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Moving house - transferring EHCP with named specialist school to new council

2 replies

AlBG · 04/11/2024 13:56

Hi
We’ve been incredibly lucky in getting my ASD son into an independent specialist school but settled outside of tribunal on the condition we sorted out transport. We’re doing that but it’s taking its toll and we’d be very happy moving closer to the school, especially as we really like the area. However this would mean moving under a new council and so presumably EHCP will need to be transferred.
Does anyone have any experience of this and how difficult it can be? If the school is already named on the EHCP does this mean that the new council is likely just to agree or could we find ourselves back in the tribunal process, my son out of school whilst it’s being determined and potentially the new council rejecting the independent specialist school and naming another school (which I suspect wouldn’t be suitable).

I don’t want to risk losing the school and so will suck up the transport and stay put if it’s going to be too difficult/risky.
Thanks for your thoughts.

OP posts:
BrightYellowTrain · 04/11/2024 15:22

This could be risky. If you move LA, the new LA will become responsible for the EHCP, including the placement within it. However, the new LA will review the EHCP and potentially propose to amend or propose to cease to maintain. They may also want to reassess. There is no guarantee the new LA will continue to name the SS. They may well force you to appeal, especially in the current climate. Is the school wholly independent or a section 41 independent?

If the only reason for moving is the transport, have you thought about challenging that? You might find this article from SENTAS helpful.

Thisismynewusernamedoyoulikeit · 04/11/2024 18:17

The system is really stupid. PP gave great advice. I'm just here to feel frustrated on your behalf.

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