Rulebook · Local authority letter
New council's letter after a plan transfers on a move
When a child or young person with a plan moves to another council's area in England, the plan moves with them. Within 6 weeks of the transfer, the new council must tell you that it now has the plan, whether it plans a new EHC needs assessment, and when it will review the plan.
Plenda checks 8 things in a letter like this: 3 are required by the Act or Regulations; 5 are good practice. The old council must transfer the plan on the day of the move. If it did not know about the move at least 15 working days before, it must transfer the plan within 15 working days of finding out. There is no appeal against the transfer itself. Later decisions by the new council, such as an amended plan or a decision to stop maintaining the plan, have their own rights of appeal. These rules apply only to moves between councils in England. Wales, Scotland and Northern Ireland have their own laws and advice services, so a family moving there should get advice in their new area. Plenda does not say what effect a gap in a letter has on the decision. A gap can still matter: it can be raised with the council or in a complaint and, where the decision can be appealed, it may be relevant to a late appeal, because the Tribunal decides whether to accept one. This check compares the text supplied with what the law requires in a letter like this, and with good practice. It does not judge whether the decision itself is right.
What a letter like this includes
- That the plan has been transferred to the new councilLaw (Act or Regulations)
- Whether the new council proposes to carry out an EHC needs assessmentLaw (Act or Regulations)
- When the new council will review the planLaw (Act or Regulations)
- The date of the letterGood practice. Not required
- The rule for the review date: by the later of the end of the 12 months beginning with the date the plan was made or last reviewed, and the end of the 3 months beginning with the transferGood practice. Not required
- If attending the named school or college is no longer practicable after the move: what the council will arrange until it is possible to amend the planGood practice. Not required
- That information and advice about special educational needs is available (for example from the local SENDIASS)Good practice. Not required
- A named person at the council to contact, with a phone number or emailGood practice. Not required
- Type of rule
- Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
- Rule id
notice.transfer_to_new_council- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- SEND Regulations 2014, reg 15(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 15(5)Law (Act or Regulations)
- Children and Families Act 2014, s 47Law (Act or Regulations)
- SEND Regulations 2014, reg 15(2)Law (Act or Regulations)
- Children and Families Act 2014, s 51(2)Law (Act or Regulations)
Related
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