Page reportSummary
Page Layout
Display issue details:
The line numbers refer to lines in the original source. Any with a line number of '0' are implicit tags added by Total Validator:
1 <!DOCTYPE html>
2 <html lang="en">
3 <head>
6 <script async src="https://www.googletagmanager.com/gtag/js?id=UA-120055720-38">
6 </script>
7 <script>
13 </script>
16 <meta charset="utf-8">
18 <title>
18 Children and Young People Aged 0-25 with Special Educational Needs and Disabilities
18 </title>
20 <meta name="viewport" content="width=device-width, initial-scale=1.0">
21 <link href="css/bootstrap.min.css" rel="stylesheet" type="text/css">
22 <link href="https://fonts.googleapis.com/css?family=Lato:400,700" rel="stylesheet">
23 <link rel="stylesheet" type="text/css" href="css/jquery-ui.css">
24 <link href="css/jquery.tocify.css" rel="stylesheet">
25 <link rel="stylesheet" type="text/css" href="css/formatting-styles.css">
26 <link href="css/print.css" rel="stylesheet" media="print">
41 <link rel='shortcut icon'
href='https://www.proceduresonline.com/resources/logos/procedures/favicon.ico' type='image/x-icon'/>
42 <link rel="apple-touch-icon"
href="https://www.proceduresonline.com/resources/logos/procedures/apple-touch-icon-57x57-precomposed.png
" />
43 <link rel="apple-touch-icon" sizes="72x72"
href="https://www.proceduresonline.com/resources/logos/procedures/apple-touch-icon-72x72-precomposed.png
" />
44 <link rel="apple-touch-icon" sizes="114x114"
href="https://www.proceduresonline.com/resources/logos/procedures/apple-touch-icon-114x114-precomposed.png
" />
48 <link rel="stylesheet" type="text/css" href="css/procedures.css">
49 <link rel="stylesheet" type="text/css" href="css/classic-theme.css">
50 <link rel="stylesheet" type="text/css" href="css/authority.css">
51 <link rel="stylesheet" type="text/css" href="js/cookie-code/jquery.cookiebar.css">
52 <link rel="stylesheet" type="text/css" href="css/hover-box.css">
53 <link rel="stylesheet" type="text/css" href="css/mobile.css">
56 <link rel="stylesheet" id="switcher-css" type="text/css" href="css/switcher.css" media="all" />
57 <link rel="alternate stylesheet" type="text/css" href="css/dark.css" title="dark" media="all" />
58 <link rel="alternate stylesheet" type="text/css" href="css/light.css" title="light" media="all" />
59 <link rel="alternate stylesheet" type="text/css" href="css/normal.css" title="normal" media="all" />
63 </head>
64 <body onload="highlight();">
65 <a class="skip-main" href="#main">
65 Skip to main content
65 </a>
67 <div id="eantics">
67 </div>
68 <div class="print">
73 <div class="navbar navbar-fixed-top" role="navigation">
74 <div class="row banner">
75 <div id="banner">
76 <div class="container banner">
77 <div class="col-sm-4">
78 <div class="outer_logo">
78 <a href="index.html">
78 <img class="banner_logo" src="images/logo/client_logo.png" width="261" height="86"
alt="Warrington logo">
78 </a>
78 </div>
79 </div>
80 <div class="col-sm-6">
81 <div class="outer">
82 <div class="inner">
83 <header>
83 Warrington Children's Services Procedures Manual
83 </header>
84 </div>
85 </div>
86 </div>
87 </div>
89 </div>
91 </div>
92 <div class="container">
93 <div class="navbar-header">
94 <button type="button" class="navbar-toggle" data-toggle="collapse"
data-target=".navbar-collapse">
94 <span class="sr-only">
94 Toggle navigation
94 </span>
94 <span class="icon-bar">
94 </span>
94 <span class="icon-bar">
94 </span>
94 <span class="icon-bar">
94 </span>
94 </button>
95 </div>
96 <div class="collapse navbar-collapse">
100 <ul class="nav navbar-nav">
101 <li>
101 <a href="index.html">
101 Home
101 </a>
101 </li>
102 <li>
102 <a href="contents.html">
102 Policies and Procedures
102 </a>
102 </li>
103 <li class="dropdown">
