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282 <h2>
282 Children and Young People Aged 0-25 with Special Educational Needs and Disabilities
282 </h2>
284 </div>
287 <div id="scope_box">
288 <h3>
288 SCOPE OF THIS CHAPTER
288 </h3>
289 <p>
289 This procedure sets out the specific provision under the Children and Families Act 2014 in
relation to children and young people aged 0-25 with Special Educational Needs or disabilities and
their carers. For the purposes of the Act, 'young person' is someone aged 16-25. The Care Act
2014 introduced changes to adult care and support. This also includes transitions for young
disabled people into adulthood, and support to carers.
289 </p>
290 <h3>
290 RELEVANT GUIDANCE
290 </h3>
291 <p>
291 For children who are Looked After or Previously Looked After and have SEN, please refer to
291 <a
href="https://www.gov.uk/government/publications/designated-teacher-for-looked-after-children"
target="_blank" rel="noopener">
291 Statutory guidance: Designated Teacher for Looked After and Previously Looked After Children
291 </a>
291 .
291 </p>
292 <h3>
292 RELATED CHAPTER
292 </h3>
293 <p>
293 <a href="p_plac_vis_ch_sen.html">
293 Placing and Visiting Children with Special Educational Needs and Disabilities or Health
Conditions in Long-Term Residential Settings Procedure
293 </a>
293 </p>
294 <h3>
294 AMENDMENT
294 </h3>
295 <p>
295 In April 2020, an update was made in
295 <a href="#principles">
295 Section 1, Principles
295 </a>
295 to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in
ensuring schools for pupils with SEN are registered with the DFE. The same diligence should be
exercised on behalf of pupils with SEN.
295 </p>
296 </div>
297 <div id="sections">
299 <h3 id="sections_list">
299 Contents
299 </h3>
300 <ol>
301 <li>
301 <a href="#principles">
301 Principles
301 </a>
301 </li>
302 <li>
302 <a href="#duty_to_provide">
302 Duty to Provide Information, Advice and Support
302 </a>
302 </li>
303 <li>
303 <a href="#local_offer">
303 Local Offer
303 </a>
303 </li>
304 <li>
304 <a href="#education">
304 Education, Health and Care Needs Assessment
304 </a>
304 </li>
305 <li>
305 <a href="#ed_health_care_plans">
305 Education, Health and Care Plans
305 </a>
305 </li>
306 <li>
306 <a href="#timescales">
306 Timescales for Education, Health and Care Needs Assessments and Preparation of an Education,
Health and Care Plan
306 </a>
306 </li>
307 <li>
307 <a href="#personal_budgets">
307 Personal Budgets
307 </a>
307 </li>
308 <li>
308 <a href="#transfer">
308 Transfer of Education, Health and Care Plans
308 </a>
308 </li>
309 <li>
309 <a href="#reviewing">
309 Reviewing Education, Health and Care Plans
309 </a>
309 </li>
310 <li>
310 <a href="#inter_rel">
310 Inter-relationship with Other Plans
310 </a>
310 </li>
311 <li>
311 <a href="#transitions">
311 Transitions from Children's to Adults' Services
311 </a>
311 </li>
312 <li>
312 <a href="#funding">
312 Funding Issues – Ordinary Residence
312 </a>
312 </li>
313 <li>
313 <a href="#ceasing_to_maintain">
313 Ceasing to Maintain an Education, Health and Care Plan
313 </a>
313 </li>
314 <li>
314 <a href="#young_carers">
314 Young Carers and Parent Carers of Disabled Children
314 </a>
314 </li>
315 <li>
315 <a href="#resolving_dis">
315 Resolving Disagreements
315 </a>
315 </li>
316 <li>
316 <a href="#further">
316 Further Information and Statutory Guidance
316 </a>
316 </li>
317 </ol>
318 <h3 id="principles">
318 1. Principles
318 </h3>
319 <p>
319 The Children and Families Act 2014 takes forward the reform programme set out in
319 <a
href="https://www.gov.uk/government/publications/support-and-aspiration-a-new-approach-to-special-
educational-needs-and-disability-progress-and-next-steps" target="_blank" rel="noopener">
319 Support and Aspiration: A New Approach to Special Educational Needs And Disability: Progress And
Next Steps
319 </a>
319 by:
319 </p>
320 <ul>
321 <li>
321 Extending the Special Educational Needs (SEN) system from birth to 25 and giving children, young
people and their parents greater control and choice in decision-making;
321 </li>
322 <li>
322 Replacing Statements of Special Educational Needs and learning difficulty assessments with
birth- to-25 Education, Health and Care Plans;
322 </li>
323 <li>
323 Offering families Personal Budgets - young people and parents of children who have Education,
Health and Care Plans have the right to request a Personal Budget, which may contain elements of
education, social care and health funding;
323 </li>
324 <li>
324 Creating a duty for joint commissioning which requires local authorities and health bodies to
work in partnership when arranging provision for children and young people with Special
Educational Needs;
324 </li>
325 <li>
325 Requiring local authorities to involve children, young people and parents in reviewing and
developing provision for those with Special Educational Needs and to publish a Local Offer of
services;
325 </li>
326 <li>
326 Extending the entitlement to an assessment to all young carers under the age of 18 regardless of
who they care for or the type and frequency of this care;
326 </li>
327 <li>
327 Giving Parent Carers the right to a stand-alone assessment.
327 </li>
328 </ul>
329 <p>
329 Local authorities should adopt a key working approach, which provides children, young people and
parents with a single point of contact to help ensure the holistic provision and co-ordination of
services and support.
329 </p>
330 <p>
330 The local authority must engage other partners it thinks appropriate to support young people with
SEN and disabilities. This might include voluntary organisations, CAMHS, local therapists,
Jobcentre Plus and their employment support advisers, training/apprenticeship/supported employment
providers, housing associations, careers advisers, leisure and play services. Local authorities
and Clinical Commissioning Groups (CCGs) should consider the role that private, voluntary and
community sector providers can play in delivering services.
330 </p>
331 <p>
331 Local authorities must review the special educational provision and social care provision in their
areas for children and young people who have SEN or disabilities and the provision made for local
children and young people who are educated out of the area, working with the partners to their
joint commissioning arrangements. The local authority must consult with children and young people
with SEN or disabilities and their parents. Joint commissioning arrangements must consider the
needs of children and young people with SEN and disabilities.
331 </p>
332 <p>
332 OFSTED's Chief Inspector stresses the importance of ensuring that all placements for all children
with SEN are made with due diligence. Before any placement the local authority should carry out
all necessary checks to make certain that schools are registered with the Department for
Education.
332 </p>
333 <p>
333 The Designated Medical Officer provides the point of contact for local authorities, schools and
colleges seeking health advice on children and young people who may have SEN or disabilities, and
provides a contact for CCGs or health providers so that appropriate notification can be given to
the local authority of children under compulsory school age who they think may have SEN or
disabilities.
333 </p>
334 <p>
334 The Act gives significant new rights directly to young people once they reach the end of
compulsory school age (the end of the academic year in which they turn 16). When a young person
reaches the end of compulsory school age, local authorities and other agencies should normally
engage directly with the young person rather than their parent, ensuring that as part of the
planning process they identify the relevant people who should be involved and how to involve them.
Most young people will continue to want, or need, their parents and other family members to remain
involved in discussions and decisions about their future. Some young people, possibly some
parents, will not have the mental Capacity to make certain decisions or express their views.
334 </p>
335 <p>
335 A 3 year review by the Law Commission recommended that the past 60 years of legislation relating
to adults and their care and support needs should be simplified and streamlined. This resulted in
the Care Act 2014, which came into force commencing in April 2015. The Act legislates as to how
Local Authorities must provide services to adults requiring care and support that will enable them
to achieve the outcomes that matter to them in their life. This legislation sees a change from the
“duty to provide services” to “meeting needs” – it promotes the idea of what an individual needs
rather than a 'one size fits all' approach. It introduces what is commonly being referred to as
the 'Wellbeing Principle', and it applies in all cases where a local authority is carrying out an
assessment on an individual and when it is providing a care and support function.
