be challenged. For example, it may be possible to make a direct complaint to the Local Authority; complaint to the Local Government and Social Care Ombudsman (LGSCO) or pursue a Judicial Review claim. However, you cannot pursue both a complaint to the LGSCO or Judicial Review and we recommend seeking legal advice as to which of these would be best for your case.  

Moving to a new LA with an EHCP in place for your child can be a challenging process, but with sufficient planning and being aware of the new Local Authority’s full legal obligations, parents can ensure a smooth transition and, crucially, make sure that the child or young person continues to receive the required special educational provision without disruption.  

If you are in the process of moving to a new Local Authority, or have already made the move, and have any queries regarding the transfer of your child’s EHCP to a new Local Authority, our specialist education lawyers can assist with providing you with advice in respect of the steps that should be taken and the obligations of both Local Authorities during this process.

If you have any questions regarding a move to a new Local Authority, or are concerned that your Local Authority is not following statutory obligations or deadlines in general, please contact our specialist education team on 0333 202 7175 or email education@hcbgroup.com,