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 does not automatically become a Scottish plan.

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 Does Not Automatically Become a Scottish Plan

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 active CSPs were recorded in 2025, representing a 63% decrease in CSP numbers over the past decade. The vast majority of children with ASN are supported through non-statutory means. The receiving local authority applies Scotland's CSP criteria, so an EHCP-funded arrangement in England does not automatically become a Scottish CSP.

What Happens Immediately After the Move

When your child moves to Scotland, send the current plan and supporting reports to the receiving local authority. In practice, information transfer can be inconsistent, so you should not rely on it happening automatically.

Before you move: Notify your English local authority in writing that you are relocating to Scotland. Ask it to share your child's current provision and relevant assessment documents with the receiving local authority, and request 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 local authority — not only the school. Provide it with your child's EHCP, all supporting reports (EP, SALT, OT, CAMHS), and any letters from specialists.

The receiving local authority will then consider 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 meet the CSP criteria in Scotland. The receiving local authority should consider the child's ASN and the appropriate support arrangement, which may not be a CSP.

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 receiving local authority assess whether your child has Additional Support Needs
• Request that the receiving local 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 receiving local 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 may refer concerns to the receiving local 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 receiving authority will simply adopt the EHCP's contents. Submit your own formal written request citing the ASL Act 2004.

3. Bring quantified private reports. The Scottish ASNTS can consider relevant 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 the non-CSP dispute route. Even if your child does not receive a CSP, keep the support arrangement in writing. Disputes about non-CSP support use independent mediation or local dispute resolution rather than the ASNTS.

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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