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ARTICLE · 02 SEPTEMBER 2026

Understanding EHCP Responsibility When A Pupil Moves Area

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If a child or young person with an Education, Health and Care Plan (EHCP) is placed in accommodation in a different local authority's area, responsibility for that EHCP can shift to the receiving authority.

United KingdomConsumer Protection
Alice Wheatley
Alice Wheatley

If a child or young person with an Education, Health and Care Plan (EHCP) is placed in accommodation in a different local authority's area, responsibility for that EHCP can shift to the receiving authority. 

A recent Upper Tribunal decision (Enfield London Borough Council v Edwards and another [2026] UKUT 268 (AAC)) confirms this and clarifies the “ordinary residence” test that applies.

For schools, academies and multi-academy trusts (MATs), this matters because the local authority responsible for maintaining a pupil's EHC plan could change when that pupil moves. That can directly affect the provision specified in the plan, the funding attached to that provision and the local authority that the school needs to engage with in relation to Annual Reviews, amendments and placements.

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