The SEND Code of Practice provides statutory guidance on duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations and applies to England. It relates to children and young people with special educational needs (SEN) and disabled children and young people. A ‘young person’ in this context is a person over compulsory school age and under 25. Compulsory school age ends on the last Friday of June in the academic year in which they become 16. For ease of reference, young people are referred to in this Code of Practice as ‘over 16’.
Click here to download the SEND Code of Practice.
What is an Education, Health and Care Needs Assessment?
The majority of children and young people with Special Educational Needs or disabilities will have their needs met within local mainstream early year’s settings, schools or colleges. Some children and young people may require an EHC Needs Assessment in order for the local authority to decide whether it is necessary for it to make provision in accordance with an EHC plan.
The purpose of an EHC plan is to make special educational provision to meet the special educational needs of the child or young person, to secure the best possible outcomes for them across education, health and social care and, as they get older, prepare them for adulthood.
An EHC Needs Assessment is only necessary if your child’s education setting cannot provide all of the help that they need and will usually only happen after the graduated approach has been followed.
How can I request an EHC Needs Assessment and what happens after the assessment is requested?
The following people have a specific right to ask the local authority to conduct an education, health and care needs assessment for a child or young person aged between 0 and 25:
- The child’s parents
- A young person over the age of 16, but under the age of 25, and
- A person acting on behalf of a school or post – 16 institution (this should ideally be with the knowledge and agreement of the parent or young person where possible)
In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the local authority, particularly where they think an EHC needs assessment may be necessary. This could include, for example:
- foster carers
- health and social care professionals
- early years practitioners
- youth offending teams or probation services
- those responsible for education in custody
- school or college staff
- family friend
Bringing a child or young person to the attention of the local authority will be undertaken on an individual basis where there are specific concerns. This should be done with the knowledge and, where possible, agreement of the child’s parent or the young person.
Parents, carers and young people can talk to Hartlepool SEND Information, Advice and Support Service who can provide more information and assist in making a request for an EHC needs assessment.
As a parent or carer you can make a request for an EHC needs assessment if your child has (or you as a young person have) a learning difficulty or a disability which is holding them/you back at school or college, and you believe that the school or college may not be able to provide all of the help and support which is needed, then you should make a request to the LA for an EHC needs assessment. You can do this at any time.
You can only ask for an EHC needs assessment if you/your child has, or may have, SEN – it does not apply where there are only health or social care needs. Remember that under the law, a child has SEN if they have a learning difficulty or a disability which calls for special educational provision.
For children of compulsory school age or younger, you as their parent or carer make the request. This includes children from age 0 to 5, where you should make a request if you believe that your child will need extra help at nursery or when they start school.
If you are a young person (over compulsory school age and up to 25), you can make the request yourself. If a young person is not able to understand, remember or communicate decisions about the educational support they need, their parent or carer can make the request on their behalf.
It is helpful to speak to your child’s school or college about your worries before making your own request for an EHC needs assessment. You should speak to the relevant class or subject teacher, the school SENCO or the person at the college responsible for SEN provision, and the head teacher. Sometimes the school or college might tell you that your child would not qualify for an EHC needs assessment or an EHC plan. You can still apply for an EHC needs assessment even if your child’s school does not agree that it is needed.
If the school or college is willing, you could ask them to write a letter which supports your own application. If you are told the request will ‘look better’ if the school/college makes it on your behalf, you should know that the law treats requests made by parents, young people and education settings in the same way. The same legal test applies regardless of who makes the request for assessment.
You should make a written request to the local authority, in which you live, and keep a copy of your letter. Your letter should set out:
- why you believe your child has or may have special educational needs and
- why you believe they may need special educational provision to be made through an EHC Plan.
In other words, you need to explain why you believe the legal test for assessment is met. You can use IPSEA’s template letter for your request. IPSEA also has template letter which you can use to ask for information from the school and LA which may help you to show that the legal test is met.
If you live in Hartlepool, a request for an EHC Needs Assessment (and any associated documentation) should be sent to sen@hartlepool.gov.uk.
What happens after an EHC needs assessment is requested?
The Local Authority has a SEND Panel which meets to consider requests for EHC needs assessment. The panel includes representatives from education, health and social care and meets every 4 weeks.
When the local authority receives the request for an EHC needs assessment they will send you a letter confirming this and to let you know when the date of the next SEND Panel meeting will be held to discuss and make a decision on your request for an EHC needs assessment.