335 </p>
336 <p>
336 The Care Act 2014 applies equally to adults with care and support needs and their carers. It also
applies to children with disabilities and their carers, when they reach the transition stage from
children's into adults' services.
336 </p>
337 <p>
337 The Care Act emphasises prevention and delaying the need for support. Local Authorities are
expected to establish information and advice services locally that will be easily accessible to
all adults requiring care and support as well as carers. Needs or Carers assessments must be
carried out whenever it appears that one is necessary. Once an assessment has been made there's a
duty on local authorities to produce a care and support plan and to offer a personal budget. The
individual service user must be closely involved throughout this process. The Act also sets out a
duty to review Care and Support plans to ensure that they continue to meet the needs of the
person.
337 </p>
338 <h3 id="duty_to_provide">
338 2. Duty to Provide Information, Advice and Support
338 </h3>
339 <p>
339 Both the Children and Families Act 2014 and the Care Act 2015 impose upon local authorities a duty
to provide children and young people with information, advice and support relating to their SEN or
disability, and transition, including matters relating to health and social care. It must include
information, advice and support on the take-up and management of Personal Budgets. This
information, advice and support should be provided through a dedicated and easily identifiable
service. Information, advice and support services should be impartial, confidential and accessible
and should have the capacity to handle face-to-face, telephone and electronic enquiries.
339 </p>
340 <p>
340 Local authorities must take steps to make these services known to children and young people/their
parents in their area; head teachers, proprietors and principals of schools and post-16
institutions in their area, and others where appropriate.
340 </p>
341 <p>
341 Advocacy services must be available to young people going through the transition phase.
341 </p>
342 The Local Offer must include details of how information, advice and support related to SEN and
disabilities can be accessed and how it is resourced. It must also include a short breaks duty
statement giving details of the local range of services and how they can be accessed, including any
eligibility criteria (in accordance with the Breaks for Carers of Disabled Children Regulations
2011).
343 <p>
343 Children and young people should be involved in the design or commissioning of services providing
information, advice and support.
343 </p>
344 <h3 id="local_offer">
344 3. Local Offer
344 </h3>
345 <p>
345 Local authorities in England have a statutory duty to develop and publish a Local Offer setting
out the support they expect to be available for local children and young people aged 0-25 with
Special Educational Needs (SEN) or disabilities, whether or not they have an Education, Health and
Care Plan. Local authorities must consult locally on what provision the Local Offer should
contain.
345 </p>
346 <p>
346 The local authority must involve children and young people in developing and reviewing the Local
Offer.
346 </p>
347 <p>
347 The Local Offer must be widely accessible via the local authority website, to those without access
to the internet, and those with different types of SEN.
347 </p>
348 <p>
348 The Local Offer must include information about:
348 </p>
349 <ul>
350 <li>
350 Special educational, health and social care provision for children and young people with SEN or
disabilities – this should include online and blended learning;
350 </li>
351 <li>
351 Support and provision that 19- to 25-year-olds with SEN can access regardless of whether they
have an Education, Health and Care Plan;
351 </li>
352 <li>
352 Arrangements for identifying and assessing children and young people's SEN – this should include
arrangements for Education, Health and Care Needs Assessments;
352 </li>
353 <li>
353 Details of how parents and children and young people can request an assessment for an Education,
Health and Care Plan:
354 <ul>
355 <li>
355 How the local authority will consider a request for an assessment and inform parents and
young people of their decision;
355 </li>
356 <li>
356 How parents and children and young people will be involved in the assessment process;
356 </li>
357 <li>
357 What support is available to help families during the needs assessment process and the
development of an Education, Health and Care Plan;
357 </li>
358 <li>
358 The timescales involved in the assessment process;
358 </li>
359 <li>
359 The process for making an Education, Health and Care Plan;
359 </li>
360 <li>
360 Information about the option of having a Personal Budget:
361 <ul>
362 <li>
362 A description of the services across education, health and social care that currently
lend themselves to the use of Personal Budgets;
362 </li>
363 <li>
363 The mechanisms of control for funding available to parents and young people including
direct payments, arrangements and third party arrangements;
363 </li>
364 <li>
364 Clear and simple statements setting out eligibility criteria and the decision-making
processes that underpin them;
364 </li>
365 <li>
365 The support available to help families manage a Personal Budget.
365 </li>
366 </ul>
367 </li>
368 </ul>
369 </li>
370 <li>
370 Other educational provision, for example sports or arts provision, paired reading schemes;
370 </li>
371 <li>
371 Education provision and post-16 education and training provision;
371 </li>
372 <li>
372 Apprenticeships, traineeships and supported internships;
372 </li>
373 <li>
373 Information about provision to assist in preparing young people for adulthood;
373 </li>
374 <li>
374 Arrangements for travel to and from education institutions;
374 </li>
375 <li>
375 Support to help young people move between phases of education;
375 </li>
376 <li>
376 Sources of information, advice and support in the local authority's area relating to SEN and
disabilities;
376 </li>
377 <li>
377 Childcare, including suitable provision for disabled children and those with SEN;
377 </li>
378 <li>
378 Leisure activities;
378 </li>
379 <li>
379 Support available to young people in higher education, particularly the Disabled Students
Allowance (DSA) and the process and timescales for making an application for DSA;
379 </li>
380 <li>
380 Arrangements for resolving disagreements and for mediation, and details about making complaints;
380 </li>
381 <li>
381 Parents' and young people's rights to appeal a decision of the local authority to the First-tier
Tribunal (SEN and disability) in respect of SEN and provision;
381 </li>
382 <li>
382 The local authority's accessibility strategy under the Equality Act 2010.
382 </li>
383 </ul>
384 <p>
384 The Local Offer should cover:
384 </p>
385 <ul>
386 <li>
386 Support available to all children and young people with SEN or disabilities from universal
services such as schools and GPs;
386 </li>
387 <li>
387 Targeted services for children and young people with SEN or disabilities who require additional
short-term support over and above that provided routinely as part of universal services;
387 </li>
388 <li>
388 Specialist services for children and young people with SEN or disabilities who require
specialised, longer term support.
388 </li>
389 </ul>
390 <p>
390 The Local Offer must include provision in the local authority's area, and also provision outside
the local area that the local authority expects is likely to be used by children and young people
with SEN for whom they are responsible and disabled children and young people. This could, for
example, be provision in a school or further education college in a neighbouring area or support
services for children and young people with particular types of SEN that are provided jointly by
local authorities. It should include relevant regional and national specialist provision, such as
provision for children and young people with low-incidence and more complex SEN.
390 </p>
391 <p>
391 The local authority must keep its Local Offer under review. It must publish at least annually a
summary of comments received about the Local Offer, its response to the comments, and details of
the action they intend to take.
391 </p>
392 <h3 id="education">
392 4. Education, Health and Care Needs Assessment
392 </h3>
393 <h4>
393 4.1 Requesting an Education, Health and Care Needs Assessment
393 </h4>
394 <p>
394 An Education, Health and Care Needs Assessment is an assessment undertaken by a local authority of
the education, health and care needs of a child or young person aged 0-25 with Special Educational
Needs (SEN) or disabilities to determine whether it is necessary to make provision for those needs
in accordance with an Education Health and Care Plan.
394 </p>
395 <p>
395 The following have a specific right to ask a local authority to conduct an Education, Health and
Care Needs Assessment:
395 </p>
396 <ul>
397 <li>
397 A child's parent;
397 </li>
398 <li>
398 A young person over the age of 16 but under the age of 25; and
398 </li>
399 <li>
399 A person acting on behalf of a school or post-16 institution (this should be with the knowledge
and agreement of the parent or young person where possible).
399 </li>
400 </ul>
401 <p>
401 In addition, anyone else can bring a child or young person who has (or may have) SEN to the
attention of the local authority, e.g. foster carers, health and social care professionals,
education staff, youth offending teams or Probation Providers, or a family friend.
401 </p>
402 <p>
402 Following a request or a child having been brought to its attention, the local authority must
(unless it has already undertaken such an assessment during the previous six months) determine
whether an Education, Health and Care Needs Assessment is necessary and communicate that decision
within 6 weeks. It must give its reasons where it decides not to proceed.
