EHCPs and Wales: What to Do When You Move From England

Every week, Welsh ALN forums see the same question: "My child has an EHCP — what do I need to do to transfer it to Wales?" The Welsh ALN system uses IDPs rather than EHCPs, and an English EHCP is not automatically converted to an IDP. An EHC plan is issued under Part 3 of the Children and Families Act 2014, which governs children and young people in England with special educational needs or disabilities. After a move outside England, the English local authority may continue to maintain the EHCP or may decide to cease maintaining it after following the required process.

If your child has an EHCP and you have moved to Wales, or if you are a Welsh parent who has been searching for EHCP information because that is what comes up when you search online, this piece explains what the Welsh system actually looks like and what steps you need to take.

Why EHCP Searches Keep Leading Welsh Parents Astray

The United Kingdom's internet ecosystem is overwhelmingly dominated by English education content. Mumsnet, mainstream parenting websites, legal guides, and even many charity websites are written from the perspective of the Children and Families Act 2014 and the English SEND framework. When a Welsh parent types "help getting my child assessed for learning needs," the results they see are mostly about EHCPs, SENCOs, SENDIASS, and the SEND Tribunal.

These are terms from the English SEND system, although an English authority may continue to maintain a child's EHCP after a move to Wales. Using them with a Welsh ALNCo or local authority official signals immediately that you are unfamiliar with Welsh law — which makes it much easier for schools and councils to deflect your requests.

The Welsh system uses:

• Individual Development Plans (IDPs) — not EHCPs
• Additional Learning Needs (ALN) — not SEN or SEND
• ALNCo (ALN Co-ordinator) — not SENCO
• Education Tribunal for Wales (ETW) — not the SEND Tribunal
• ALNET Act 2018 and ALN Code 2021 — not the Children and Families Act 2014

The Welsh system also covers a broader age range. IDPs can apply from birth and early years through age 25 while a learner remains in education or training, including in further education colleges.

What Happens When You Move to Wales With an EHCP?

This is a specific legal situation that catches families completely off-guard, often at exactly the moment when their child is most vulnerable — in the middle of a school move.

When a child with an English EHCP moves to Wales, the following applies:

An English EHCP does not automatically transfer to a Welsh authority. The English local authority may continue to maintain it or may decide to cease maintaining it after following the required process; the Welsh authority has no obligation to maintain it.

The Welsh IDP process is not automatic. For a child resident in Wales, a maintained school must decide whether the child has ALN when possible ALN comes to its attention, unless another exception applies; it need not prepare or maintain an IDP while an English authority maintains an EHCP. The school's 35-school-day period starts when possible ALN comes to its attention; if the local authority makes the decision, its period is up to 12 weeks from when possible ALN comes to its attention. If ALN is confirmed and no exception applies, an IDP must be prepared.

The EHCP may remain active under English law and inform the Welsh ALN process. During a Welsh ALN assessment, the English EHCP is useful evidence — it contains historical assessments, reports from educational psychologists, therapists, and other professionals, and a record of what provision has been in place. The Welsh ALNCo and local authority should consider all relevant evidence when determining what ALP the child needs, but the English plan's provision does not automatically become provision in a Welsh IDP.

Continuity depends on the English authority's decision. If it continues to maintain the EHCP, the plan remains active under English law. If it ceases to maintain the plan, Wales does not automatically issue an IDP; contact the Welsh school or local authority promptly about whether an IDP is required and what support applies in the meantime.

How to Protect Your Child During the Transition

If you are moving from England to Wales with a child who has an EHCP, take these steps before the school year begins if at all possible:

Contact the Welsh school before the move. Write to the headteacher and ALNCo in advance. Explain that your child has a complex needs profile documented in a current EHCP. Tell the school that your child may have ALN; its 35-school-day period starts when that possibility comes to its attention.

Send copies of all evidence. Share the full EHCP, all professional reports cited in it (educational psychology, speech and language therapy, occupational therapy), and any other assessments. Do not let the Welsh school rely solely on their own observations — your existing evidence should anchor the new assessment.

Be explicit about current provision levels. Write down every item of provision your child currently receives, with hours and frequency. If the Welsh ALN process requires an IDP, ask that Section 2B reflect the evidence and the learner's needs. If the draft offers less, respond in writing with your concerns and requested revisions rather than agreeing on the spot.

Consider requesting LA involvement. If your child's needs are complex — requiring specialist placements, intensive therapy, or high-hours TA support — write to the local authority at the same time as the school. If the LA needs to maintain the IDP rather than the school, you want that process started early.

What If Wales Offers Less Than the EHCP Provided?

The English EHCP does not automatically become a Welsh IDP; while an English authority maintains it, the Welsh school need not prepare an IDP and should take all reasonable steps to help that authority secure the plan's provision.

You have several options:

Challenge the IDP content before accepting it. You can object to a draft IDP in writing, citing Chapter 23 of the ALN Code 2021 and demanding that provision be specified and quantified at a level that reflects your child's assessed needs. Cite the evidence from the original EHCP to justify the level of provision you are requesting.

Request independent assessment evidence. If the Welsh school's assessment is superficial or does not reflect your child's actual profile, you can commission an independent Educational Psychologist report. HCPC-registered independent EPs are listed through the British Psychological Society. A robust independent report carries significant weight in any dispute or Tribunal appeal.

Use Dispute Resolution Services. All Welsh local authorities must provide access to independent Dispute Resolution Services. If you believe the IDP is inadequate, DRS offers a facilitated route with the LA. Participation is voluntary and does not remove the right to appeal to the Education Tribunal for Wales.

Appeal to the Education Tribunal for Wales. Certain decisions by a local authority or college, and specific content in Sections 2A, 2B and 2C and the named placement in Section 2D, may be appealed to the ETW. If a school maintains the IDP, first ask the local authority to reconsider its decision; a school decision alone cannot be appealed to the ETW. The Tribunal can order the local authority or college to revise the IDP.

For Welsh Parents Who Searched for EHCP Information

If you are a parent who has been living in Wales all along and found this article because you searched for "EHCP Wales" — you are not alone. Market research consistently shows that Welsh parents routinely absorb English SEN terminology from internet searches and parenting forums, often without realising it does not apply.

The system you need to navigate is the ALN system under the ALNET Act 2018. Your child does not need an EHCP under Welsh law. If the two-part ALN test is met, the Welsh statutory plan is an Individual Development Plan. The process for getting one, the rights you have if it is refused or poorly written, and the route to appeal are all covered in the Wales IDP & ALN Blueprint.

If you have downloaded an EHCP template from Etsy or a parenting website and submitted it to your child's Welsh school — disregard it entirely. An EHCP template submitted to a Welsh ALNCo is legally irrelevant. It also signals to the school that you are unfamiliar with Welsh law, which can make it significantly easier for them to manage you rather than support your child.

The Welsh ALN system is different from the English SEND system. The IDP can cover learners from birth and early years through age 25 while they remain in education or training. Statutory timelines start when possible ALN comes to the responsible school's or local authority's attention. When, following a Section 20 referral, an NHS body identifies a relevant treatment or service likely to benefit the learner, it must secure it and the IDP-maintaining body must record it in Section 2C; the NHS body need only agree to secure a Tribunal-ordered revision. Knowing how to use the system you actually live under is the most important step you can take.

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