103 <a class="dropdown-toggle" data-toggle="dropdown" href="#">
103 Resources
103 <span class="caret">
103 </span>
103 </a>
104 <ul class="dropdown-menu">
105 <li>
105 <a href="local_resources.html">
105 Additional Local Resources
105 </a>
105 </li>
106 <li>
106 <a href="http://trixresources.proceduresonline.com/nat_key/index.htm" target="_blank"
rel="noopener">
106 Glossary
106 </a>
106 </li>
107 <li>
107 <a href="http://trixresources.proceduresonline.com/nat_cont/index.htm"target="_blank"
rel="noopener">
107 National Contacts
107 </a>
107 </li>
108 <li>
108 <a href="http://www.minimumstandards.org/regulations.html" target="_blank"
rel="noopener">
108 Regulatory Framework
108 </a>
108 </li>
109 <li>
109 <a href="http://www.keepingchildrensafeineducation.co.uk/" target="_blank"
rel="noopener">
109 KCSIE
109 </a>
109 </li>
110 </ul>
111 </li>
112 <li>
112 <a href="using_this_manual.html">
112 Using this Manual
112 </a>
112 </li>
113 <li>
113 <a href="https://www.proceduresonline.com/pancheshire/warrington/index.html"
target="_blank" rel="noopener">
113 Safeguarding Partnership Procedures
113 </a>
113 </li>
114 </ul>
115 <ul class="nav navbar-nav navbar-right">
115 <li class="dropdown">
115 <a class="dropdown-toggle" data-toggle="dropdown" href="#">
115 Accessibility
115 <span class="caret">
115 </span>
115 </a>
115 <ul class="dropdown-menu">
115 <li>
115 <a href="#Larger" rel="light" class="styleswitch">
115 <span id="Larger">
115 Larger Text
115 </span>
115 </a>
115 </li>
115 <li class="divider">
115 </li>
115 <li>
115 <a href="#High" rel="dark" class="styleswitch">
115 <span id="High">
115 High Visibility
115 </span>
115 </a>
115 </li>
115 <li class="divider">
115 </li>
115 <li>
115 <a href="#Default" rel="normal" class="styleswitch">
115 <span id="Default">
115 Default Text
115 </span>
115 </a>
115 </li>
115 </ul>
115 </li>
115 <li>
115 <a href="zoom/search.php" class="btn btn-1 btn-1a">
115 SEARCH
115 </a>
115 </li>
115 </ul>
117 </div>
119 </div>
120 </div>
125 <div class="container" id="main">
126 <div class="col-sm-4">
127 <div id="toc">
127 </div>
129 </div>
132 <div class="col-sm-8 main_content">
133 <div class="panel panel-default">
134 <div class="share">
134 <span>
134 <a href="#Email" class="st_email glyphicon glyphicon-envelope" style="margin-right:1px;">
134 <span id="Email" class="hidden_share">
134 Email
134 </span>
134 </a>
134 </span>
134 <span>
134 <a href="#Print" id="PrintBtn" class="glyphicon glyphicon-print">
134 <span id="Print" class="hidden_share">
134 Print
134 </span>
134 </a>
134 </span>
134 </div>
135 <div class="panel-body">
136 <h1>
136 Children and Young People Aged 0-25 with Special Educational Needs and Disabilities
136 </h1>
141 <div class="well">
142 <p class="bold">
142 SCOPE OF THIS CHAPTER
143 </p>
144 <p>
144 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.
144 </p>
145 <p class="bold">
145 RELATED GUIDANCE
145 </p>
146 <p>
146 For children who are Looked After or Previously Looked After and have SEN please refer to
146 <a
href="https://www.gov.uk/government/publications/designated-teacher-for-looked-after-childre
n" target="_blank" rel="noopener">
146 The Designated Teacher for Looked After and Previously Looked After Children
146 </a>
146 </p>
147 <p class="bold">
147 RELATED CHAPTER
147 </p>
148 <p>
148 <a href="p_plac_vis_ch_sen.html">
148 Placing and Visiting Children with Special Educational Needs and Disabilities or Health
Conditions in Long-Term Residential Settings Procedure
148 </a>
148 </p>
149 <p class="bold">
149 AMENDMENT
149 </p>
150 In February 2020, a note was added into
150 <a href="#principles">
150 Section 1, Principles
150 </a>
150 to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in
ensuring schools for pupils with SEND are registered with the DfE.
