Moving local authority - need some guidance!

[OnTheDrive]

Looking for advice regarding our 4-year-old son. He has a diagnosis of autism and significant developmental delays, and his EHCP is currently being finalized. We're planning for him to start school in September 2025, with the EHCP currently indicating specialist or resource-based provision.

We’ve named a specialist school in a different local authority as our parental preference. We recently attended an open day there and feel it’s the right fit. We’ve also chosen a backup resource-based school in the same area.

We currently live far from family, with little support, and feel isolated. We're planning to move to the new local authority in the coming months to be closer to family. Our house is on the market, and my partner is job-hunting in the area, while I can work remotely. If needed, we can temporarily stay with family there, as they’ve offered to support us.

However, our current local authority has stated they won’t consult with schools outside their area and are continuing to pursue local options. They’ve contacted our preferred school but received pushback, questioning why they’re reaching out to an out-of-area school. Our SEND lead worker is hard to contact, and although SENDIASS provided general information about moving with an EHCP, it’s not specific to our situation.

We’re also looking for support from the new local authority SEND team to identify a preschool for our son until he starts school in 2025 and to assist with the EHCP transfer and school application. We’ve mentioned to our SEND lead worker that we could use a family member’s address in the new area to expedite the EHCP transfer, but we’re unsure if this would affect his current nursery placement.

We’re hesitant to move without a preschool or support in place but wonder if this might be necessary. Can anyone with experience or understanding of this process offer advice? It feels overwhelming, and we’re not sure what steps to take next.

You should be aware if you move LA with a finalised EHCP, the new LA will review the EHCP and potential amend, reassess or even propose to cease to maintain. You would have the right of appeal, but it is something you need to be aware of.

If you are going to move, you should not move until the EHCP has been finalised.

We’ve mentioned to our SEND lead worker that we could use a family member’s address in the new area to expedite the EHCP transfer, but we’re unsure if this would affect his current nursery placement.

You can’t do this. The current LA will remain responsible for the EHCP whilst DS is resident in the current LA. The EHCP won’t transfer until you actually move - on the day of the move if you give the new LA 15 working days’ notice or 15 working days’ from when the LA was informed of the move if you don’t.

The current LA can consult, and name, out of area schools.

Be careful with SENDIASS. Some are good but many repeat the LA's unlawful policies.

@BrightYellowTrain Thankyou so much for this. So current LA could name school in another LA? Ideally we would like to aim to move in the Summer holidays to reduce risk of disruption for son with pre-school etc. But SEND lead worker has suggested they can only contact schools and persue a plan within current local authority, so we thought we would need to move sooner?

This is what current SEND lead worker has said when we asked if school could be named in new LA. (I’ve removed name and location)

‘Whilst DS home address is in !, we would only be consulting with schools in our locality. As soon as DS home address is out of ! we could look to move the plan to his new Local Authority. His new Local Authority would need the move out date and postcode and then all responsibility for the EHCP would move to that Local Authority. At this time, we can only consult based on his current address. If you are to move to extended family home, could this be identified as his primary address sooner?

LAs can name schools out of area. Unless the school is wholly independent, you don’t need an offer of a place. However, the current LA would then become responsible for it. So, how far away is the new LA? If it is, e.g. 2 hours away, it isn’t feasible for the school to be named whilst you reside in the current LA. And they are highly unlikely to agree.

The summer holidays may not be long enough for the new LA to review, consult and amend. It also won’t allow time for an appeal if necessary. If you want to guarantee DS starts school in September.

The SEN lead’s response is correct. They don’t say they will only consult in their LA. But within the current locality. This could include other LAs e.g. neighbouring LAs. From your post, I suspect the new LA won’t be within travelling distance of the current address therefore the current LA won’t name them.

@BrightYellowTrain Thankyou so much for clarifying. New LA is around 2 hours drive away so that makes sense in terms of distance etc.

We have the ability to move in with family asap in new LA, but would still need to work 3 months notice in my job etc, that still wouldn’t be until March that we could move?

The current LA is not going to name a school 2 hours away unless it is a residential school and you can looking at a residential placement.

I wouldn’t move until you have the finalised EHCP (or a refusal to issue and have submitted an appeal). Once you have the finalised EHCP (or a refusal and have submitted an appeal), I would move as soon as you can.

I don't know how relevant this is to your situation as we live in the original borough and aren't planning to move, but my DD has a secondary school in a different borough named in her EHCP.

It's certainly not unusual round here and nor is it unusual for the EHCP DC at the school to travel further than the rest (it's a mainstream). When I was researching I stumbled across a document showing my LA, until quite recently, was "exporting" fully 20% of its DC with EHCP.

Sorry, my bad, didn't see the update saying 2 hours' travel.

That's not commutable! We're an hour door to door so it's doable especially for an older child.

@OnTheDrive

I agree the LA is not going to name a school that is 2 hours' drive away, and that you should get the EHCP finalised before you move.

In terms of what happens when you move to the new LA, information here:
https://www.ipsea.org.uk/moving-to-a-new-local-authority

@Ellie56 it is lovely to ‘see’ you. I hope you and DS are doing well. Edited to add: we have ‘spoken’ before but I regularly name change now.

@BrightYellowTrain yes I recognised it was you from the posting style. DS is doing fabulously. He has his own place now and is living semi independently.

@Ellie56 Wow, that is amazing! A perfect example of how the right support makes all the difference.

Indeed.@BrightYellowTrain