402 </p>
403 <p>
403 Where the local authority considers that special educational provision may need to be made in
accordance with an Education, Health and Care Plan and is considering whether an Education, Health
and Care Needs Assessment is necessary, it must notify:
403 </p>
404 <ul>
405 <li>
405 The young person/parent (and must inform them of their right to express written or oral views
and submit evidence);
405 </li>
406 <li>
406 The health service (the relevant Clinical Commissioning Group (CCG) or NHS England where it has
responsibility for a child or young person);
406 </li>
407 <li>
407 Local authority officers responsible for social care for young people with SEN;
407 </li>
408 <li>
408 Where the child or young person attends an education establishment, the principal (or
equivalent).
408 </li>
409 </ul>
410 <p>
410 In considering whether an Education, Health and Care Needs Assessment is necessary, the local
authority should consider whether there is evidence that despite the education establishment
having taken relevant and purposeful action to identify, assess and meet the special educational
needs of the child/young person, s/he has not made expected progress.
410 </p>
411 <p>
411 If the local authority decides not to conduct an Education, Health and Care Needs Assessment, it
must notify the young person/parent, the education provider and the health service and give the
reasons for its decision. The local authority must also inform the young person/parent of their
right to appeal that decision and the time limit for doing so, of the requirement for them to
consider mediation should they wish to appeal, and the availability of information, advice and
support and disagreement resolution services (see
411 <a href="#resolving_dis">
411 Section 14, Resolving Disagreements
411 </a>
411 ). The local authority should also provide feedback collected during the process of considering
whether an Education, Health and Care Needs Assessment is necessary, including evidence from
professionals, which the parent, young person, early years provider, school or post-16 institution
may find useful.
411 </p>
412 <h4>
412 4.2 Undertaking an Education, Health and Care Needs Assessment
412 </h4>
413 <p>
413 Local authorities must consult the child/young person/parent throughout the process of assessment
and production of an Education, Health and Care Plan.
413 </p>
414 <p>
414 Education, Health and Care Needs Assessments should be combined with other social care assessments
where appropriate. As far as possible, there should be a 'tell us once' approach to sharing
information during the assessment and planning process so that families and young people do not
have to repeat the same information to different agencies, or different practitioners and services
within each agency. It must be discussed with the child/young person/parents what information they
are happy for the local authority to share with other agencies. A record should be made of what
information can be shared and with whom.
414 </p>
415 <p>
415 Where particular services are assessed as being needed, their provision should be delivered and
should not be delayed until the Education, Health and Care Plan is complete.
415 </p>
416 <p>
416 Following the completion of an Education, Health and Care Needs Assessment, if the local authority
decides that an Education, Health and Care Plan is not necessary, it must notify the child/young
person/parent, the education and the health service and give the reasons for its decision. This
notification must take place as soon as practicable and at the latest within 16 weeks of the
initial request or of the child or young person having otherwise been brought to the local
authority's attention. The local authority must also inform the child/young person/parent of their
right to appeal that decision and the time limit for doing so, of the requirement for them to
consider mediation should they wish to appeal, and the availability of information, advice and
support and disagreement resolution services.
416 </p>
417 <h4>
417 4.3 New Requests for Education, Health and Care Needs Assessments for 19- to 25-year-olds
417 </h4>
418 <p>
418 Young people who do not already have an Education, Health and Care Plan continue to have the right
to request an assessment of their SEN at any point prior to their 25th birthday (unless an
assessment has been carried out in the previous six months).
418 </p>
419 <p>
419 Where such a request is made, or the young person is otherwise brought to the attention of the
local authority as being someone who may have SEN, the local authority must follow the guidance
set put above for carrying out Education, Health and Care Needs Assessments. In addition, when
making decisions about whether a plan needs to be made for a 19- to 25-year-old, local authorities
must consider whether the young person requires additional time, in comparison to the majority of
others of the same age who do not have SEN, to complete his or her education or training.
419 </p>
420 <h3 id="ed_health_care_plans">
420 5. Education, Health and Care Plans
420 </h3>
421 <p>
421 An Education, Health and Care Plan details the education, health and social care support that is
to be provided to a child or young person aged 0-25 who has Special Educational Needs or a
disability.
421 </p>
422 <p>
422 As a statutory minimum, Education, Health and Care Plans must include the following sections:
422 </p>
423 <ul>
424 <li>
424 <span class="bold">
424 Section A
424 </span>
424 : The views, interests and aspirations of the child/young person;
424 </li>
425 <li>
425 <span class="bold">
425 Section B
425 </span>
425 : The child/young person's Special Educational Needs (SEN);
425 </li>
426 <li>
426 <span class="bold">
426 Section C
426 </span>
426 : The child/young person's health needs which are related to their SEN;
426 </li>
427 <li>
427 <span class="bold">
427 Section D
427 </span>
427 : The child/young person's social care needs which are related to their SEN or to a disability;
427 </li>
428 <li>
428 <span class="bold">
428 Section E
428 </span>
428 : The outcomes sought for the child/young person. This should include outcomes for adult life.
The Plan should also identify the arrangements for the setting of shorter term targets by the
education or training provider;
428 </li>
429 <li>
429 <span class="bold">
429 Section F
429 </span>
429 : The special educational provision required by the child/young person;
429 </li>
430 <li>
430 <span class="bold">
430 Section G
430 </span>
430 : Any health provision reasonably required by the learning difficulties or disabilities which
result in the child/young person having SEN. Where an Individual Health Care Plan is made for
them, that plan should be included;
430 </li>
431 <li>
431 <span class="bold">
431 Section H1
431 </span>
431 : Any social care provision which must be made for a child/young person under 18 resulting from
section 2 of the Chronically Sick and Disabled Persons Act 1970; any services to be provided for
parent carers of disabled children, following an assessment of their needs as carers;
431 </li>
432 <li>
432 <span class="bold">
432 Section H2
432 </span>
432 : Any other social care provision reasonably required by the learning difficulties or
disabilities which result in the child/young person having SEN. This will include any adult
social care provision being provided to meet a young person's eligible needs (through a
statutory care and support plan);
432 </li>
433 <li>
433 <span class="bold">
433 Section I
433 </span>
433 : The name and type of the education institution to be attended by the child/young person;
433 </li>
434 <li>
434 <span class="bold">
434 Section J
434 </span>
434 : Where there is a Personal Budget, the details of how the Personal Budget will support
particular outcomes, the provision it will be used for including any flexibility in its usage
and the arrangements for any direct payments for education, health and social care. The Special
Educational Needs and outcomes that are to be met by any direct payment must be specified;
434 </li>
435 <li>
435 <span class="bold">
435 Section K
435 </span>
435 : The advice and information gathered during the Education, Health and Care Needs Assessment
must be attached.
435 </li>
436 </ul>
437 <p>
437 In addition, the Plan must include (in sections F, G, H1 or H2 as appropriate) the provision
required by the young person to assist in preparation for adulthood and independent living, for
example, support for finding employment, housing or for participation in society.
437 </p>
438 <p>
438 The local authority must send the draft Education, Health and Care Plan (including the appendices
containing the advice and information gathered during the Education, Health and Care Needs
Assessment) to the child/young person/parent and give them at least 15 days to give views and make
representations on the content. During this period, the local authority must make its officers
available for a meeting with the child/young person/parent on request. When the local authority
sends the draft Education, Health and Care Plan to the child/young person/parent, it must:
438 </p>
439 <ul>
440 <li>
440 Notify them that during this period they can request that a particular education institution be
named in the plan. The draft plan must not contain the name of the education institution;
440 </li>
441 <li>
441 Advise them where they can find information about the education institutions that are available,
for example through the Local Offer; and
441 </li>
442 <li>
442 Should seek agreement of any Personal Budget specified in the draft.
442 </li>
443 </ul>
444 <p>
444 When changes to the draft Plan are suggested by the child/young person/parent and agreed, the
draft plan should be amended and issued as the final Education, Health and Care Plan as quickly as
possible. If the local authority wishes to make other changes it must re-issue the draft
Education, Health and Care Plan to the child/young person/parent. The final Education, Health and
Care Plan should be signed and dated by the local authority officer responsible for signing off
the final plan.
