EHCP Not Valid in Wales: What Happens When You Move

Parents moving from England to Wales are repeatedly caught out by the same legal reality: the EHCP their child has been relying on — possibly for years, possibly won after a tribunal — is not a legally enforceable document in Wales. The moment your child's school address changes to a Welsh postcode, the Welsh Additional Learning Needs (ALN) framework applies, and the EHCP framework does not.

This is not a failure of process. It is by design. Education is devolved. Wales passed the Additional Learning Needs and Education Tribunal (Wales) Act 2018, creating an entirely different statutory system, and that system does not recognise EHCPs.

What Replaces the EHCP in Wales

In Wales, the statutory document is the Individual Development Plan (IDP). There is one key structural difference from England that parents need to understand immediately: Wales abolished the distinction between school-level non-statutory plans and local authority statutory plans. Every child identified as having Additional Learning Needs (ALN) in Wales should have an IDP — maintained by either the school or the local authority, depending on the complexity of the child's needs.

A child is defined as having ALN if they have a learning difficulty or disability that calls for Additional Learning Provision (ALP). The threshold is deliberately broad. However, Wales is in the final stages of implementing the new system, and there have been significant complaints from parents that schools are under-identifying ALN compared to equivalent need levels under the old English-influenced framework. Official data shows ALN identification dropped during the transition period as schools reviewed and reclassified existing cases.

The Practical Timeline When You Move

Before moving: Notify your current English local authority and request that they share all of your child's documentation — the full EHCP, all appendices, all professional reports — with the receiving Welsh local authority and the new school.

Within weeks of arriving: Contact the new school's ALN Co-ordinator (ALNCo). Unlike in England where the SENCO is primarily a coordinator, the Welsh ALNCo has statutory duties to identify and plan for ALN. Ask them in writing whether they are beginning the process of determining if your child has ALN under the ALNET Act 2018.

If the school identifies ALN: The school has 35 school days to prepare an IDP. For more complex cases that require local authority involvement, the LA has 12 weeks to issue the plan.

If the school says your child does not have ALN: You have the statutory right to ask the local authority to reconsider the school's decision. If the school refuses to prepare an IDP, the LA can take over responsibility for maintaining it.

The Key Risk: Provision Gaps

The gap between your EHCP ceasing to have effect and a new IDP being issued is the period of greatest risk. During this time, the school has general duties to support your child but no specific statutory plan binding them to particular provision. Parents who have fought for specific hours of SALT, specific TA ratios, or specific specialist placements may find those hard-won commitments temporarily suspended.

The ALN Code 2021 acknowledges this and places duties on both the outgoing authority and the receiving Welsh school/LA to facilitate continuity. In practice, continuity depends heavily on how proactive you are. The Welsh system will not chase you.

SNAP Cymru: Your First Call

SNAP Cymru is the primary independent ALN advocacy service in Wales. Their caseworkers can advise on whether your child's current EHCP provision translates into an IDP and can intervene if a school refuses to identify ALN or fails to prepare a plan within the statutory timeline. The service is free and they are significantly more integrated into the Welsh system than equivalent English services are.

If a dispute reaches the point of formal appeal, challenges go to the Education Tribunal for Wales (ETW), which handles appeals against LA decisions to refuse IDPs, decisions about the content of IDPs, and decisions to cease an IDP. Wales is notably progressive in recognising a child's direct right to appeal before the ETW, drawing on Article 12 of the UNCRC.

If you are managing a cross-border move and need to translate your EHCP provisions into ALN terms, the UK Assessment & Evaluation Guide includes a four-nations comparison matrix, IDP request templates drafted for the ALNET Act 2018, and specific guidance on how to document your case to ensure continuity during the transition period.

How Wales Differs from England in Practice

No separate tier of provision. In England, a child below the EHCP threshold is on 'SEN Support' — a non-statutory category with no legally binding plan. In Wales, every child with ALN should have a statutory IDP. In theory, this is more protective. In practice, the quality of IDPs varies significantly.

Different terminology throughout. The SENCO becomes the ALNCo. The SENCO's statutory duty runs alongside a new role: the Designated Education Clinical Lead Officer (DECLO), who coordinates health provisions. If your child needs health provisions written into their plan, the DECLO is the key contact on the NHS/LA boundary.

The system is newer. The ALNET Act 2018 has been fully implemented since August 2024. Resources and case law are less developed than in England. The tribunal system has heard fewer cases. This means both that there is less guidance available and that the system is still bedding in — which can work in your favour or against you depending on the local authority.

Practical Checklist Before Moving

1. Request your full EHCP file including all appendices and professional reports before giving notice to your current school.
2. Ask your current LA to formally notify the Welsh LA of the pending move and provide all documentation.
3. Contact the new Welsh school before your child starts and ask the ALNCo to confirm in writing what steps they are taking under the ALNET Act 2018.
4. Contact SNAP Cymru as soon as you arrive — even before the school has had a chance to act.
5. If the school has not initiated IDP assessment within the first few weeks, submit a formal written request citing the ALNET Act 2018.
6. Keep all communications in writing.

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