Following a request for an EHC needs assessment, or the child or young person having otherwise been brought to its attention, the local authority must determine whether an EHC needs assessment is necessary. The local authority must make a decision and communicate the decision to the child’s parent or to the young person within 6 weeks of receiving the request. The local authority does not have to consider whether an EHC needs assessment is necessary where it has already undertaken an EHC needs assessment for a child or young person during the previous six months, although the local authority may choose to do so if it thinks it is appropriate.
You will then have a maximum of 6 weeks to wait before you find out if the Panel has agreed that an assessment should start or has recommended that the child’s needs can be met at SEN Support.
It is important that the request for an EHC needs assessment contains as much information as possible so that the Panel can reach the right decision about whether or not to start the assessment. The Panel might ask for more information if it is felt that there is not enough detail to make a decision.
After the Panel meeting, the local authority will contact you to let you know what has been decided. If it is decided that your child does not need an assessment, and you disagree with the decision, you can ask the SEND Team for details of the independent disagreement resolution arrangements and mediation. If you are still unhappy, you have a right to appeal to the First – tier Tribunal (Special Educational Needs and Disability). You can access impartial information, advice and support through the process by contacting Hartlepool SENDIASS.
EHC Needs Assessment Timescales
The diagram below sets out the statutory timescales and decision points for the process of EHC needs assessment and EHC plan development that local authorities must adhere to, subject to specific exemptions set out in paragraph 9.42 (Page 152) in the SEND Code of Practice January 2015.
Throughout the statutory process for EHC needs assessment and EHC plan development, local authorities must work in partnership with the child and his or her parent or young person.
What happens during a needs assessment and how is an Education, Health and Care Plan prepared?
The whole assessment process must take no longer than 20 weeks (except in a few exceptional circumstances) from the Local Authority receiving the request for assessment. If the Panel make a decision to carry out an assessment you will be allocated an SEN Case Officer who will take you through the process from start to finish.
You will be asked to sign a contract form that will give the local authority permission to share information between the people who will be involved in the assessment. The local authority will also explain how the assessment process will work, including how long each stage of the process will take, and also make a list of the people who are already involved in supporting your child.
The SEN Team in conjunction with your child’s school (if they attend school), will then organise a date for the Assessment Planning Meeting. You know your child best and it is very important that you are part of this meeting. At this point, this is the section that will be discussed and your allocated SEN Case Officer will normally be responsible for overseeing this meeting and they will record what everyone says.
What to include in each section of the EHC Plan
| Section | Information to include |
| (A) The view, interests and aspirations of the child and their parents, or of the young person | Details about the child or young person’s aspirations and goals for the future (but not details of outcomes to be achieved). When agreeing the aspirations, consideration should be given to the child or young person’s aspirations for paid employment, independent living and community participationDetails about play, health, schooling, independence, friendship, further education and future plans including employment(where practical)A summary of how to communicate with the child or young person and engage then in decision-makingThe child or young person’s historyIf written in the first person, the plan should be clear whether the child or young person is being quoted directly, or if the views of parents or professionals are being represented |
| (B) The child or young person’s special educational needs (SEN) | All of the child or young person’s identified special educational needs must be specifiedSEN may include needs for health and social care provision that are treated as special educational provision because they educate or train the child or young person( see paragraphs 9.73 onwards) SEND Code of Practice |
| (C) The child or young person’s health needs which relate to their SEN | The EHC plan must specify any health needs identified through the EHC needs assessment which relate to the child or young person’s SEN. Some health care needs , such as routine dental health needs, are unlikely to be relatedThe Clinical Commissioning Group (CCG) may also choose to specify other health care needs which are not related to the child or young person’s SEN (for example, a long-term condition, which might need management in a special educational setting) |
| (D) The child or young person’s social care needs which relate to their SEN | The EHC plan must specify any social care needs identified through the EHC needs assessment which relate to the child or young person’s SEN or which require provision for a child or young person under 18 under section 2 of the Chronically Sick and Disabled Persons Act 1970The local authority must also choose to specify other social care needs which are not linked to the child or young person’s SEN or to a disability. This could include reference to any child in need or child protection plan which a child may have relating to other family issues such as neglect. Such an approach could help the child and their parents manage the different plans and bring greater co-ordination of services. Inclusion must only be with the consent of the child and their parents |