150 </div>
157 <div class="section">
157 <h2 id="principles">
157 1. Principles
157 </h2>
158 <p>
158 The Children and Families Act 2014 took forward the reform programme set out in
158 <a
href="https://www.gov.uk/government/publications/support-and-aspiration-a-new-approach-to-sp
ecial-educational-needs-and-disability-consultation" target="_blank" rel="noopener">
158 Support and Aspiration: A New Approach to Special Educational Needs And Disability:
Progress And Next Steps
158 </a>
158 by:
158 </p>
159 <ul>
160 <li>
160 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;
160 </li>
161 <li>
161 Replacing statements of special educational needs and learning difficulty assessments with
birth-to-25 Education, Health and Care Plans;
161 </li>
162 <li>
162 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;
162 </li>
163 <li>
163 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;
163 </li>
164 <li>
164 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;
164 </li>
165 <li>
165 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;
165 </li>
166 <li>
166 Giving Parent Carers the right to a stand-alone assessment.
166 </li>
167 </ul>
168 <p>
168 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.
168 </p>
169 <p>
169 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.
169 </p>
170 <p>
170 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.
170 </p>
171 <p>
171 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.
171 </p>
172 </div>
173 <div class="section1">
173 </div>
179 <div class="section">
179 <h2 id="duty_to_provide">
179 2. Duty to Provide Information, Advice and Support
179 </h2>
180 <p>
180 Both the Children and Families Act 2014 and the Care Act 2014 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.
180 </p>
181 <p>
181 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.
181 </p>
182 <p>
182 Advocacy services must be available to young people going through the transition phase.
182 </p>
183 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).
184 <p>
184 Children and young people should be involved in the design or commissioning of services
providing information, advice and support.
184 </p>
185 </div>
186 <div class="section1">
186 </div>
192 <div class="section">
192 <h2 id="local_offer">
192 3. Local Offer
192 </h2>
193 <p>
193 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.
193 </p>
194 <p>
194 The local authority must involve children and young people in developing and reviewing the
Local Offer.
194 </p>
195 <p>
195 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.
195 </p>
196 <p>
196 For more information, see:
196 <a
href="https://www.mylifewarrington.co.uk/kb5/warrington/directory/localoffer.page?localoffer
channel=0" target="_blank" rel="noopener">
196 Warrington's Local Offer
196 </a>
196 .
196 </p>
197 </div>
198 <div class="section1">
198 </div>
204 <div class="section">
204 <h2 id="education">
204 4. Education, Health and Care Needs Assessment
204 </h2>
205 <h3>
205 4.1 Requesting an Education, Health and Care Needs Assessment
205 </h3>
206 <p>
206 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.
206 </p>
207 <p>
207 The following have a specific right to ask a local authority to conduct an Education, Health
and Care Needs Assessment:
207 </p>
208 <ul>
209 <li>
209 A child's parent;
209 </li>
210 <li>
210 A young person over the age of 16 but under the age of 25; and
210 </li>
211 <li>
211 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).
211 </li>
212 </ul>
213 <p>
213 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.
213 </p>
214 <p>
214 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 6 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.
214 </p>
215 <p>
215 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:
215 </p>
216 <ul>
217 <li>
217 The young person/parent (and must inform them of their right to express written or oral
views and submit evidence);
217 </li>
218 <li>
218 The health service (the relevant Clinical Commissioning Group (CCG) or NHS England where
it has responsibility for a child or young person);
218 </li>
219 <li>
219 Local authority officers responsible for social care for young people with SEN;
219 </li>
220 <li>
220 Where the child or young person attends an education establishment, the principal (or
equivalent).
220 </li>
221 </ul>
222 <p>
222 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, they have not made expected progress.
222 </p>
223 <p>
223 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
223 <a href="#resolving_dis">
223 Section 15, Resolving Disagreements
223 </a>
223 ). 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.
223 </p>
224 <h3>
224 4.2 Undertaking an Education, Health and Care Needs Assessment
224 </h3>
225 <p>
225 Local authorities must consult the child/young person/parent throughout the process of
assessment and production of an Education, Health and Care Plan.
225 </p>
226 <p>
226 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.
226 </p>
227 <p>
227 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.