444 </p>
445 <p>
445 Where changes suggested by the child/young person/parent are not agreed, the local authority may
still proceed to issue the final Education, Health and Care Plan. In either case the local
authority must notify the child/young person/parent of their right to appeal to the Tribunal and
the time limit for doing so, of the requirement for them to consider mediation should they wish to
appeal, and the availability of information, advice and support and disagreement resolution
services. The local authority should also notify the child/young person/parent how they can appeal
the health and social care provision in the Plan. See
445 <a href="#resolving_dis">
445 Section 14, Resolving Disagreements
445 </a>
445 .
445 </p>
446 <p>
446 The final Education, Health and Care Plan must also be issued to the governing body, proprietor or
principal of any school, college or other institution named in the Plan, and to the relevant CCG
(or where relevant, NHS England).
446 </p>
447 <h3 id="timescales">
447 6. Timescales for Education, Health and Care Needs Assessments and Preparation of an Education,
Health and Care Plan
447 </h3>
448 <ul>
449 <li>
449 The whole process of Education, Health and Care Needs Assessment and Education, Health and Care
Plan development, from the point when an assessment is requested (or a child/young person is
brought to the local authority's attention) until the final Education, Health and Care Plan is
issued, must take no more than 20 weeks;
449 </li>
450 <li>
450 Local authorities must give their decision in response to any request for an Education, Health
and Care Needs Assessment within a maximum of 6 weeks from when the request was received or the
point at which the child/young person was brought to the local authority's attention;
450 </li>
451 <li>
451 When local authorities request information as part of the needs assessment process, those
supplying the information must respond in a timely manner and within a maximum of 6 weeks from
the date of the request;
451 </li>
452 <li>
452 If the local authority decides, following an Education, Health and Care Needs Assessment, not to
issue an Education, Health and Care Plan, it must inform the child/young person/parent within a
maximum of 16 weeks from the request for a needs assessment;
452 </li>
453 <li>
453 The child/young person/parent must be given 15 calendar days to consider and provide views on a
draft Education, Health and Care Plan and ask for a particular school or other institution to be
named in it.
453 </li>
454 </ul>
455 <p>
455 Exemptions apply where:
455 </p>
456 <ul>
457 <li>
457 Appointments with people from whom the local authority has requested information are missed by
the child/young person;
457 </li>
458 <li>
458 The child/young person is absent from the area for a period of at least 4 weeks;
458 </li>
459 <li>
459 Exceptional personal circumstances affect the child/young person; and
459 </li>
460 <li>
460 The educational institution is closed for at least 4 weeks, which may delay the submission of
information from the school or other institution.
460 </li>
461 </ul>
462 <p>
462 The child/young person/parent should be informed if exemptions apply so that they are aware of,
and understand, the reason for any delays. All remaining elements of the process must be completed
within their prescribed periods, regardless of whether exemptions have delayed earlier elements.
462 </p>
463 <h3 id="personal_budgets">
463 7. Personal Budgets
463 </h3>
464 <p>
464 Children/young people who have Education, Health and Care Plans have the right to request a
Personal Budget, which may contain elements of education, social care and health funding. Each
request for a Personal Budget must be considered on its own individual merits.
464 </p>
465 <p>
465 The child/young person should be given an indication of the level of funding that is likely to be
required to make the provision specified, or proposed to be specified in the Education, Health and
Care Plan. An indicative figure can be identified through a resource allocation or banded funding
system. The local authority should agree the provision to be made in the plan and help the parent
or young person to decide whether they want to take up a Personal Budget. Local authorities should
be clear that any figure discussed at this stage is indicative and is a tool to support the
planning process including the development of the draft Education, Health and Care Plan. The final
allocation of funding budget must be sufficient to secure the agreed provision specified in the
Education, Health and Care Plan and must be set out as part of that provision. If the local
authority is unable to identify a sum of money, they should inform the child/young person/parent
of the reasons.
465 </p>
466 <p>
466 If the local authority refuses a request for a direct payment for special educational provision,
the local authority must set out their reasons in writing and inform the child/young person/parent
of their right to request a formal review of the decision. The local authority must consider any
subsequent representation made by the child/ young person/parent, and notify them of the outcome,
in writing, setting out the reasons for their decision.
466 </p>
467 <p>
467 Where the disagreement relates to the special educational provision to be secured through a
Personal Budget the child/ young person/parent can appeal to the First-tier Tribunal (SEN and
Disability) – see
467 <a href="#resolving_dis">
467 Section 15, Resolving Disagreements
467 </a>
467 .
467 </p>
468 <p>
468 The mechanisms of control for funding available to parents and young people include:
468 </p>
469 <ul>
470 <li>
470 Direct Payments – where individuals receive the cash to contract, purchase and manage services
themselves;
470 </li>
471 <li>
471 An arrangement – whereby the local authority, school or college holds the funds and commissions
the support specified in the Education, Health and Care Plan (these are sometimes called
notional budgets);
471 </li>
472 <li>
472 Third party arrangements – where funds (direct payments) are paid to and managed by an
individual or organisation on behalf of the young person;
472 </li>
473 <li>
473 A combination of the above.
473 </li>
474 </ul>
475 <h3 id="transfer">
475 8. Transfer of Education, Health and Care Plans
475 </h3>
476 <p>
476 Where a child/ young person moves to another local authority, the 'old' authority must transfer
the Education, Health and Care Plan to the 'new' authority on the day of the move. Where the old
authority has not been provided with 15 working days' notice of the move, the old authority must
transfer the Plan within 15 working days beginning with the day on which it did become aware.
476 </p>
477 <p>
477 The requirement for the child/ young person to attend the educational institution specified in the
Education, Health and Care Plan continues after the transfer. However, where attendance would be
impractical, the new authority must place the child/ young person temporarily at an appropriate
educational institution until the Plan is formally amended. The new authority may not decline to
pay the fees or otherwise maintain the child at an independent or non-maintained special school or
a boarding school named in an Education, Health and Care Plan unless and until they have amended
the Plan.
477 </p>
478 <p>
478 The new authority may, on the transfer of the Education, Health and Care Plan, bring forward the
arrangements for the review of the plan, and may conduct a new Education, Health and Care Needs
Assessment regardless of when the previous needs assessment took place. The new authority must
tell the child/ young person/parent, within six weeks of the date of transfer, when they will
review the plan and whether they propose to make a needs assessment.
478 </p>
479 <p>
479 The new authority must review the plan before one of the following deadlines, whichever is the
later:
479 </p>
480 <ul>
481 <li>
481 Within 12 months of the plan being made or being previously reviewed by the old authority; or
481 </li>
482 <li>
482 Within 3 months of the plan being transferred.
482 </li>
483 </ul>
484 <p>
484 Where children/young people move between local authority areas while they are being assessed for
an Education, Health and Care Plan, the new authority should decide whether it needs to carry out
an Education, Health and Care Needs Assessment (using the information already gathered) and it
must decide whether to do so if it receives a request from the child/ young person/parent.
484 </p>
485 <h3 id="reviewing">
485 9. Reviewing Education, Health and Care Plans
485 </h3>
486 <p>
486 Education, Health and Care Plans should be used to actively monitor the progress of children/young
people towards their outcomes and longer term aspirations. They must be reviewed as a minimum
every 12 months. The local authority's decision following the review meeting must be notified to
the child/ young person/parent within four weeks of the review meeting.
486 </p>
487 <p>
487 Reviews must focus on the child/young person's progress towards achieving the outcomes specified
in the Plan, and whether these outcomes and supporting targets remain appropriate.
487 </p>
488 <p>
488 Reviews should also:
488 </p>
489 <ul>
490 <li>
490 Gather and assess information so that it can be used by education settings to support the
child/young person's progress and their access to teaching and learning;
490 </li>
491 <li>
491 Review the special educational provision made for the child/ young person to ensure it is being
effective in ensuring access to teaching and learning and good progress;
491 </li>
492 <li>
492 Review the health and social care provision made for the child/ young person and its
effectiveness in ensuring good progress towards outcomes;
492 </li>
493 <li>
493 Consider the continuing appropriateness of the Plan in the light of the child/ young person's
progress during the previous year or changed circumstances and whether changes are required
including any changes to outcomes, enhanced provision, change of educational establishment or
whether the Plan should be discontinued;
493 </li>
494 <li>
494 Set new interim targets for the coming year and where appropriate, agree new outcomes;
494 </li>
495 <li>
495 Review any interim targets set by the education provider;
495 </li>
496 <li>
496 Review any existing Personal Budget arrangements including the statutory requirement to review
any arrangements for Direct Payments;
496 </li>
497 <li>
497 Review any transition plan that is in place.
497 </li>
498 </ul>
499 <p>
499 Reviews must be undertaken in partnership with the young person/parent and must take account of
their views, wishes and feelings, including their right to request a Personal Budget.
