Application Wizard - Local Authority

Which Local Authority do I select and apply to?

My child or young person lives with me:

You must apply to the local authority (LA) where your child actually lives, not where the school is.

Even if:

• your child goes to school in a different county,
• the school is out of area,
• or you moved recently,

…the correct local authority responsible for your child's EHCP is always the home address LA (sometimes called the “resident local authority”).

Quick checklist:

Why?

It’s written in the law that the local authority that is responsible for the child is the one where the child is “ordinarily resident” — i.e., where they actually live. That council has the legal duty to carry out the EHC Needs Assessment and issue the EHCP.

Good to know:

• If your child already has an EHCP and you move to a new area, the new LA must take over the plan (this is called a 'transfer in').
• If you are applying for the first time, you apply to the LA where you are registered as living — even if the school is elsewhere.
• You can still name a different school (even out of area) in Section I later on.

In simple terms:

Apply to the council where your child sleeps at night — not where they go to school.

My child or young person lives with someone else:

The EHC Needs Assessment must be requested from the LA where the child actually lives most of the time (their “ordinary residence”).

• It does not matter which parent is making the request, or which parent you usually deal with.
• The council that has day-to-day responsibility for the child is the one legally required to carry out the assessment.

Examples:

Key points:

• Residency matters more than school location. Even if the child’s school is in LA1, the LA where the child sleeps most nights is responsible for the assessment.
• If your child moves between LAs (or between parents), make sure you state the living arrangements clearly in writing, so the LA knows which address is the main one and which LA should lead the process.
• The LA you apply to must consult any other relevant LAs if needed, especially in shared or split residency cases.

My child or young person spends 50% of their week with me and then 50% of their week with their other parent, who lives in a different Local Authority to me:

Which local authority should you apply to for an EHC Needs Assessment?

✅ You must apply to the local authority (LA) where your child is “ordinarily resident.”

For most children, that’s simple — it’s where they live most of the time. But if your child spends time half the week with one parent and half with the other parent in a different LA, it gets a bit more nuanced.

Shared residency guidance:

1. Primary residence is usually decided by “main nights”
   • If your child spends exactly equal time at both addresses, either LA can be approached.

   • In practice, many parents agree to submit to the LA where the child is registered with a GP or where school applications are made, but legally both LAs have a duty to consider an assessment request.

     Both LAs have responsibility

   • Both local authorities could be asked to consider an EHCNA.

   • Typically, the LA that receives the request will coordinate with the other LA to decide who will take the lead.

     Recommendation

   • Make a clear note of the shared residency in your request.
   • Indicate which LA you prefer to lead the assessment (usually where the child is registered for health services or the main school).
   • This avoids confusion and ensures the request is logged and processed quickly.

Key points in plain language:

• If your child splits time between two homes in different councils, either council can legally be asked for an EHCNA.
• The LA that starts the assessment usually takes the lead, but they may consult the other council.
• Always state clearly in writing where the child spends their time and which LA you are asking to lead the assessment.