On this page we explain what happens if your child or young person has an EHC plan and moves.

After they move, a new local authority (LA) might become responsible for the EHC plan and the plan will transfer to that new LA as if it originally issued it. Sometimes however, the plan does not transfer to a new LA and remains with the LA the child has moved from.

It all depends on which LA is ‘responsible’. This is set out in section 24 of the Children and Families Act (CFA) 2014.

This says an LA is responsible for a child or young person who has or may have special educational needs (including those with EHC plans) if the LA has identified them as such or had them brought to its attention, and the child or young person is in the LA’s area.

Being in an LA’s area can mean being physically present in it, but can also cover temporary absences where the child or young person is considered ‘ordinarily resident’.

Please click on the links for information on:

Permanent moves to a new LA

Permanent moves abroad

Temporary absences

Permanent moves to a new LA

When a child or young person with an EHC plan moves permanently into a different LA’s area in England, the EHC plan will need to transfer to the new LA.

The legal requirement for the new LA to start making the provision in the EHC plan is set out in regulation 15 of The Special Educational Needs and Disability Regulations 2014. There is also guidance for LAs in the SEN and Disability Code of Practice (the Code) at paragraphs 9.157 to 9.161.

Transfer of the EHC plan to the new LA

The law sets out when the child or young person’s EHC plan transfers to the new LA: 

If	Then
You give the LA you are moving from at least 15 working days’ notice of your move	It must transfer your child or young person’s EHC plan to your new LA on the day that you move
You give the LA you are moving from less than 15 working days’ notice of your move	It has 15 working days from the day it knew you were moving to transfer the EHC plan to your new LA

Therefore it is best if you tell the new LA (usually the SEN team within Children’s Services) in advance that you are going to be moving into the area.

As soon as the EHC plan has transferred, the new LA has the same legal duties as if it had issued the EHC plan itself. The most important duty is to make sure that your child or  young person receives all of the special educational provision specified in Section F of the EHC plan. If the LA does not do this, you should read the information on our website about Enforcing your EHC plan.

The new LA has six weeks from the transfer to notify you that the EHC plan has been transferred, and to let you know when it is going to review the EHC plan (see below).

In the meantime, if the EHC plan names a school for which fees must be paid in Section I, “the new authority may not decline to pay the fees or otherwise maintain the child at an independent or non-maintained special school or a boarding school named in an EHC plan unless and until they have amended the EHC plan” (Paragraph 9.159 of the Code).

If it is no longer practicable for your child or young person to attend the school or college named in Section I (perhaps because it is too far away) then your LA has a duty to arrange for them to attend another appropriate school as soon as the EHC plan has been transferred. The LA should then start the process of reviewing and amending the EHC plan straight away, because an EHC plan must name a school or setting that the child or young person is attending. In this process, you will have the right to request a school or setting you want your child to attend and if you are unhappy with the school or other setting that the LA has arranged attendance at, you can request another one.

If the new LA does not immediately arrange attendance at an appropriate school, you should consider using our template letter to bring this to the LA’s attention.

If your child is of compulsory school age and you are concerned that the LA may arrange attendance at a school that is not appropriate, you could instead remind the LA of its duty to arrange  suitable full-time alternative education (section 19 Education Act 1996) when a child of compulsory school age isn’t able to attend school. 

First review of the EHC plan by the new LA

The new LA must review the EHC plan within either 12 months from the EHC plan being made or last reviewed, or 3 months from the date of the transfer, whichever is the later. It must follow the correct process for an annual review.

If the new LA does not complete a review within this time frame you can take action.

Health provision in the EHC plan

A move may mean that the child or young person not only changes LA but also finds themselves under a new commissioning body (formerly known as a clinical commissioning group, and now known as an Integrated Care Board) for their health services. 

Where it is not practicable for that new commissioning body to arrange the health care provision specified in the EHC plan:

• it must, within 15 working days beginning with the date on which it became aware of the move, request that the new LA makes an EHC needs assessment or reviews the EHC plan, and
• the new LA must comply with such request (paragraphs 9.163-5 of the Code).

What will happen after the review or re-assessment?

After a review or re-assessment your new LA could decide to:

• Keep the EHC plan the same.
• Make changes to the EHC plan. You will have a chance to make representations about these changes and object to any amendments you disagree with in the same way you would after an annual review.
• Cease to maintain the EHC plan.

Whichever decision your new LA makes, if you disagree with it you can appeal to the SEND Tribunal.

Moving abroad permanently

If you move permanently to a different country, rather than to a different English LA, then the situation is different. This includes if you move to Wales, Scotland or Northern Ireland for example.

There is guidance for LAs on what they can do if a child or young person with an EHC plan moves permanently abroad which you may find useful to read.

This guidance makes clear that there is no requirement on the LA to cease an EHC plan in these circumstances, and an LA has the power to maintain the plan. However, if it decides not to maintain it, and wishes to exercise its power to cease to maintain the plan on the basis it is no longer responsible for your child or young person, then the LA must:

Duty	Action
Inform	you or the young person that it is considering ceasing to maintain the EHC plan.
Consult	you or the young person, as well as the head teacher or equivalent person at the named setting, using a lawful consultation.
Notify	you or the young person, the named setting and the responsible commissioning body of its decision. It must also notify you or the young person of appeal and mediation rights, together with other information.

Whenever an LA makes a cease to maintain decision, parents and young people can appeal against this decision. Please see our appeals against a cease to maintain decision page for more information.

Temporary absences

As we explained above, which LA is responsible for an EHC plan following a move depends on whether the child or young person with the EHC plan is considered to be ‘in the LA’s area’.

