Transferring an EHC plan - Children, families and education

When a child or young person with an EHC plan moves to a different local authority area within England, the EHC plan needs to be transferred to the new local authority.

If you are moving to Devon, you can contact the SEND Statutory Team to let us know in advance. If possible, you should provide us with the necessary details, including the date of your move and your new address.

The transfer can happen either on the day of the move or within 15 working days of notification that you are resident in Devon.

We will have six weeks to notify you that the EHC plan has been transferred. We will also inform you when we plan to review the EHC plan (see below). Once the transfer is complete, we will assume the same legal duties as if we had issued the EHC plan ourselves.

If attending the school or college named in Section I is no longer feasible, we must arrange for an appropriate alternative until the EHC plan is reviewed and amended.

Our primary duty is to ensure that your child receives all the special educational provision specified in section F of the EHC plan.

If you are moving away from Devon, we recommend that you contact the new local authority as soon as possible.

Review of the plan

We must review the EHC plan within either 12 months from when the plan was made or last reviewed, or three months from the date of the transfer, whichever is later. This is in order for us to follow the correct process for an annual review.

Health provision in the plan

A move may also involve a change in the commissioning body responsible for health services. If it’s not practical for the new commissioning body to arrange the health care provision specified in the EHC plan, we must find an alternative solution.

Education, health and care (EHC) plans

Step 1
If you feel that your child is not making progress, you might be considering requesting an EHC needs assessment - but, the quickest way to get some extra support for your child is to speak to staff at their school, college or education setting. We'd always recommend having these conversations before proceeding with a request for assessment.
Step 2
Follow our guidance on how to make a request, who should be involved in making the request and what happens once you have submitted it. We must give you a decision about whether or not we'll carry out an assessment within six weeks of your request.
Step 3
Find out more about what happens if we agree to carry out an assessment. We must tell you whether or not we will issue an EHC plan within 16 weeks of your request.
Step 4
The Local Authority will create a draft EHC plan and send you a copy. You will have 15 calendar days to give your suggested amendments and views before a final plan is issued. We must issue a final EHC plan within 20 weeks of your original request.
Step 5
Over time, your child’s needs may change. We will review their EHC plan each year as a minimum to ensure it continues to meet their needs.
Step 6
Find out more about what will happen if you need to transfer an EHC plan into or out of Devon.
1. Transferring an EHC plan

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