Moving home is demanding enough. When a child or young person has an EHCP, it can feel as though every professional is giving a different answer about the new area, funding or school place.
There can be real differences between local offers, commissioning arrangements and the way plans are written. But an EHCP is not a grant that disappears at the county line. In England, the new local authority becomes responsible for the plan and the special educational provision it contains.
What transfers, and when?
Tell both authorities about the move in writing as early as you can. Where the old authority had at least 15 working days’ notice, it must transfer the EHCP and the associated advice and information to the new authority on the day of the move. If it had less notice, it must do so within 15 working days of learning that the move has happened.
The new authority then takes responsibility for the EHCP. It should not treat the move itself as a reason to leave Section F unsupported or require you to start the whole process again. This is often the point at which a calm written timeline helps: date of move, last annual review, named setting, provision due and every response from each authority.
Question | The practical position |
|---|---|
Does the EHCP stop on moving day? | No. Responsibility transfers to the new authority. |
Can the new authority use a different funding band? | Local mechanisms can differ, but provision must still meet the needs recorded in the plan. |
What if the named school is no longer practical? | The new authority must arrange an appropriate school or other institution while the plan is dealt with properly. |
Must there be a new assessment immediately? | Not automatically. The authority must review the transferred plan by the applicable statutory deadline. |
The review deadline after a move
The new authority must review the plan by whichever is later: 12 months after the plan was made or last reviewed, or three months after it was transferred. A review may lead it to maintain, amend or cease the plan, but those are legal decisions with a process behind them—not informal impressions from a telephone call.
If an amendment is proposed, ask for the draft and read Sections B, F and I together. Section B describes needs. Section F should say what special educational provision will be delivered. Section I names the placement. A change of school should not become a quiet loss of therapy, staffing or transition support.
For example, a family may move halfway through Year 6. The new authority might have a different model for funding teaching-assistant support. That does not answer the actual question: what provision does this child need, how is it described in Section F, and who will secure it while a secondary place is being arranged?
“The postcode lottery” is not the legal test
Comparing funding figures with another area is understandable, but a higher figure elsewhere does not by itself prove that your child’s plan is wrong. Local budgets and labels vary. The key issue is whether the EHCP accurately identifies needs and specifies suitable provision.
Look out for wording that is too loose to check in practice, such as “access to support”, “regular input” or “as required”. Ask focused questions:
What support will be delivered, by whom and how often?
Is it special educational provision that belongs in Section F?
What must happen during the first weeks after the move?
Is the proposed new school able to deliver every part of the plan?
Keep the questions tied to a document, meeting or date. That usually gets a clearer answer than debating whether one council is generally better than another.
A practical handover file
Before moving, keep one folder containing the current final EHCP, the latest annual-review report, professional advice, attendance information, transition plans and important emails. Add a one-page summary of what currently works and what has caused difficulty.
Caira can help you organise documents you are allowed to share, compare a draft plan with the evidence and turn the transfer dates into clear questions. It cannot decide whether a school can meet needs or guarantee an authority’s decision.
When a decision needs challenging
The new authority may eventually issue a final amended plan, decline to amend, or decide to cease the EHCP. Keep the decision letter: its date can matter. In most cases, an appeal to the SEND Tribunal must be registered within two months of the decision letter or one month of the mediation certificate, whichever is later. A placement-only appeal does not require a mediation certificate.
Do not assume that an unresolved move means nothing can happen. Ask in writing what provision is being secured now, who is responsible and when the transferred-plan review will take place. A short, factual record is easier for everyone to work with when the first few weeks are unsettled.
Common mistakes to avoid
Accepting a verbal statement that the EHCP “has not come across yet” without asking for the transfer position in writing.
Focusing only on a funding figure, rather than the provision needed in Section F.
Waiting for the three-month point before asking how support is being arranged now.
Treating a draft or school consultation email as a final EHCP decision.
Questions families can feel awkward asking
Can the new authority tell me to apply for a fresh EHCP?
The move transfers responsibility for the existing plan. A reassessment is not automatic simply because a family has moved.
Does the new school have to deliver the old plan exactly as written?
The authority remains responsible for securing the special educational provision in the EHCP. If a genuine change is proposed, it should be dealt with through the statutory plan process rather than left as an informal reduction.
We have moved urgently. Have we lost our rights because we gave little notice?
No. Notice can affect the old authority’s transfer timetable, but it does not remove the child or young person’s EHCP or the new authority’s responsibility once the move is known.
This article is general information, not legal, financial, medical or tax advice.
