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• 04 Nov 2022

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  Yes. Where a CYP moves from the area of one LA to another, then the old authority shall transfer the EHCP to the new authority 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 from when it became aware. From the date of transfer, the EHCP is treated as if it had been made by the new authority on the date it was made by the old authority and must be maintained by the new authority. The new authority must confirm that the EHC plan has been transferred, and whether it proposes to carry out an assessment or review of EHCP within 6 weeks: Regs2014 r15.

  For commentary on the definition of “move” see JG v Kent CC [2016] #133-134.

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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