Moving to a New Local Authority with an EHCP
What families need to know
Moving house can be exciting, stressful, and overwhelming all at the same time. When your child or young person has an Education, Health and Care Plan (EHCP), it’s natural to worry about what will happen to their support, school placement, and the hard-won provision that has taken so much time and effort to secure.
The good news is that moving to a new local authority (LA) does not mean starting from scratch. There are legal protections in place to ensure your child’s EHCP continues and that support should remain in place during the transfer process.
In this blog, we explain what happens when you move to a new local authority, what families can expect, and what additional considerations apply if you are currently involved in a SEND Tribunal appeal.
What Happens to the EHCP When We Move?
If your child or young person has an EHCP and you move permanently to a different local authority area in England, responsibility for maintaining the EHCP transfers from your old local authority to the new one.
The old local authority must transfer the EHCP:
On the day you move if they received at least 15 working days’ notice of the move.
Within 15 working days of becoming aware of the move if less notice was given.
Once the transfer takes place, the new local authority becomes responsible for the EHCP and must treat it as though it originally issued the plan.
Will My Child Lose Their Support?
In law, the answer is no. The new local authority takes on responsibility for delivering the special educational provision specified in Section F of the EHCP. This duty applies from the point the EHCP transfers to the new authority. This means that your child’s identified provision should continue while the new authority reviews the plan and considers any future amendments.
If attending the school named in the existing EHCP is no longer possible because of the move, the new local authority must arrange suitable alternative educational provision until the plan is amended.
Will the New Local Authority Review the EHCP?
Usually, yes. The new local authority is expected to review the EHCP after transfer. Following that review, they may decide to:
Maintain the plan as it is.
Amend the plan.
Carry out a reassessment in some circumstances.
A move does not automatically mean your child’s needs have changed. However, local authorities often wish to review plans to understand the child’s current circumstances and educational arrangements. This is why it is important for families to keep copies of:
Professional reports.
Annual review paperwork.
Previous tribunal decisions.
Evidence demonstrating your child’s needs and required provision.
Having these documents readily available can make the transition much smoother.
Moving During a SEND Tribunal Appeal
Moving to a new local authority whilst an appeal is ongoing can add an extra layer of complexity. If you are in the middle of a SEND Tribunal appeal and move to a different local authority area, you should inform the Tribunal as soon as possible. The Tribunal will usually notify the new local authority and may substitute them as the respondent in the appeal. In effect, the new authority can take over responsibility for the case.
Appeals About the Contents of an EHCP
Where the appeal concerns Sections B, F or I of the EHCP, the Tribunal will often pause the appeal to allow the new local authority to complete the EHCP transfer and review process.
This can unfortunately cause delays, particularly where the new authority wishes to review or reassess the plan before the appeal progresses. Once the transfer process has been completed, the appeal can usually be reinstated if disputes remain. The previous local authority would generally take no further part in the proceedings.
Appeals About Refusal to Assess or Refusal to Issue
If the appeal relates to a refusal to carry out an EHC needs assessment or a refusal to issue an EHCP, the new local authority will usually be substituted into the appeal more quickly.
The Tribunal will issue a revised timetable and the appeal can continue against the new authority.
Why Early Planning Matters
If you know a move is likely during an ongoing appeal, obtaining specialist advice early can help you:
Understand potential delays.
Preserve important evidence.
Ensure the Tribunal is informed promptly.
Consider whether requests should be made to minimise disruption to the appeal process.
Top Tips for Families
1. Tell Both Local Authorities Early
As soon as your move is confirmed, notify both the old and new local authority SEN teams in writing. The more notice you provide, the smoother the transfer process is likely to be.
2. Create Your Own EHCP File
Keep copies of:
The current EHCP.
Previous EHCP versions.
Annual review paperwork.
Professional reports.
School records.
Tribunal documents and decisions.
Never assume information will automatically transfer between services.
3. Research Schools Before You Move
If there is a possibility that a school change will be required, start exploring options early and gather information about suitable provision.
4. Keep a Record of Communication
Maintain a simple log of:
Emails sent.
Telephone calls.
Meetings.
Promises made by professionals.
Good records can be invaluable if there are disputes later.
5. Check That Provision Is Being Delivered
After the EHCP transfers, monitor whether support is actually in place.
If provision is missing, raise concerns promptly and in writing.
6. Don’t Assume Your Tribunal Appeal Will Disappear or Carry on Without Delays
A move does not automatically end an appeal, but it can affect how it proceeds. Make sure the Tribunal is aware of any change of address or local authority as soon as possible and be prepared for the appeal process being delayed.
7. Seek Support Early
Moving house is stressful enough without having to navigate SEND law alone. Empowering Families of Children with SEND can help you during the process of moving LA with an EHCP during the appeal process. Early support can help families understand their rights and avoid unnecessary delays. Please contact us at appeals@empoweringSENDfamilies.co.uk for more information
Final Thoughts
Moving to a new local authority with an EHCP can feel daunting, particularly when you have worked so hard to secure the right support for your child or young person. While the process can sometimes be challenging, the law provides important protections to ensure that EHCPs transfer and that educational provision continues.
Preparation is key. Keeping organised records, communicating early, and understanding your rights can make a significant difference and help ensure your child remains at the centre of decision-making throughout the move.
At Empowering Families, we understand that every family’s circumstances are unique. If you are planning a move or experiencing difficulties following a transfer to a new local authority, seeking advice early can often prevent problems from escalating and help ensure your child continues to receive the support they need.
Further Information
Where do I go from here, and how can Empowering Families of Children with SEND Ltd help me?
If you require additional support, find out how Empowering Families of Children with SEND can help you here.
If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there.
Our YouTube channel has over 125 support videos.
For more information about how Empowering Families can help you, email
Book a meeting with us here.
We are, and always will be, Stronger Together.
You can find testimonials to our bespoke services on our website and Facebook Business page here.
