Moving in and out of Southend if your child has an Education Health and Care Plan (EHCP)
This page tells you what to do and what happens if:
- your child or young person has an Education Health and Care Plan (EHCP) and;
- you move home
When a child or young person with an EHCP moves into a different local authority (LA) area in England, the EHCP needs to transfer to the new LA.
Moving into Southend
If you are moving, you need to:
- tell your current LA as soon as possible
- tell them the confirmed date of your move and your new address
- ask them to arrange for the EHCP to transfer to Southend-on-Sea City Council
- tell the Southend-on-Sea City Council SEND team that you are moving into Southend. And give them your new address
The legal need for the new LA to start making the provision in the EHCP is set out in:
- regulation 15 of The Special Educational Needs and Disability Regulations 2014
- there is also guidance for LAs in the SEND Code of Practice paragraphs 9.157 to 9.161
Under the law, the transfer will happen:
- either on the day of the move or;
- within 15 working days of Southend becoming aware of the move
Someone from the Southend-on-Sea City Council SEND team will contact you when they receive the EHCP paperwork from your old LA.
The SEND Team will have 6 weeks to:
- tell you that the EHCP has been transferred, and:
- let you know when it will review the EHCP
As soon as the EHCP has transferred, the new LA has the same legal duties as if it had issued the EHCP. The most important duty is to make sure your child, or you as a young person, receives all the special educational provision specified in section F.
In order to meet the duty to secure the special educational provision within the EHCP, the Southend-on-Sea City Council SEND team will contact you to find out your preferred educational setting.
The need for your child or young person to attend the educational institution named in the EHCP continues after the transfer. If it is not possible for your child or young person to continue attending their previous setting:
- this will be presented to the EHC multi-agency panel to establish a new appropriate setting. The panel will consider any requests you or your young person have for a particular school or institution as well as the type of setting named in the EHCP
A move may mean that your child or young person also comes under a new commissioning body Integrated Care Board for their health services. When your child or young person moves into Southend, the Southend-on-Sea City Council SEND team will notify the Designated Medical Officer (DMO ) /Designated Clinical Officer (DCO) of your child or young person's new address to reduce the likelihood of any gaps in provision.
Where it is not practicable for the new health body to arrange the health care provision specified in the EHCP, it must, within 15 days beginning with the date that it became aware of the move:
- request that the new LA makes an Education Health and Care Needs Assessment (EHCNA) or:
- reviews the EHCP (SEND Code of Practice paragraphs 9.163 to 9.165).
If you are in the process of an EHCNA, your LA must transfer all the information and advice received to the Southend-on-Sea City Council SEND team.
Moving within Southend
If you're moving home but staying in Southend, you must give the Southend-on-Sea City Council SEND team:
- your new address and;
- the date you are moving
This is so they can update your contact details.
When you have moved, the school or college named in the EHCP may no longer be suitable. For example, if it is too far away. If this is the case, your child or young person's EHCP Case Officer will discuss this with you.
Your child or young person may not receive free transport if the school named in their EHCP is not the nearest suitable school.
Moving out of Southend
If you are moving out of Southend, the Southend-on-Sea City Council SEND team will transfer your child or young person's EHCP to your new LA.
It is important to:
- tell the SEND team in advance that you are moving out of the area
- provide them with the date of your move
- give them your new address