499 </p>
500 <p>
500 Professionals across education, health and care must co-operate with local authorities during
reviews.
500 </p>
501 <p>
501 For Looked After children the annual review should, if possible and appropriate, coincide with one
of the reviews in their Care Plan and in particular the Personal Education Plan (PEP) element of
the Care Plan.
501 </p>
502 <p>
502 Local authorities must also review and maintain an Education, Health and Care Plan when a young
person has been released from custody. The responsible local authority must involve the young
person in reviewing whether the Plan still reflects their needs accurately and should involve the
youth offending team in agreeing appropriate support and opportunities.
502 </p>
503 <p>
503 The Education, Health and Care Plan review at Year 9, and every review thereafter, should include
a focus on preparing for adulthood. It can be helpful for reviews before Year 9 to have this focus
too.
503 </p>
504 <h3 id="inter_rel">
504 10. Inter-relationship with Other Plans
504 </h3>
505 <h4>
505 10.1 Adult Services Statutory Care and Support Plans
505 </h4>
506 <p>
506 For disabled children who are likely to have needs when they turn 18, then under the Care Act
2014, the local authority must undertake a transitions assessment if it considers it will benefit
the individual in them doing so. This is even if the child is not receiving any current services.
The Act does not specify a specific age, prior to 18, at which an assessment can be requested, but
the phrase 'significant benefit' is used by which the local authority can decide if the young
person or his/her carer would benefit from an assessment.
506 </p>
507 <p>
507 The assessment is expected to identify what outcomes the service user wants to achieve, what their
needs are in the present and what they are likely to be when they turn 18. Advice and information
must also be provided about what services exist to either support needs or to reduce them – this
includes information on resources deemed as being outside 'formal' services.
507 </p>
508 <p>
508 If the local authority deem that an assessment is not required, then this must be put in writing
to the service user, and information about local advice services provided.
508 </p>
509 <p>
509 When an assessment takes place, the local authority is expected to produce a care and support plan
at its conclusion, that the young person or adult carer has been closely involved in formulating
in order to achieve their identified outcomes. This plan will have to be reviewed at regular
intervals.
509 </p>
510 <p>
510 The Act recognises that there are likely to be several agencies involved in a young person's or
carer's life. Therefore, the Act gives local authorities a legal responsibility to cooperate, and
to ensure that all the correct people work together to get the transition right. It also allows
for multiple assessments by different agencies to be combined to save assessment after assessment
from having to take place.
510 </p>
511 <p>
511 Similarly, a young person's care and support plan could easily become part of an Education, Health
and Care Plan, if the young person already has one.
511 </p>
512 <p>
512 Further details are outlined in
512 <a href="#transitions">
512 Section 11, Transitions from Children's to Adults' Services
512 </a>
512 .
512 </p>
513 <h4>
513 10.2 Care Plans for Looked After Children
513 </h4>
514 <p>
514 Where a Looked After or Previously looked After child is being assessed for SEN it is vital to
take account of information set out in their Care Plan. SEN professionals must work closely with
other relevant professionals involved in the child's life to ensure that the child's Education,
Health and Care Plan works in harmony with his/her Care Plan and adds to, but does not duplicate,
information about how education, health and care needs will be met.
514 </p>
515 <p>
515 The assessment must be carried out by the authority where the child lives (i.e. is ordinarily
resident), which may not be the same as the authority that looks after the child. If a
disagreement arises, the authority that looks after the child, will act as the 'corporate
parent' in any disagreement resolution.
515 </p>
516 <p>
516 It is the Looked After child's social worker (in close consultation with the Virtual School Head
in the authority that looks after the child) that will ultimately make any educational decision on
the child's behalf. However, the day-to-day responsibility for supporting a child's school
admission and education is delegated to the carer who will advocate for the Looked After child and
raise any concerns about delays or educational needs with the child's social worker.
516 </p>
517 <p>
517 Once placed in a school the child's progress will be monitored and promoted in the school by the
Designated Teacher who will need to be aware of the child's looked after legal status, contact
arrangements and the child's care plan including the level of authority delegated to the named
carer.
517 </p>
518 <p>
518 The Designated Teacher has a wide range of responsibilities, including:
518 </p>
519 <ul>
520 <li>
520 The development and implementation of the children's PEP and ensuring all other staff in the
school are aware of the plan and are working to it;
520 </li>
521 <li>
521 Safeguarding;
521 </li>
522 <li>
522 Ensuring children who are entitled to Premium Pupil Funding are attracting it and that it is
being used to support and benefit looked after children as intended and this is reflected in the
PEP;
522 </li>
523 <li>
523 Advising and supporting teachers and other school staff in whole school approaches that enable
Looked After and Previously Looked After Children to thrive and achieve;
523 </li>
524 <li>
524 Promoting positive home and school links;
524 </li>
525 <li>
525 Monitoring the children's progress against their peers.
525 </li>
526 </ul>
527 <p>
527 For a child in a stable, long-term foster placement it may well be appropriate for the carer to
take on the responsibility of managing a Personal Budget but this will need careful case-by-case
consideration.
527 </p>
528 <h4>
528 10.3 Children in Need
528 </h4>
529 <p>
529 For all children who have social care plans, e.g. a Child in Need Plan, the social worker should
co-ordinate any outward facing plan with other professionals. Where there are specific Child
Protection concerns resulting in action under Section 47 of the Children Act 1989, careful
consideration should be given to how closely the assessment processes across education, health and
care can be integrated, in order to ensure that the needs of vulnerable children are put first.
529 </p>
530 <p>
530 Education, Health and Care Plan reviews should be synchronised with social care plan reviews, and
must always meet the needs of the individual child.
530 </p>
531 <h3 id="transitions">
531 11. Transitions from Children's to Adults' Services
531 </h3>
532 <p>
532 Children's services must continue to be provided until adult provision has started or a decision
is made that the young person's needs do not meet the eligibility criteria for adult care and
support following a Transition assessment.
532 </p>
533 <p>
533 The transition from children's to adult services should take place at a time that is appropriate
for the individual. This is particularly important where young people's assessed needs do not meet
eligibility criteria for adult services. Transition to adult services for those with EHC plans
should begin at an appropriate annual review and in many cases should be a staged process over
several months or years.
533 </p>
534 <p>
534 Where young people aged 18 or over continue to have EHC plans under the Children and Families Act
2014, and they make the move to adult care and support, the care and support aspects of the EHC
plan will be provided under the Care Act. The statutory care and support plan must form the basis
of the 'care' element of the EHC plan.
534 </p>
535 Under the Care Act 2014 all young people going through the transition process are entitled to
independent advocacy.
536 <p>
536 The Local Offer must include relevant information and advice on local provision and how to receive
an assessment for transition to adult care and support.
536 </p>
537 <p>
537 For social care provision specified in the Education, Health and Care Plan, existing duties on
social care services to assess and provide for the needs of disabled young people continue to
apply. Where the young person is over 18, the care element of the Education, Health and Care Plan
will usually be provided by adult services. However, where it will benefit a young person with an
Education, Health and Care Plan, local authorities have the power to continue to provide
children's services past a young person's 18th birthday for as long as is deemed necessary. This
can continue until the Education, Health and Care Plan is no longer maintained.
537 </p>
538 <p>
538 Local authorities and their partners must work together to ensure effective and well supported
transition arrangements are in place; that assessment, planning and review processes for both Care
Plans, Transition Plans and Education, Health and Care Plans are aligned; plans are
person-centered; that there is effective integration with health services, and that there is a
good range of universal provision for inclusion in the Local Offer. Young people and their
families should not be expected to repeatedly provide duplicate information to different services,
or to attend numerous reviews, or receive support that is not co-ordinated and joined up.