A child or young person can be ‘in an LA’s area’ for these purposes even if they are temporarily absent from it. This will not always be the case. It depends on whether they are considered absent but “ordinarily resident” in the area.

What's relevant when deciding ordinary residence?

The period of absence on its own does not decide this. All the circumstances must be considered, including how long the child or young person will be away for.

This means that a child could, in some circumstances, be away from their LA’s area for some years even but still be considered ordinarily resident there and that LA will be responsible for their EHC plan.

This means that, for example:

• children in care on temporary placements
• the children of armed forces personnel travelling with their family on deployment, and
• the children of separated or divorced parents

who may live in different areas of the country or the world can remain ordinarily resident in a particular LA.

For ordinary residence to transfer to somewhere else there has to be an intention of lasting character to make the other place the permanent or habitual centre of their interests. 

Case law has looked at what it means to be ordinarily resident in an LA’s area, and what powers an LA has if a child is, or is not, ordinarily resident in its area.

If a child is ordinarily resident in an LA's area but away from it for a while, can that LA try to stop their EHC plan?

An English LA can look to cease to maintain (stop) an EHC plan if it considers that it is no longer necessary for the plan to be maintained or if it is no longer responsible for the child or young person. It does not have to cease a plan in these circumstances, but it is a power that it can use. It has discretion, so can choose, whether to do this or not. This means that your LA could decide to keep the EHC plan in place, and in making this decision your LA will need to act reasonably.

If a child or young person is away from the LA’s area but remains ordinarily resident there, that LA cannot look to cease to maintain the EHC plan on the basis that the LA is not responsible. It does not have this discretion. That LA is still responsible in this situation and does not have a power to cease the plan.

If you move abroad and don’t plan to come back, your previous LA may contact you about stopping your child or young person’s EHC plan on the basis that it is no longer responsible for them and there won’t be a new LA taking over this responsibility (as in the process explained above).

If your move abroad or to a different LA isn’t permanent and you’ll be moving back to the same LA, make this clear to the LA. This is because if your child or young person is going to be out of the country temporarily but where they ordinarily live remains the LA, it won’t be able to say it’s no longer responsible for them and take away their EHC plan on that basis.

If you think your child or young person’s EHC plan should be maintained whilst they are away from the area, you should make all the relevant factors and circumstances known to the LA for it to consider. For example, you could say how long you plan for them to be away , why and where you expect to live when you return. You should also explain anything which helps show that you have not decided to move abroad or to a new LA permanently, for example if you are keeping a home in the LA and/or will be abroad with your family due to work and your employer provides assistance with returning to the LA.

If the LA decides to cease to maintain your child’s EHC plan in these circumstances, it must follow a legal process and you will have a right to mediate and appeal this decision in the SEND Tribunal.

What happens to the EHC plan whilst the child is away but ordinarily resident in the LA's area?

All LAs have duties to secure special educational provision specified in an EHC plan unless the parent or young person is making suitable alternative arrangements (such as elective home education or paying to send them to a different school). They also have duties to pay school and provision fees and secure temporary education in some situations.

What duties and powers an LA has whilst a child or young person is temporarily away from its area but ordinarily resident depends on whether suitable alternative arrangements are being made.

If the child or young person remains ordinarily resident in their LA’s area and the parent or young person has not opted to make suitable alternative arrangements during the absence, then the following applies to that LA:

If	Then
the child is not attending any school in the new English LA (maybe because no suitable setting with a place can be found)	during their absence, the LA:  will want to amend Section I to name a type of school. This will release the school place named in the EHC plan and remove its duty to admit if relevant, as well as the LA’s duties to pay fees under section 63 CFA 2014, and  must arrange section 19 Education Act (EA) 1996 alternative education (if the child is compulsory school age) and secure the provision in Section F under section 42(2) CFA 2014.  The LA remains responsible for the child so both these two duties fall to it.
the child starts attending a new school in the new area	during the absence, the LA: will want to amend Section I to name the new school. Regulation 12 of The SEND Regulations 2014 states that Section I must set out the name (or type) of the school or other institution to be attended, and  must pay any fees payable under section 63 CFA 2014, as it remains responsible.
the child ‘returns’ to live in their LA	on return, the LA: has options. It can: review using the annual review if one is approaching to review the plan and decide to amend if necessary  if the annual review is not due, review using SEND Regulation 28, or agree to a parental request for an early review if one is made, or  re-assess under section 44(3) CFA 2014, and must, if the child is of compulsory school age, continue with section 19 EA 1996 education if no setting was attended during the absence/put it in place if the school that was being attended can no longer be attended.

If the child or young person remains ordinarily resident in their LA’s area and the parent or young person is making suitable alternative arrangements during the absence, then the following applies to that LA:

If	Then
the child is attending a new school under arrangements made between the parent and the school	during the absence, the LA will want to amend the plan to name a type of setting to be attended instead. This will mean the named school’s place is released and the LA won’t have to pay any fees under section 63 CFA 2014.
the child is not attending any setting	during the absence, the LA will want to assure itself that the child is receiving a suitable education for the duration of the absence. No duty on the LA to secure education will arise. The LA will want to amend Section I to name a type of school.
the child ‘returns’ to live in the LA and the parent stops making alternative arrangements	on return, the LA:  has options. It can review the plan or re-assess the needs: review using the annual review if one is approaching to review the plan and decide to amend if necessary  review using SEND Regulation 28, or agree to a parental request for an early review if one is made, if the annual review is not due, or  re-assess under section 44(3) CFA 2014, and  must, if the child is of compulsory school age, put section 19 EA 1996 education in place, whilst a new placement is identified.

If you haven’t been able to find the answer to your question on this page, see our FAQs.