| (E) The outcomes sought for the child or the young person | A range of outcomes over varying timescales, covering education, health and care as appropriate but recognising that it is the education and training outcomes only that will help determine when a plan is ceased for young people aged over 18. Therefore, for young people aged over 17, the EHC plan should identify clearly which outcomes are education and training outcomesA clear distinction between outcomes and provision. The provision should help the child or young person achieve an outcome, it is not an outcome in itselfSteps towards meeting the outcomesThe arrangements for monitoring progress, including review and transition review arrangements and the arrangements for setting and monitoring shorter term targets by the early year’s provider, school, college or other education or training providerForward planning for key changes in a child or young person’s life, such as changing school, moving from children’s to adult care and/or from pediatric services to adult health, or moving on from further education to adulthoodFor children and young people preparing for the transition to adulthood, the outcomes that will prepare them well for adulthood and are clearly linked to the achievement of the aspirations in section A |
| (F) The special educational provision required by the child or the young person | Provision must be detailed and specific and should normally be quantified, for example, in terms of the type, hours and frequency of support and level of expertise, including where the support is secured through a Personal BudgetProvision must be specified for each and every need specified in section B. It should be clear how the provision will support achievement of the outcomesWhere health or social care provision educates or trains a child or young person, it must appear in this sectionThere should be clarity as to how advice and information gathered has informed the provision specified. Where the local authority has departed from that advice, they should say so and give reason for itIn some cases, flexibility will be required to meet changing needs of the child or young person including flexibility in the use of a Personal BudgetThe plan should specify: Any appropriate facilities and equipment, staffing arrangements and curriculum Any appropriate modifications to the application of the National Curriculum where relevant Any appropriate exclusions from the application of the National Curriculum or the course being studied in a post-16 setting, in detail, and the provision which it is proposed to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum Where residential accommodation is appropriate, that fact Where there is a Personal Budget, the outcomes to which it is intended to contribute (detail of the arrangements for a Personal Budget, including direct payment, must be included in the plan and these should be set out in section J) See paragraph 9.131 onwards in the SEND Code of Practice for details of duties on the local authority to maintain the special educational provision in the EHC plan |
| (G) Any health provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN | Provision should be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide itIt should be clear how the provision will support achievement of the outcomes, including the health needs to be met and the outcomes to be achieved through provision secured through a personal (health) budgetClarity as to how advice and information gathered has informed the provision specifiedHealth care provision reasonably required may include specialist support and therapies, such as medical treatments and delivery of medications, occupational therapy and physiotherapy, a range of nursing support, specialist equipment, wheelchairs and continence supplies. It could include highly specialist services needed by only a small number of children which are commissioned centrally by NHS England (for example therapeutic provision for young offenders in the secure estate)The local authority and CCG may also choose to specify other health care provision reasonably required by the child or young person, which is not linked to their learning difficulties, but which should sensibly be coordinated with other services in the planSee paragraph 9.141 in the SEND Code of Practice for details of duties on the health service to maintain the health care provision in the EHC plan |
| (H1) Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970 (CSDPA) | Provision should be detailed and specific and should normally be quantified, for example, in terms of the type of support and who will provide it (including where this is to be secured through a social care direct payment)It should be clear how the provision will support achievement of the outcomes, including any provision secured through a Personal Budget. There should be clarity as to how advice and information gathered has informed the provision specifiedSection H1 of the EHC plan must specify all services assessed as being needed for a disabled child or young person under 18, under section 2 of the CSDPA. These services include: Practical assistance in the home Provision or assistance in obtaining recreational and educational facilities at home and outside the home Assistance in travelling to facilities Adaptations to the home Facilitating the taking of holidays Provision of meals at home or elsewhere Provision or assistance in obtaining a telephone and any special equipment necessary Non-residential short breaks (included in Section H1 on the basis that the child as well as his or her parent will benefit from the short break) This may include services to be provided for parent carers of disabled children, including following an assessment of their needs under sections 17SD – 17ZF of the Children Act 1989See paragraph 9.137 onwards in the SEND Code of Practice for details of duties on the local authorities to maintain the social care provision in the EHC plan |