538 </p>
539 <p>
539 Transitions Assessments for adult care or support
539 <span class="bold">
539 must
539 </span>
539 consider:
539 </p>
540 <ul>
541 <li>
541 Current needs for care and support;
541 </li>
542 <li>
542 Whether the young person is likely to have needs for care and support after they turn 18; and
542 </li>
543 <li>
543 What are their desired outcomes?
543 </li>
544 <li>
544 If so, what those needs are likely to be and which are likely to be eligible needs.
544 </li>
545 </ul>
546 <p>
546 Transitions Assessments can be combined with other assessments, or where other agencies are
involved and doing their own assessment, they can be undertaken jointly.
546 </p>
547 <p>
547 Having carried out a transition assessment, the local authority must give an indication of which
needs are likely to be regarded as eligible needs so the young person understands the care and
support they are likely to receive once children's services cease. Where a young person's needs
are not eligible for adult services, local authorities must provide information and advice about
how those needs may be met and the provision and support that young people can access in their
local area.
547 </p>
548 <p>
548 The local authority and relevant partners should consider building on a transition assessment to
create a person-centred transition plan that sets out the information in the assessment, along
with a plan for the transition to adult care and support, including key milestones for achieving
the young person or carer's desired outcomes.
548 </p>
549 <p>
549 Where a transition assessment identifies needs that are likely to be eligible, local authorities
should consider providing an Indicative Personal Budget so that young people have an idea of how
much their care and support will cost when they enter the adult system. This is particularly
important if young people with Education, Health and Care Plans are already exercising their
statutory right to a Personal Budget as any adult with eligible needs will have a care and support
plan which must include a Personal Budget. Young people with Education, Health and Care Plans may
also consider the transition to adult services a good opportunity to start exercising their right
to start receiving their Personal Budget as a direct payment.
549 </p>
550 <p>
550 In the case of care leavers with disabilities, the Staying Put Guidance states that local
authorities may choose to extend foster placements beyond the age of 18. All local authorities
must have a Staying Put policy to ensure transition from care to independence and adulthood that
is similar for care leavers to that which most young people experience, and is based on need and
not on age alone.
550 </p>
551 <h3 id="funding">
551 12. Funding Issues - Ordinary Residence
551 </h3>
552 <p>
552 All children receiving services under the Children Act 1989 are ordinarily resident in the Local
Authority area that has arranged their services. This is also the case when those services include
a placement in another local authority area.
552 </p>
553 <p>
553 This Section takes into account the amendments to the Care and Support statutory guidance in
December 2016 that reflected the findings of the Supreme Court in the case of R v Secretary of
State [2015](UKSC46 Cornwall) which particularly applied to adults who lack capacity in terms of
making a decision as to where they live and Looked After Children transitioning to adult social
care and other accommodation.
553 </p>
554 <p>
554 When a child who has been placed in another area reaches the age of transition, and is deemed
eligible for on-going services under the Care Act 2014 they may or may not remain ordinarily
resident in the placing Local Authority area.
554 </p>
555 <p>
555 The first determining factor is whether or not they continue to need accommodating in a
residential home, hospital, supported living scheme or shared lives scheme. If this is the case
then under Section 39 of the Care Act they remain ordinarily resident in the Local Authority that
placed them.
555 </p>
556 <p>
556 If they do not require specialist accommodation, the Shah test applies. These deeming provisions
relating to specific types of accommodation are included in the Care Act to ensure that a Local
Authority is not able to 'export its responsibility for providing necessary accommodation by
exporting the person who is in need of it'.
556 </p>
557 <p>
557 The
557 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252864/OR_Guidance
_2013-10-01_Revised__with_new_contact_details_New_DH_template.pdf" target="_blank"
rel="noopener">
557 Shah test
557 </a>
557 is the means by which consistent and lawful decisions about ordinary residence are made.
557 </p>
558 <p>
558 There are 4 steps to the Shah test. However, if a person is deemed to lack capacity the first step
does not apply:
558 </p>
559 <ul>
560 <li>
560 Is the person voluntarily living in the area;
560 </li>
561 <li>
561 The person's connection with the area, (viz. family, friends, work, education and professional
support networks);
561 </li>
562 <li>
562 The duration of their residence there;
562 </li>
563 <li>
563 Their wishes and feelings – all decisions must consider the views and wishes of the person in
relation to the above, and where this is not clearly possible, any decision must be made in the
person's best interests and consider the impact on their Wellbeing on any decision made.
563 </li>
564 </ul>
565 <p>
565 See
565 <a
href="https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-stat
utory-guidance" target="_blank" rel="noopener">
565 DHSC, Care statutory guidance
565 </a>
565 and '
565 <span class="italic">
565 Case studies; where a person lacks capacity to decide where to live
565 </span>
565 '.
565 </p>
566 <h3 id="ceasing_to_maintain">
566 13. Ceasing to Maintain an Education, Health and Care Plan
566 </h3>
567 <p>
567 The local authority may cease to maintain an Education, Health and Care Plan for a child/ young
person only if:
567 </p>
568 <ul>
569 <li>
569 The authority is no longer responsible for the child/ young person; or
569 </li>
570 <li>
570 The authority determines that it is no longer necessary for the plan to be maintained.
570 </li>
571 </ul>
572 <p>
572 'No longer necessary' can include where the child/ young person no longer requires the special
educational provision specified in the Education, Health and Care Plan. When deciding whether a
young person aged 19 or over no longer needs the special educational provision specified in the
Plan, the local authority must take account of whether the education or training outcomes
specified in the Education, Health and Care Plan have been achieved. The local authority must not
cease to maintain the Education, Health and Care Plan simply because the young person is aged 19
or over.
572 </p>
573 <p>
573 The circumstances where a local authority is 'no longer responsible' for the young person include:
573 </p>
574 <ul>
575 <li>
575 A young person aged 16 or over leaves education to take up paid employment (including employment
with training but excluding apprenticeships);
575 </li>
576 <li>
576 The young person enters higher education;
576 </li>
577 <li>
577 A young person aged 18 or over leaves education and no longer wishes to engage in further
learning;
577 </li>
578 <li>
578 The child or young person has moved to another local authority area.
578 </li>
579 </ul>
580 <p>
580 Where a child/ young person of compulsory school or participation age – i.e. under the age of 18 –
is excluded from their education or training setting or leaves voluntarily, the local authority
must not cease their Education, Health and Care Plan, unless it decides that it is no longer
necessary for special educational provision to be made for the child/ young person in accordance
with an Education, Health and Care Plan. The focus of support should be to re-engage the child/
young person in education or training as soon as possible and the local authority must review the
Plan and amend it as appropriate to ensure that the child/ young person continues to receive
education or training.
580 </p>
581 <p>
581 Where a young person aged 18 or over leaves education or training before the end of their course,
the local authority must not cease to maintain the Education, Health and Care Plan unless it has
reviewed the Plan to determine whether the young person wishes to return to education or training,
either at the educational institution specified in the Plan or elsewhere. If the young person does
wish to return to education or training, and the local authority thinks it is appropriate, then
the local authority must amend the Education, Health and Care Plan as necessary and must maintain
the Plan. The local authority should seek to re-engage the young person in education or training
as soon as possible.
581 </p>
582 <p>
582 Where a local authority is considering ceasing to maintain a child/ young person's Education,
Health and Care Plan it must:
582 </p>
583 <ul>
584 <li>
584 Inform the child/ young person/parent that it is considering this and consult with them;
584 </li>
585 <li>
585 Consult the education institution named in the Education, Health and Care Plan.
585 </li>
586 </ul>
587 <p>
587 Where, following the consultation, the local authority decides to cease to maintain the Education,
Health and Care Plan, it must notify the child/ young person/parent, the institution named in the
Education, Health and Care Plan and the responsible CCG of that decision. The local authority must
also notify the child/ young person/parent of their right to appeal that decision and the time
limit for doing so, of the requirement for them to consider mediation should they wish to appeal,
and the availability of information, advice and support, and disagreement resolution services.
