If you are moving to live in another local authority (LA) mid-way through a SEND Tribunal appeal you must inform the SEND Tribunal immediately.

The SEND Tribunal will then contact the new LA to tell them about the appeal and the new LA may be substituted (replaced or exchanged) as a party to the appeal as if the new LA had made the decision.

In an appeal about the contents of an EHC plan:

  • the SEND Tribunal will usually suspend (pause) the appeal to allow the new LA to follow the transfer of an EHC plan process which involves reviewing the plan and may include a re-assessment. The new LA will have between three and twelve months to complete a review of the EHC plan. Therefore, moving LAs mid-way through a contents appeal could cause significant delay to the appeal's conclusion.
  • If you are still unhappy with the plan following this transfer process, the SEND Tribunal should reinstate (restart) the appeal and at that point substitute or replace the new LA as the other party. The old LA will take no further part in the appeal. 
  • You could ask the SEND Tribunal to consider substituting or replacing the new LA as party to the appeal without first reviewing the plan, especially if the matter is urgent. You will want to state any reasons why delay would prejudice your child and would not be in the interests of fairness. 
  • There will be a new timetable for supplying evidence.

If the appeal is about the previous LA’s refusal to assess or refusal to issue an EHC plan the new LA will be substituted as a party to the appeal immediately, unless there are good reasons why it should not take over the appeal. There will be a new timetable for supplying evidence, however.