| (H2) Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child or young person having SEN | Social care provision reasonably required may include provision identified through early help and children in need assessments and safeguarding assessments for children. Section H2 must only include services which are not provided under section 2 of the CSDPA. For children and young people under 18 this includes residential short breaks and services provided for children arising from their SEN, but unrelated to a disability. This should include any provision secured through a social care direct payment. See chapter 10 in the SEND Code of Practice for more information on children’s social care assessmentsSocial care provision reasonably required will include any adult social care provision to meet eligible needs for young people over18 (set out in an adult care and support plan) under the Care Act 2014. See chapter 8 in the SEND Code of Practice for further detail on adult care and EHC plansThe local authority may also choose to specify in section H2 other social care provision reasonably required by the child or young person, which is not linked to the learning difficulties or disabilities. This will enable the local authority to include in the EHC plan social care provision, such as children in need or child protection plans, or plan where it is unrelated to the SEN, but appropriate to include in the EHC planSee paragraph 9.137 onwards in the SEND Code of Practice for details of duties on the local authorities to maintain the social care provision in the EHC plan |
| (I) Placement | The name and type of the school, maintained nursery school, post-16 institution or other institution to be attended by the child or young person and the type of that institution (or, where the name of a school or other institution is not specified in the EHC Plan, the type of school or other institution to be attended by the child or young person)These details must be included only in the final EHC plan, not the draft EHC plan sent to the child’s parent or to the young personSee paragraph 9.78 onwards in the SEND Code of Practice for more details |
| (J) Personal Budget (including arrangements for direct payments) | This section should provide detailed information on any Personal Budget that will be used to secure provision in the EHC PlanIt should set out the arrangements in relation to direct payments as required by education, health and social care regulationsThe special educational needs and outcomes that are to be met by any direct payment must be specified |
| (K) Advice and Information | The advice and information gathered during the EHC needs assessment must be set out in the appendices to the EHC plan. There should be a list of this advice and information |
During the Assessment Planning meeting, everyone will decide together who will do what and a list will be made of the reports that will be produced during the rest of the assessment. Everyone who will be writing a report has 6 weeks to do so, but they should share it with you before anyone else.
After 6 weeks, a Support Planning meeting is held. Again you and the professionals supporting your child will get together – this time to share the information that people have gathered during the assessment of your child.
The Support Planning meeting will discuss the short and long term outcomes that you child will work towards-these will be suggested by the people who have completed assessments and recorded by the SEN Case Officer. For each outcome, a list of the support that your child will need to achieve it will be made.
The local authority must send the draft EHC plan (including the appendices containing the advice and information gathered during the EHC needs assessment) to the child’s parent or to the young person and give them at least 15 days to give views and representations on the content. During this period, the local authority must make its officers available for a meeting with the child’s parents or the young person on request if they wish to discuss the content of the draft EHC plan. When the local authority sends the draft EHC plan to the child’s parents of the young person the following apply:
- The local authority must notify the child’s parent or the young person that during this period they can request that a particular school or other institution, or type of school or other institution be named in the plan. The draft plan must not contain the name of the school, maintained nursery school,post-16 provision or other institution or the type of school or other institution to be attended by the child or young person
- The local authority must advise the child’s parent or the young person where they can find information about the schools and colleges that are available for a child or young person to attend, for example through the Local Offer
- The local authority should seek agreement of any Personal Budget specified in the draft plan (see Paragraph 9.95 onwards for more information) SEND Code of Practice
You can access impartial information, advice and support through the process by contacting Hartlepool SENDIASS Service.
What happens if the Local Authority makes the decision not to issue an EHC Plan and you (parent/carer or young person) disagree with the decision?
Following the completion of an EHC needs assessment, if the local authority decides that an EHC plan is not necessary, it must notify the child’s parent or the young person, the early year’s provider, school or post-16 institution currently attended, and the health service and give the reasons for its decision. The notification must take place as soon as practicable and at latest within 16 weeks of the initial request or of the child or young person having otherwise been brought to the local authority’s attention.
The local authority must also inform the child’s parent or the young person of their right to appeal that decision and the time limit in which to appeal, and the availability of information, advice and support and disagreement resolution services.
The local authority should also ensure that the child’s parent or the young person are aware of the resources available to meet SEN in mainstream provision and other support set out in the Local Offer.
