Moving to Wales while keeping an EHCP-funded specialist school place

[CatONineTails]

For very complicated reasons I need to move house fairly urgently. Where I live is on the English side of the Welsh border but only just (as in, by a couple of hundred metres). My 15 yr old is at an independent specialist school in Wales, but funded via an EHCP from an English LA.

My question is - the only houses I can find that I can afford, are in the nearest town which is in Wales. But Welsh LAs pretty much never fund independent specialist placements so I am worried that if I move there, my DS will lose his school place and that will be disastrous for him. Does anyone know anything about how this would work and if I'm right to think he would lose the funding when the EHCP ceased?

What do the school say?

https://www.tayntons.co.uk/what-happens-when-a-child-with-special-educational-needs-moves-to-a-new-area/

According to this, the new LA must take the plan over.(not sure if this is different when crossing from England to Wales)

That tayntons docc states.
" Where a child or young person with an EHC plan moves to Northern Ireland, Wales or Scotland, the old authority should send a copy of the EHCP to the new authority or board, although there is no obligation on the new authority or board to continue to maintain it".

The reality is that the new LA will not want to match your sons current provision. Why do you need to move?

Moving Local Authority is a risk I'm afraid, even if it was within England, especially with an 'expensive' provision. I've known people have lengthy battles to keep a school just moving over the county border.
It's even more complicated going into Wales as their system is different.
I'm sorry OP

I wouldn’t risk it. The Welsh LA might say they have a state specialist available and not fund the independent.

If this school is meeting his needs, I would recommend keeping in the same LA if possible, even if that means moving to a house that is too small.

Oops, missed that. Sorry.

One of the first questions to consider is if would it be considered a permanent or temporary move. It is sometimes possible for the current LA to still remain legally responsible for the EHCP even if DC is absent from the LA, but it depends on the circumstances. This IPSEA page covers moving LA. It includes a section on moving abroad, including to Wales, permanently. It also includes a section on temporary absences.

It might help you to look at the Welsh IDP system, too. They aren’t quite the same as EHCPs. The ALN Code and Nodi guide are good places to start.

Don’t do it. Getting independent placements fully paid for is rare enough; you have the huge risk that the new LA will say no because they have a space at a state school that they think can “meet need”. Really really do not do it.

Might it be possible for me to DM you? I'm glad you replied as I know you know your stuff! But I'm worried I've already given too much identifying information here 😬

Feel free to PM me.

Overall, whatever the answer to the question in my pp, it will be less hassle if you can avoid moving across the border. However, I appreciate that isn’t always possible.

When reading the article on the solicitor’s firm a pp linked to, it is worth knowing there has been some case law since that was written that may or may not be relevant to your circumstances (not enough information to say either way).