587 </p>
588 <p>
588 Support should generally cease at the end of the academic year, to allow young people to complete
their programme of study. In the case of a young person who reaches their 25th birthday before
their course has ended, the Education, Health and Care Plan can be maintained until the end of the
academic year in which they turn 25 (or the day the apprenticeship or course ends, or the day
before their 26th birthday if later). It is important that a child or young person's exit from an
Education, Health and Care Plan is planned carefully, to support smooth transitions and effective
preparation for adulthood.
588 </p>
589 <p>
589 Where a young person aged 18 or over is in receipt of adult services, the local authority should
ensure that adult services are involved in and made aware of the decision to cease the young
person's Education, Health and Care Plan. Where the care part of an Education, Health and Care
Plan is provided by adult services because the person is 18 or over, the Care Plan will remain in
place when the other elements of the Education, Health and Care Plan cease. There will be no
requirement for the young person to be re-assessed at this point, unless there is reason to
re-assess him or her for health and social care because their circumstances have changed.
589 </p>
590 <p>
590 Where the young person/parent disagrees with the decision to cease their Education, Health and
Care Plan, they may appeal to the Tribunal (see
590 <a href="#resolving_dis">
590 Section 15, Resolving Disagreements
590 </a>
590 ). The local authority must continue to maintain the Education, Health and Care Plan until the
time has passed for bringing an appeal or, when an appeal has been registered, until it has been
concluded.
590 </p>
591 <h3 id="young_carers">
591 14. Young Carers and Parent Carers of Disabled Children
591 </h3>
592 <h4>
592 Young Carers
592 </h4>
593 <p>
593 Under the Young Carers (Needs Assessment) Regulations 2015, a local authority must carry out a
young carer's needs assessment in a manner which is appropriate and proportionate to the needs and
circumstances of the young carer to whom it relates.
593 </p>
594 <p>
594 The assessment needs to take into account:
594 </p>
595 <ol style="list-style-type:lower-alpha">
596 <li>
596 The young carer's age, understanding and family circumstances;
596 </li>
597 <li>
597 The wishes, feelings and preferences of the young carer;
597 </li>
598 <li>
598 Any differences of opinion between the young carer, the young carer's parents and the person
cared for, with respect to the care which the young carer provides (or intends to provide); and
598 </li>
599 <li>
599 The outcomes the young carer seeks from the assessment.
599 </li>
600 </ol>
601 <p>
601 Before the assessment starts the local authority must provide the following people with clear
information about the manner and form of the assessment, in order to enable the young person to
participate with it as fully as possible:
601 </p>
602 <ol style="list-style-type:lower-alpha">
603 <li>
603 The young carer;
603 </li>
604 <li>
604 The person cared for;
604 </li>
605 <li>
605 The young carer's parents;
605 </li>
606 <li>
606 Any other person whom the young carer or a parent of the young carer requests should participate
in the assessment.
606 </li>
607 </ol>
608 <p>
608 The assessment must determine the following:
608 </p>
609 <ol style="list-style-type:lower-alpha">
610 <li>
610 The amount, nature and type of care which the young carer provides (or intends to provide);
610 </li>
611 <li>
611 The extent to which this care is (or will be) relied upon by the family, including the wider
family, to maintain the well-being of the person cared for;
611 </li>
612 <li>
612 Members of the extended family or friends, and how they can contribute to any identified
outcomes;
612 </li>
613 <li>
613 Whether the care which the young carer provides (or intends to provide) impacts on the young
carer's well-being, education and development;
613 </li>
614 <li>
614 Whether any of the tasks which the young carer is performing (or intends to perform) when
providing care are excessive or inappropriate for the young carer to perform having regard to
all the circumstances, and in particular the carer's age, sex, wishes and feelings;
614 </li>
615 <li>
615 Whether any of the young carer's needs for support could be prevented by providing services to:
616 <ol style="list-style-type:lower-roman">
617 <li>
617 The person cared for; or
617 </li>
618 <li>
618 Another member of the young carer's family;
618 </li>
619 </ol>
620 </li>
621 <li>
621 What the young carer's needs for support would be likely to be if the carer were relieved of
part or all of the tasks the young carer performs (or intends to perform) when providing care;
621 </li>
622 <li>
622 Whether any other assessment of the needs for support of the young carer or the person cared for
has been carried out;
622 </li>
623 <li>
623 Whether the young carer is a child in need;
623 </li>
624 <li>
624 Any actions to be taken as a result of the assessment;
624 </li>
625 <li>
625 The arrangements for a future review.
625 </li>
626 </ol>
627 <p>
627 Furthermore, the local authority must consider the impact of the needs of the young carer's family
on the well-being of the young carer and any child in that family and, in particular, on their
education and personal and emotional development.
627 </p>
628 <p>
628 The local authority must both take into account the outcome of any other assessment already
undertaken in regard to the young carer, the person cared for or a member of the young carer's
family, as well as combine a young carer's assessment with any other assessment being undertaken.
628 </p>
629 <h4>
629 Parent Carers
629 </h4>
630 <p>
630 Parent Carers have rights to stand-alone assessments under the Children and Families Act 2014.
630 </p>
631 <p>
631 Section 97 of the Children and Families Act 2014 requires local authorities to assess parent
carers on the appearance of need or where an assessment is requested by the parent.
631 </p>
632 <p>
632 This is called a “parent carers needs assessment”.
632 </p>
633 <p>
633 Where requested, then the local authority must assess whether that parent has needs for support
and, if so, what those needs are. The assessment must include an assessment of whether it is
appropriate for the parent to provide, or continue to provide, care for the disabled child, in the
light of the parent's needs for support, other needs and wishes.
633 </p>
634 <p>
634 The assessment must also have regard to:
634 </p>
635 <ul>
636 <li>
636 The well-being of the parent carer; and
636 </li>
637 <li>
637 The need to safeguard and promote the welfare of the child and any other child for whom the
parent carer has parental responsibility.
637 </li>
638 </ul>
639 <p>
639 Following assessment, the local authority must then decide;
639 </p>
640 <ul>
641 <li>
641 Whether the parent has needs for support;
641 </li>
642 <li>
642 Whether the child has needs for support;
642 </li>
643 <li>
643 And if so whether those needs could be met (wholly or partly) by services under Children Act
1989, s17.
643 </li>
644 </ul>
645 <p>
645 Services to be provided for parent carers of disabled children can be included in Section H1 of
the EHC plan, if the child has one.
645 </p>
646 <p>
646 As part of transition planning, the needs of carers should also be assessed or reviewed to explore
the impact of changing circumstances on the carer.
646 </p>
647 <p>
647 Section 10 of the Care Act 2014 introduces key changes to the existing rights of carers for young
people over 18 (i.e. those at the older end of the transitions process) to assessments. Carers no
longer have to request an assessment to obtain one and they must be completed by the local
authority on appearance of need.
647 </p>
648 <p>
648 The carer no longer has to establish that they are providing substantial care on a regular basis
to qualify.
648 </p>
649 <p>
649 Instead, the only requirement is that the carer 'may have needs for support – whether currently or
in the future'.
649 </p>
650 <p>
650 The assessment must consider:
650 </p>
651 <ul>
652 <li>
652 Whether the carer is able/willing to provide and continue to provide the care;
652 </li>
653 <li>
653 The impact on the carer's 'well-being' of their caring role;
653 </li>
654 <li>
654 The outcomes the carer wishes in day-to-day life;
654 </li>
655 <li>
655 Whether the carer works or wishes to work (and/or) to participate in education, training or
recreation.
655 </li>
656 </ul>
657 <p>
657 Local authorities must also consider whether the carer would benefit from preventative services,
information and advice. There will be a national eligibility threshold to determine following the
assessment whether the carer has eligible needs. Where a carer is assessed as having an eligible
need, the local authority has a legal duty to meet those needs.