The local authority should also provide written feedback collected during the EHC needs assessment process, which the child’s parent, the young person, early years provider, school or post-16 institution can understand and may find useful, including evidence and reports from professionals. This information can then inform how outcomes sought for the child or young person can be achieved through special educational provision made by the early year’s provider, school or post-16 institution and coordinated support from other agencies
Parents/carers and young people have the right to challenge the Local Authority’s decisions on:
- Not to carry out an Education, Health and Care assessment
- Not producing an Education, health and Care plan
- The special educational support included in the plan
- Cease to maintain a plan
There is a local disagreement resolution service which aims to resolve disputes locally. These services in Hartlepool are offered by Chapel Mediation. Further information can be obtained from the Hartlepool SEND Information, Advice and Support Service who can be contacted via phone: 01429 284876 or email: sendiass@hartlepool.gov.uk. Parents/Carers and Young People have the right to appeal at First Tier Tribunal should the local authority decide not to issue an EHC Plan. The SENDIASS Service can be contacted for further information, advice and support.
Mediation
Disagreement Resolution Services are for all parents of children and young people with Special Educational Needs (SEN) and young people aged 16 years and over. Using this service is voluntary and covers SEN provision as well as disagreements about health and social care.
This applies specifically to parents and young people who are considering appealing the tribunal about Education, Health and Care Needs Assessment and the special education element of the EHC Plan.
Mediation is also a voluntary process for parents and young people, which you can use if you cannot reach an agreement with your local authority or Clinical Commissioning Group (CCG) in matters relating to Education, Health and Care Plans. It only covers disagreements you may have in the following circumstances when your local authority decides:
- Not to carry out an EHC needs assessment or re-assessment of your child
- Not to draw up an EHC plan for your child, once they have done a re-assessment
- Not to amend your child’s EHC plan after the annual review or re-assessment
- To cease to maintain your child’s EHC Plan
Where the local authority has drawn up an EHC Plan for your child, mediation must be available if you disagree with:
- The parts of the plan which describe a child’s special educational needs
- The special educational provision set out in the plan
Mediation services in Hartlepool are offered by Chapel Mediation. They can be contacted via phone: 07792227526 or email: suehall113@gmail.com. Further information, advice and support can be obtained from SENDIASS who can be contacted via phone: 01429 284876 or email: sendiass@hartlepool.gov.uk
Registering an appeal with the Tribunal
Parents and young people have two months to register an SEN appeal with the Tribunal from the date when the local authority sent out the notice containing a decision which can be appealed or one month from the date of a certificate which has been issued following mediation or the parent or young person being given the mediation information, which every is the later. In some cases parents and young people will not register the appeal within the two-month limit. Where it is fair and just to do so the Tribunal has the power to use its discretion to accept appeals outside of the two-month time limit.
The Tribunal will not take into account of the fact that mediation has taken place or has not been taken up, nor will it take into account the outcome of the mediation. Parents and young people will not be disadvantaged at the Tribunal because they have not chosen to go to mediation.
The Tribunal forms part of the First-tier Tribunal (Health, Education and Social Care Chamber). Tribunals are overseen by Her Majesty’s Courts and Tribunal Service.
The Role and function of the Tribunal is to hear appeals against decisions made by the local authorities in England in relation to children’s and young people’s EHC needs assessments and EHC plans. It also hears disability discrimination claims against schools and against the local authorities when the local authority is the responsible body for the school.
Before you can appeal to the SEND Tribunal, you must have contacted a mediation advisor (unless your appeal is only about the school or local authority has named in your child’s plan or if they have not named a school in it). You will need a certificate from the mediation advisor to register an appeal. You have one month from receiving the certificate or two months from the original discussion (whichever is the later date) to register an appeal with the Tribunal.
The Tribunal hears appeals against decisions made by the local authorities in England in relation to children and young people’s EHC assessments and plans. It also hears disability discrimination claims against schools and against the local authorities when the local authority is the responsible body for a school.
The Tribunal seeks to ensure that the process of appealing is as user friendly as possible, and to avoid hearings that are overly legalistic or technical. It is the Tribunal’s aim to ensure that a parent or young person should not need to engage legal representation when appealing a decision. Parents and young people may find it useful to have support from a voluntary organisation or friend at the hearing.
To find more information on Tribunals, check out the following link: https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability
Parents and young people can appeal to the Tribunal about:
- A decision by the local authority not to carry out an EHC needs assessment or re-assessment
- A decision by the local authority that it is not necessary to issue an EHC plan following an assessment
- The description of a child or young person’s SEN specified in an EHC plan, the special educational provision specified, the school or other institution or type of school other than an institution specified in the plan or that no school or other institution is specified
- Amendment to these elements of the EHC plan
- A decision by a local authority not to amend an EHC plan following a review or re-assessment
- A decision by a local authority to cease to maintain an EHC plan
The Tribunal does not hear appeals about Personal Budgets, but will hear appeals about the special educational provision to which a Personal Budget may apply.
