Social care

Obtaining suitable social care support for children and young people can be a daunting task. There is separate legislation for children and adults, with some transitional provision for children on moving to adult services, often resulting in confusion for parents, and arguments between local authority departments as to who is responsible for what.

 

For those under 18, the key legislation is the Children Act 1989. Section 17 requires local authorities to support ‘children in need’, this definition including not only those at risk of harm, but also any child with a disability.

 

For adults, it is the Care Act 2014, which requires local authorities to support those with physical or mental impairment or illness who meet 2 or more of the 10 eligibility criteria set out in the Care & Support (Eligibility Criteria) Regulations 2014.

 

Both statutes place a duty on the local authority to assess the individual’s needs and in some circumstances to make provision to address those needs. There is also provision in both to assess the needs of family carers, including siblings.

 

Support arising from the above legislation should also be incorporated within a child or young person’s ‘Education, Health and Care Plan (EHCP)’, if they have one. The EHCP should be the ‘overarching’ plan to be used, to detail ALL support a child / young person requires for reasoning arising from their special educational needs, to ensure they receive the support they need.

 

We frequently encounter parents who have been refused a proper assessment of need for their children or where, despite an assessment having identified clear needs, no suitable support has materialised. As social workers have little undergraduate training in disability and are very heavily ‘child protection’ focused in their work, the very real needs of families struggling to cope with disability often get ignored. Often, by the time people have come to us, they are in or close to a state of crisis, caused by being worn down by long term failure on the part of ‘social care’ to support them.

 

We can assist you in applying for a full assessment of your child’s needs, also providing advice on next steps once the assessments are complete, challenging the outcome where necessary. Support could include the option of applying for direct payments, which allow you to source the support yourself, instead of relying upon the local authority’s ‘standard’ offer that might not fit your child’s or family’s needs.

 

We know how to help when individuals are transferring from children’s to adult’s services – what should happen and when, and how to challenge incomplete and / or poor quality assessments. It is not uncommon for local authorities to seek to use the move to adult social care as a means to ‘cease to maintain’ their EHCP early, without giving proper consideration to the legal requirements that must be met to complete that process. We can provide expert advice and assistance with that transition process, safeguarding that young person’s right to support under their EHCP, should they wish to continue with their education.

 

Contact us on 01284 723952 or 01223 650857 for more information on how we can best assist you in your particular circumstances.