EHCP

[needcoffee123]

Hi, does moving home affect an EHCP application. We are thinking of moving down the road to a different county (better high schools) but planning to keep primary school the same (EHCP application in progress).

We also have a provide ND diagnosis but waiting CAMHS, tbh we can't wait forever for CAMHS before moving so I am also not sure how this would affect things.

Any advice from anyone that has gone through this would be appreciated 🙏

If you move LA with a finalised EHCP, the new LA will become responsible for the EHCP, including the placement named where it is still feasible for the child to attend the existing school, on transfer 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 new LA will review the EHCP and potentially amend, reassess or even propose to cease to maintain. You will get the right of appeal, but it is still something you need to be aware of. All the timescales are in Reg 15 of the SEN Regs 2014.

If you move during the EHCNA, the new LA will decide whether to assess or not. They should take into account the old LA decided to assess and any information already gathered should be considered. SENCOP 9.162 covers it.

If your only reason for moving is the better school and the distance is commutable, and remaining in the current primary suggests it is, you don’t need to move. Schools in other LAs can be named in EHCPs.

Thanks for this, we are moving because the houses are more affordable and the high school there seems to have better SEN provisions.

We live in the corner of a county so just 2 miles down the road takes us over the border.

We plan to commute to the primary school as DD is really settled there but are mid EHCP application so not sure how this affects things.

We have to move as we are in a tiny house and need the extra space and bedroom but priced out the current village we are in (& the high schools in this area are crap if you don't get into the grammar)

If an EHCNA request has already been submitted to your current LA, personally, I would wait until you either have a finalised EHCP or the LA has refused to issue and you have appealed.