Parents and young people who are unhappy with decisions about the health and social care elements of an EHC plan can go to mediation. They can also complain through the health and social care complaints procedures.
How long does an EHC Plan last?
Your child could have an EHC Plan for the whole of their education, or just part of it. The reviews of your child’s plan may indicate that they will continue to make good progress with the help that their education provider can put in place from their own resources. In these cases, your child will no longer be considered to need statutory support and the local authority would cease to maintain their EHC Plan.
As long as a child or young person continues to access statutory special educational provision, the EHC Plan can last up to the age of 25.
After the age of 16, an EHC Plan could still apply in:
- Specialist schools or colleges;
- Mainstream further education and sixth form colleges;
- Training Providers;
- Apprenticeships;
If a young person decides to move into employment or on to university (higher education) an EHC Plan does not apply because this is not special educational provision, although there should still be support available.
Reviewing an EHCP
The local authority must check your child’s progress and make sure that the plan continues to meet their special educational needs. This must be done at least once a year (6 monthly for under 5’s), but could be more frequent depending on your child’s needs. The first review of your child’s EHC Plan must be carried out within 12 months of the EHC Plan being finalised (should be within 6 months for children younger than 5) and subsequent reviews must be completed within 12 months of the previous review.
You will be contacted with a date for the review meeting, usually by your child’s education setting inviting you to attend. Before the meeting you should be asked for your views on your child’s progress since the last review.
Education settings will also ask for updated reports from the professionals who have been supporting your child since the last review. Before the meeting you should receive copies of all reports that have been written.
During the annual review meeting, your child’s progress towards the outcomes set out in the plan will be discussed and new outcomes will be set for the coming 12 months/key stage. Any proposed changes to your child’s plan will be recorded.
The review meeting will usually take place in your child’s educational setting. You can take along a family member or friend with you. Alternatively Hartlepool SENDIAS Service can support you with this.
After the meeting a decision will be made whether the plan is maintained, ceased or amended. If it is to be amended, this will be done by a member of the SEN Team who will send you the plan and ask for your comments/amendments which will be considered
You have 15 days to consider the plan and contact the SEN Team to discuss any changes you wish to be made. If the local authority does not hear from you, the plan will be finalised.
Once the plan is finalised, there are still opportunities for you to have discussions with the SEN Team with regard to any concerns you might have. You also have the right to mediation and to appeal to the SEND Tribunal.
You can access impartial information, advice and support through the process by contacting Hartlepool SENDIASS Service.
For children who will transfer to Reception in the next school year, and those who will transfer to Year 7 in the next school year, the review and amended EHCP must be completed by 15 February of their Nursery/ Year 6 school year. For young people moving into post-16 education the review must be completed by 31 March of their Year 11 school year.
What happens if you move to another area?
If you are going to move, you should let the local authority know by contacting the SEN Team (sen@hartlepool.gov.uk). You should also contact the SEN Team in the local authority area you are moving to, so that you can talk to them about your child’s needs and the best way of ensuring that they continue to be met.
Where a child or young person moves to another local authority, the ‘old’ authority must transfer the EHC plan to the ‘new’ authority on the day of the move, unless the following condition applies. Where the old authority has not been provided with the 15 working days’ notice of the move, the old authority must transfer the EHC plan within 15 working days beginning with the day on which it did become aware.
The old authority should also transfer any opinion they have received under the Disabled Persons (Services, Consultation and Representation) Act 1986 that the child or young person is disabled. Upon the transfer of the EHC plan, the new authority becomes responsible for maintaining the plan and for securing the special educational provision specified in it.
The requirement for the child or young person to attend the educational institution specified in the EHC plan continues after the transfer. However, where attendance would be impractical, the new authority must place the child or young person temporarily at an appropriate educational institution other than that specified – for example:
- Where the distance between the child or young person’s new home and the educational institution would be too great – until the EHC plan is formally amended
The new authority may not decline to pay fees or otherwise maintain the child at an independent or non-maintained special school or boarding school named in an EHC plan unless and until they have amended the EHC plan
