We moved home two months ago. After we moved we got a letter from the new LA telling us that they had received a copy of our son’s EHC plan from the old authority and that they would be reviewing it in three months’ time. What should happen?

The letter also said that the local authority had no plans to reassess him. Before we moved, he was getting four hours of specialist teaching and one hour of speech and language therapy in a special school each week. Since we moved he has been getting nothing, despite the fact that we have spoken to the local authority on a number of occasions. Do we have to wait for the review before anything happens?

As described in the section about moving to a new LA, the new local authority (LA) has a duty to make sure the special educational provision specified in Section F of his EHC plan is made. The fact that the LA has decided to review the EHC plan in 3 months’ time is irrelevant; it should be making the special education provision now.

If it is no longer possible for your son to attend the school named in Section I of his EHC plan (perhaps because you have moved quite far away) then the LA must arrange for him to attend another appropriate school until it reviews and amends his EHC plan.

If an appropriate school place cannot be arranged straight away. the LA must provide suitable alternative full-time education for him in the meantime.

You should write immediately to the LA to complain. You should adapt our template letter to include the information about your move. If your son is without a school place, it may be easier to adapt this template letter (titled 22c) to complain that the LA must find a school (or provide alternative education) for him until the EHC plan has been reviewed and amended.