Sen - school

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Hi, I’m hoping someone can explain the process for moving to a different county with a child who has an EHCP who attends a SEN school , as much as i love her school .we need a family suppourt networks around us so we will likely need to move to another county which is about an hour away from where we currently live . I want to be closer to family support, and I understand my child will probably need to move to a different school once we relocate.

I want to make sure I follow the correct steps so there is no gap in my child’s education.

I’m mainly trying to understand:
• How does the EHCP transfer to the new county?
• Do I need to wait until I have moved before the new council gets involved?
• How long does it usually take for the new council to arrange a new placement?

• Is there anything I should do now to avoid delays?

Her EHCP was recently reviewd last month and still has same banding but i also understand this may change once we move .

If anyone has experience of moving counties and transferring an EHCP, I’d really appreciate any advice on the process and timelines.

Thank you

When you move LA with an EHCP, the new LA becomes responsible for the EHCP, including the placement named in I in situations where it is still feasible for the CYP to attend that school, on transfer. The EHCP transfers on the day you move if you give the new LA at least 15 working days’ notice or 15 working days from when the LA was informed of the move if you don’t. (Regulation 15 of the Special Educational Needs and Disability Regulations 2014.) So you should inform the new LA beforehand. Also inform your current LA.

If it isn’t feasible for DD to still attend the current school, the LA are still responsible for providing education. Unfortunately, LAs often drag their heels when doing this. You may need to chase and chase. Sadly, you may need to go down the legal route.

Within 6 weeks of the date of the transfer, the LA must inform you when they will review the EHCP. The new LA will then review the EHCP within 12 months of the previous AR or 3 months from the date of the transfer, whichever is later.

As part of the review process, the LA may propose to amend or even propose to cease to maintain. You would have the right of appeal, but it is something you need to be aware of. They may also decide to undertake a reassessment of needs.

Focus on the provision in the EHCP rather than the banding.

I mean it's up to you of course but if you have an acceptable school I would NOT move unless by family support, you mean willing to support while your child is out of education for a considerable time, as sadly that is a not unlikely outcome.

It is a big risk for the sake of an hour. Is there anything you can do to make it easier for family to visit?

It’s very likely there will be a period of time out of school when you move, unless your child stays in their current school and the new LA are happy to fund the place and pay transport costs. The new LA may not have a suitable special school place and they might offer some tuition at home while they find a place. You’ll be on a waiting list. You can’t preempt the move as the new LA are not responsible until you actually move and most won’t get involved until then. Even moving mainstream to mainstream involves a delay but moving special to special can be a nightmare.

If attending the current school is still practicable, which it may well be if OP is only moving 1 hour away, it doesn’t matter if the new LA is happy to fund the place/transport or not. They will have to until the EHCP is amended following review.

OP can’t be forced to accept provision (which should be more than just tuition because the LA will be responsible for anything detailed, specified and quantified in F as well as a suitable full-time education) at home.

For non-wholly independent schools, waiting lists don’t exist like they do for admissions to mainstream schools for those without EHCPs. Being ‘full’ is not enough of a reason on its own to refuse to name a non-wholly independent school in I.