Moving to Scotland with an EHCP: What Happens to Your Child's Support

Your child has an Education, Health and Care Plan. Years of assessments, tribunal-ready evidence bundles, and hard-won provision are written into a legally binding document. Then you get a job offer, a military posting, or a family reason to move to Scotland — and you discover that your child's EHCP carries zero legal weight north of the border.

This is not a technicality. It is the structural reality of devolution: education is a devolved matter, and Scotland operates an entirely different legal framework from England. Understanding what happens to your child's support when you cross that border — and what you need to do before and after the move — could prevent months of unsupported schooling.

Why Your EHCP Is Not Recognised in Scotland

England's EHCP system is rooted in the Children and Families Act 2014. Scotland operates under the Education (Additional Support for Learning) (Scotland) Act 2004, amended in 2009 — a completely separate piece of legislation. The statutory document in Scotland is not an EHCP but a Co-ordinated Support Plan (CSP), and the threshold for receiving one is considerably higher.

In Scotland, the concept of need is broader — 43% of the entire school population (299,445 pupils as of 2025) is identified as having Additional Support Needs (ASN). However, only 1,165 students hold a CSP, representing a staggering 63% decrease in CSP numbers over the past decade. The vast majority of children with ASN in Scotland are supported through non-statutory means. This means that even a child whose EHCP funded significant specialist provision in England may be assessed as not meeting Scotland's stricter CSP criteria.

What Happens Immediately After the Move

When your child moves to Scotland, your current local authority in England has a duty to inform the receiving Scottish Education Authority about the child's needs. In practice, families report that this information transfer is inconsistent. You should not rely on it happening automatically.

Before you move: Notify your English local authority in writing that you are relocating to Scotland. Request that they formally inform the receiving Scottish Education Authority of your child's current provision and share all relevant assessment documents. Ask them to provide copies of all reports, assessments, and the full EHCP including appendices.

When you arrive: Immediately contact the Additional Support for Learning (ASL) department of the receiving Scottish Education Authority — not the school. Schools in Scotland do not administer CSPs; that responsibility sits with the Education Authority. Provide them with your child's EHCP, all supporting reports (EP, SALT, OT, CAMHS), and any letters from specialists.

The Scottish Education Authority will then assess whether your child has Additional Support Needs and, separately, whether those needs meet the criteria for a Co-ordinated Support Plan.

The CSP Threshold: Much Higher Than an EHCP

This is where parents moving from England are often blindsided. In England, the threshold for an EHCP assessment is that a child "has or may have SEN" and it "may be necessary" for provision to be made — a relatively low bar. In Scotland, a CSP is only issued when a child:

• Has complex or multiple factors affecting their learning
• Requires significant additional support from education
• Requires significant additional support from at least one external agency (such as the NHS or social work) that is expected to last more than one year

A child who received an EHCP in England primarily for educational support — without ongoing multi-agency health or social care involvement — may not automatically qualify for a CSP in Scotland. They will receive some form of support, but it may not be statutory or legally binding.

Parents on forums like Reddit's r/AutismScotland regularly describe facing "a three to four year battle" to secure an appropriate specialist setting under the Scottish system, reporting that the experience is as adversarial as the English system, just through different bureaucratic mechanisms.

What Rights You Have

Under the ASL Act 2004, you have the statutory right to:

• Request that the Education Authority assess whether your child has Additional Support Needs
• Request that the Authority consider whether a Co-ordinated Support Plan is required
• If a CSP is issued, appeal its content to the Additional Support Needs Tribunal for Scotland (ASNTS)
• If the Authority refuses to issue a CSP, make a reference to the ASNTS

The Education Authority has 8 weeks to respond to a formal CSP assessment request and a total of 16 weeks to complete the assessment and draw up the plan if it is agreed.

Young people aged 12–15 with sufficient capacity also hold independent rights under the ASL Act to request a CSP assessment themselves, supported by the 'My Rights, My Say' advocacy service.

Navigating the transition between the English EHCP system and Scotland's ASN framework is one of the most complex advocacy challenges UK families face. The UK Assessment & Evaluation Guide provides a detailed four-nations comparison, including CSP request templates specifically drafted for the Scottish legal framework and guidance on using your existing EHCP documentation to build the strongest possible case for a CSP.

Strategic Steps to Protect Your Child

1. Don't wait for the school to act. In Scotland, the school refers concerns to the Education Authority's ASL team, but you can also contact the ASL team directly. Do not wait for school staff to make a referral.

2. Submit a formal written CSP assessment request immediately. Don't rely on the school's goodwill or assume the Scottish authority will simply adopt the EHCP's contents. Submit your own formal written request citing the ASL Act 2004, Section 11.

3. Bring quantified private reports. The Scottish ASNTS, like its English equivalent, gives equal weight to private expert reports from qualified professionals (HCPC-registered educational psychologists, registered SALTs, and so on). If your existing EHCP relied on private reports, bring the original reports — not just the EHCP summary.

4. Use Enquire Scotland. Enquire is Scotland's national advice service for Additional Support for Learning. Their helpline provides free, impartial guidance and their 'Untangling ASL' resources are specifically designed for families navigating the system for the first time.

5. Know that non-CSP support is still enforceable. Even if your child does not receive a CSP, Scottish schools have a statutory duty to meet additional support needs identified through other planning mechanisms. The Education Authority cannot simply do nothing because the CSP threshold is not met.

The Gap Between the Move and Support Starting

The most dangerous period for your child is the gap between leaving England and the Scottish system beginning to provide structured support. Schools will place your child in a class immediately, but formal support planning takes weeks. During this period, maintain detailed records of any difficulties the school reports and any incidents that suggest the child's needs are not being met. This documentation will be critical if you need to make a formal CSP reference later.

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