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SEN

Here you'll find advice from parents and teachers on special needs education.

What happens with EHCP is you move areas

5 replies

movingawaypossibly · 09/04/2025 15:07

Seriously considering moving to Hereford. Ds10 is autistic and moved to a sen school from mainstream last year. Am I right thinking the new LA would do a new assessment on him?
thanks

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movingawaypossibly · 09/04/2025 16:10

Do I find a house first or school?

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StrivingForSleep · 09/04/2025 16:14

If you move LA with an EHCP, the new LA will become responsible for the EHCP on transfer. That happens 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. This includes becoming responsible for the placement named in section I where it is still feasible for the child to attend the existing school. If that isn’t practicable, the LA must make other arrangements for education.

Within 6 weeks of the transfer, the new LA must inform you when they will review the EHCP. This must happen within 12 months of the previous review or 3 months of transfer, whichever is later. They may also inform you whether they propose to undertake a reassessment of needs.

Moving LA can be risky. The new LA may amend or even propose to cease to maintain. You would have the right of appeal, but it is something you should be aware of.

You won't be able to be certain of the school before moving. However, I would check there is a suitable school within travelling distance of whatever house you look to move to.

movingawaypossibly · 09/04/2025 16:16

Thanks this is great. I’m basically choosing an area based on a suitable school near by.
it is worrying about them potentially ceasing the EHCP but I’m sure if it went to appeal we would win it, you can’t just take away a care plan from a child that can’t go to a mainstream school surely

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StrivingForSleep · 09/04/2025 16:21

you can’t just take away a care plan from a child that can’t go to a mainstream school surely

I have known LAs to try. Like I say, you would be able to appeal, but it is still something to be aware of. There is also the possibility the LA won’t cease but would name a MS and you would then need to appeal that - this situation is more common.

movingawaypossibly · 09/04/2025 16:30

StrivingForSleep · 09/04/2025 16:21

you can’t just take away a care plan from a child that can’t go to a mainstream school surely

I have known LAs to try. Like I say, you would be able to appeal, but it is still something to be aware of. There is also the possibility the LA won’t cease but would name a MS and you would then need to appeal that - this situation is more common.

Yes I did think of that too! Could potentially be a nightmare but I’ve fought for ds before and I will do it again over and over

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