Q:
What is the cost of moving an EHCP from one local authority to another?
Our son has an excellent and up to date EHCP and is extremely happy at a specialist school. How we the school is an hour in a taxi from our home. We would like to reduce his journey and move closer to the school. However we are concerned the new local authority would name a new school within the 15 day window they have to review his EHCP. We are concerned the cost to fight this could escalate.
A: SenseCheck
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- 09 Apr 2024
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Simple
Missing information.:
Ms Coverley,
When inquiring about the costs involved in relocating to a different Local Authority (LA), I believe you may referring to the potential ramifications. This matter is addressed in the Noddy Guide under section:
02.16 If a CYP moves into another LA area, does the EHC Plan transfer to the new LA?
In summary:
- When a child or young person (CYP) moves from one Local Authority (LA) area to another, the old authority must transfer their Education, Health and Care Plan (EHCP) to the new authority.
- This transfer should happen on the day of the move. If the old authority only becomes aware of the move less than 15 working days before it happens, they must transfer the EHCP within 15 working days from when they find out.
- Once transferred, the EHCP is treated as if it had been made by the new authority on the same date as when it was issued by the old authority.
- The new authority is responsible for maintaining the EHCP after the transfer.
- The new authority must confirm the transfer of the EHCP and decide whether they need to carry out an assessment or review of the EHCP within 6 weeks of the transfer date.
It appears that your understanding of the process could possibly benefit from some refinement; having said that I always have to remind myself what the process is. However, as indicated, the new LA assumes responsibility for maintaining your son’s EHCP and has the authority to make amendments either as part of a review or possibly as the result of (re) assessing you son. As you will already know, any amendments can be contested – if necessary, by way of an appeal to the FtT (First-tier Tribunal).
One way to approach the situation might be to assess whether, despite the desire to reduce travel times, the potential risks associated with moving to a new LA are worthwhile, particularly considering your sons current school seems to be a success. While the new LA may offer full support of his current placement and pose no risk, there is also the possibility that they may not. Ultimately, determining the best course of action is at your discretion.
I trust this is helpful and I would be greatful if you would let us know if it was helpful.
Sean Kennedy
Talem Law
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