Yes. Your child's EHC plan transfers with you and stays legally in force. The old council passes it to the new council on the day you move, and the new council must then deliver all the same support straight away.
What actually happens to the plan
An EHC plan (an Education, Health and Care plan, the legally binding document that sets out your child's support) does not lapse when you cross a council boundary. The rules for what happens sit in regulation 15 of the SEND Regulations 2014, and they work like this:
- The council you are leaving must send your child's plan to the council you are moving into on the day of the move. If you gave them less than 15 working days' notice, they have up to 15 working days from finding out to pass it over.
- From the moment it arrives, the new council must treat the plan as if it had written it itself, on its original date. It takes on exactly the same legal duties as the old council, including securing every bit of support listed in Section F (the part of the plan that names the help your child must receive).
- If the school named in the plan is now too far away to be practical, the new council must arrange a place at another suitable school until the plan is formally changed. Your child is not left without a school in the meantime.
The new council cannot pause support while it "reviews"
This is the part most pages leave out, and it is the part that matters most. The new council is allowed to review the transferred plan, and it must do so within whichever is later: 12 months from when the plan was made or last reviewed, or 3 months from the date it transferred to them. A planned review does not put your child's support on hold. As IPSEA (the charity that gives free legal advice on SEND) sets out, the duty to deliver the Section F provision applies from the day of transfer, and the fact that the council intends to review the plan in three months' time is irrelevant to that duty.
The new council also cannot tear up the plan and start a fresh assessment instead. It inherits the existing plan and is bound by it. If you are told support will pause until a review or reassessment, that is wrong, and you can say so in writing, pointing to the council's duty to deliver Section F now.
The one thing that is not automatic
The transfer itself is a legal duty, but it is not triggered until the councils know you are moving. Nothing moves on its own. If you do not tell the new council in advance, the clock for the old council to hand the plan over only starts once notice is given, and you can lose weeks while paperwork catches up. Tell the new council's SEND team, in writing, before you move.
A note on reform
The way EHC plans are structured may change under the proposals in the Government's February 2026 Schools White Paper and the Education for All Bill. As things stand, the law on EHC plans is unchanged and existing plans are protected. If your child holds a plan today, the transfer rules above are the ones that apply to your move.
Where the law comes from
Related
This page is general information, not clinical or legal advice.