657 </p>
658 <h3 id="resolving_dis">
658 15. Resolving Disagreements
658 </h3>
659 <p>
659 The following must be available for resolution of disputes:
659 </p>
660 <ul>
661 <li>
661 Local authorities
661 <span class="bold">
661 must
661 </span>
661 make available independent arrangements for:
662 <ul>
663 <li>
663 Disagreement resolution arrangements for disagreements across special educational provision,
and health and care provision in relation to Education, Health and Care (EHC) plans;
663 </li>
664 <li>
664 Independent mediation arrangements which parents and young people can use before deciding
whether to appeal to the First-tier Tribunal (Special Educational Needs (SEN) and
Disability) ('the Tribunal') and for health and social care complaints in relation to EHC
plans.
664 </li>
665 </ul>
666 </li>
667 <li>
667 The
667 <a href="p_reps_complaints.html">
667 Children's Social Care Statutory Complaints Procedure
667 </a>
667 ;
667 </li>
668 <li>
668 Appealing to the First-tier Tribunal (Special Educational Needs (SEN) and Disability) ('the
Tribunal') (see the
668 <a
href="https://courttribunalfinder.service.gov.uk/courts/first-tier-tribunal-special-educational-
needs-and-disability" target="_blank" rel="noopener">
668 GOV.UK website
668 </a>
668 ) or making disability discrimination claims.
668 </li>
669 </ul>
670 <p>
670 Services for the provision of Dispute Resolution Arrangements and Mediation Arrangements, whilst
commissioned by it, must be independent of the local authority – no-one who is directly employed
by the local authority can provide the services.
670 </p>
671 <p>
671 <span class="bold">
671 Disagreement resolution arrangements
671 </span>
671 apply more widely. They cover all children and young people with SEN (not just those who are being
assessed for or have an Education, Health and Care Plan), and a range of disagreements, including
any aspect of SEN provision, health and social care provision, disagreements during the processes
related to Education, Health and Care Needs Assessments and Education, Health and Care Plans, and
disagreements between health commissioners and local authorities. Disagreement resolution services
are voluntary and can be used at any time, if both parties agree, including while an Education,
Health and Care Needs Assessment is being conducted, while the Education, Health and Care Plan is
being drawn up, after the Plan is finalised or while an appeal is going through the Tribunal
process.
671 </p>
672 <p>
672 <span class="bold">
672 Mediation arrangements
672 </span>
672 apply specifically to parents and children/young people who are considering appealing to the
Tribunal in relation to Education, Health and Care Needs Assessments and Education, Health and
Care Plans, e.g. following a decision not to carry out an Education, Health and Care Needs
Assessment, not to draw up an Education, Health and Care Plan, after a final or amended Education,
Health and Care Plan is drawn up, following a decision not to amend an Education, Health and Care
Plan, or a decision to cease to maintain an Education, Health and Care Plan. Parents and
children/young people must contact a mediation adviser before registering an appeal with the
Tribunal.
672 </p>
673 <p>
673 When the local authority sends the parent or child/young person notice of a decision which can be
appealed to the Tribunal it must advise them of their right to go to mediation and that they must
contact a mediation adviser before registering an appeal with the Tribunal. The notice must give
the contact details of a mediation adviser, contain the timescales for requesting mediation and
the contact details of any person acting on behalf of the local authority whom the parent or
child/ young person should contact if they wise to pursue mediation. The notice should also make
clear that parents' and child/ young people's right to appeal is not affected by entering into
mediation.
673 </p>
674 <p>
674 If the parent or child/ young person decides to proceed with mediation then the local authority
must ensure that a mediation session takes place within 30 days of the mediation adviser informing
the local authority that the parent or child/ young person wants to go to mediation, although it
may delegate the arrangement of the session to the mediator. Parents or children/young people do
not have to pay for the mediation session(s). The local authority must attend the mediation.
674 </p>
675 <h4>
675 Registering an appeal with the First-tier Tribunal (Special Educational Needs (SEN) and Disability
675 </h4>
676 <p>
676 Children/young people/parents have two months to register an appeal with the Tribunal (see
676 <a href="https://www.gov.uk/special-educational-needs-disability-tribunal" target="_blank"
rel="noopener">
676 Special Educational Needs and Disability Tribunal, GOV.UK website
676 </a>
676 ), from the date of the notice containing a decision which can be appealed or one month from the
date of a certificate which has been issued following mediation or the parent or child/ young
person being given mediation information, whichever is the later. Where it is fair and just to do
so the Tribunal can accept appeals outside the two month time limit.
676 </p>
677 <p>
677 Parents and children/ young people can appeal to the Tribunal about:
677 </p>
678 <ul>
679 <li>
679 A decision by the local authority not to carry out an Education, Health and Care Needs
Assessment or re-assessment (where the local authority has not carried out an assessment in the
previous six months);
679 </li>
680 <li>
680 A decision by a local authority that it is not necessary to issue an Education, Health and Care
Plan following an assessment;
680 </li>
681 <li>
681 The description of a child or young person's SEN specified in an Education, Health and Care
Plan, the special educational provision specified, the school or other institution or type of
school or other institution (such as a mainstream school/college) specified in the plan or that
no school or other institution is specified;
681 </li>
682 <li>
682 An amendment to these elements of the Education, Health and Care Plan;
682 </li>
683 <li>
683 A decision by a local authority not to amend an Education, Health and Care Plan following a
review or re-assessment;
683 </li>
684 <li>
684 A decision by a local authority to cease to maintain an Education, Health and Care Plan (the
local authority has to maintain the plan until the Tribunal's decision is made).
684 </li>
685 </ul>
686 <p>
686 The Tribunal can dismiss the appeal, order the local authority to carry out an assessment, or to
make and maintain an Education, Health and Care Plan, or to maintain a Plan with amendments. The
Tribunal can also order the local authority to reconsider or correct a weakness in the plan, for
example, where necessary information is missing.
686 </p>
687 <h3 id="further">
687 16. Further Information and Statutory Guidance
687 </h3>
688 <p>
688 <a
href="https://www.gov.uk/government/publications/send-19-to-25-year-olds-entitlement-to-ehc-plans
" target="_blank" rel="noopener">
688 SEND: 19 to 25 year olds' entitlement to EHC plans
688 </a>
688 </p>
689 <p>
689 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_o
f_Practice_January_2015.pdf" target="_blank" rel="noopener">
689 Special Educational Needs and Disability Code of Practice: 0 - 25 years Statutory Guidance for
Organisations who work with Children and Young People with Special Educational Needs and
Disabilities (revised January 2015)
689 </a>
689 - This statutory code contains: details of legal requirements that you must follow without
exception and the statutory guidance that you must follow by law unless there's a good reason not
to.
689 </p>
690 <p>
690 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502913/Health_Prof
essional_Guide_to_the_Send_Code_of_Practice.pdf" target="_blank" rel="noopener">
690 0 to 25 SEND code of practice: a guide for health professionals – Advice for clinical
commissioning groups, health professionals and local authorities
690 </a>
690
690 </p>
691 <p>
691 <a
href="https://www.gov.uk/government/publications/send-guide-for-health-professionals/send-resource
s-for-healthcare-professionals" target="_blank" rel="noopener">
691 DfE/DHSC Send Resources
691 </a>
691 - a range of resources to support the work on special educational needs and disability (SEND).
691 </p>
692 <p>
692 <a href="https://www.gov.uk/guidance/care-and-support-statutory-guidance" target="_blank"
rel="noopener">
692 Care and Support Statutory Guidance (GOV.UK) (July 2016)
692 </a>
692 , Statutory guidance to support local authorities implement the Care Act 2014.
692 </p>
693 <p>
693 <a
href="https://www.gov.uk/government/publications/children-and-young-peoples-continuing-care-nation
al-framework" target="_blank" rel="noopener">
693 Children and Young People's Continuing Care National Framework (DHSC, 2016)
693 </a>
693 - The process for assessing, deciding and agreeing continuing care for children with complex
health needs.
693 </p>
694 <p>
694 <a href="http://www.legislation.gov.uk/uksi/2015/527/pdfs/uksi_20150527_en.pdf" target="_blank"
rel="noopener">
694 The Young Carers (Needs Assessment) Regulations (DOE, March 2015)
694 </a>
694 </p>
695 <p>
695 <a href="https://professionals.carers.org/young-carer-assessment-tools" target="_blank"
rel="noopener">
695 Carers Trust
695 </a>
695 - resources and information on young carers (including assessment tools).
695 </p>
696 </div>
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