227 </p>
228 <p>
228 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.
228 </p>
229 <h3>
229 4.3 New Requests for Education, Health and Care Needs Assessments for 19- to 25-year-olds
229 </h3>
230 <p>
230 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 6 months).
230 </p>
231 <p>
231 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 their education or training.
231 </p>
232 </div>
233 <div class="section1">
233 </div>
239 <div class="section">
239 <h2 id="ed_health_care_plans">
239 5. Education, Health and Care Plans
239 </h2>
240 <p>
240 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.
240 </p>
241 <p>
241 As a statutory minimum, Education, Health and Care Plans must include the following
sections:
241 </p>
242 <ul>
243 <li>
243 <span class="bold">
243 Section A
243 </span>
243 : The views, interests and aspirations of the child/young person;
243 </li>
244 <li>
244 <span class="bold">
244 Section B
244 </span>
244 : The child/young person's Special Educational Needs (SEN);
244 </li>
245 <li>
245 <span class="bold">
245 Section C
245 </span>
245 : The child/young person's health needs which are related to their SEN;
245 </li>
246 <li>
246 <span class="bold">
246 Section D
246 </span>
246 : The child/young person's social care needs which are related to their SEN or to a
disability;
246 </li>
247 <li>
247 <span class="bold">
247 Section E
247 </span>
247 : 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;
247 </li>
248 <li>
248 <span class="bold">
248 Section F
248 </span>
248 : The special educational provision required by the child/young person;
248 </li>
249 <li>
249 <span class="bold">
249 Section G
249 </span>
249 : 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;
249 </li>
250 <li>
250 <span class="bold">
250 Section H1
250 </span>
250 : 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;
250 </li>
251 <li>
251 <span class="bold">
251 Section H2
251 </span>
251 : 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);
251 </li>
252 <li>
252 <span class="bold">
252 Section I
252 </span>
252 : The name and type of the education institution to be attended by the child/young person;
252 </li>
253 <li>
253 <span class="bold">
253 Section J
253 </span>
253 : 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;
253 </li>
254 <li>
254 <span class="bold">
254 Section K
254 </span>
254 : The advice and information gathered during the Education, Health and Care Needs
Assessment must be attached.
254 </li>
255 </ul>
256 <p>
256 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.
256 </p>
257 <p>
257 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:
257 </p>
258 <ul>
259 <li>
259 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;
259 </li>
260 <li>
260 Advise them where they can find information about the education institutions that are
available, for example through the Local Offer; and
260 </li>
261 <li>
261 Should seek agreement of any Personal Budget specified in the draft.
261 </li>
262 </ul>
263 <p>
263 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.
263 </p>
264 <p>
264 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
264 <a href="#resolving_dis">
264 Section 15, Resolving Disagreements
264 </a>
264 .
264 </p>
265 <p>
265 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).
265 </p>
266 </div>
267 <div class="section1">
267 </div>
273 <div class="section">
273 <h2 id="timescales">
273 6. Timescales for Education, Health and Care Needs Assessments and Preparation of an
Education, Health and Care Plan
273 </h2>
274 <ul>
275 <li>
275 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;
275 </li>
276 <li>
276 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;
276 </li>
277 <li>
277 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;
277 </li>
278 <li>
278 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;
278 </li>
279 <li>
279 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.
279 </li>
280 </ul>
281 <p>
281 Exemptions apply where:
281 </p>
282 <ul>
283 <li>
283 Appointments with people from whom the local authority has requested information are
missed by the child/young person;
283 </li>
284 <li>
284 The child/young person is absent from the area for a period of at least 4 weeks;
284 </li>
285 <li>
285 Exceptional personal circumstances affect the child/young person; and
285 </li>
286 <li>
286 The educational institution is closed for at least 4 weeks, which may delay the submission
of information from the school or other institution.
286 </li>
287 </ul>
288 <p>
288 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.
288 </p>
289 </div>
290 <div class="section1">
290 </div>
296 <div class="section">
296 <h2 id="personal_budgets">
296 7. Personal Budgets
296 </h2>
297 <p>
297 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.
297 </p>
298 <p>
298 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.
298 </p>
299 <p>
299 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.
299 </p>
300 <p>
300 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
300 <a href="#resolving_dis">
300 Section 15, Resolving Disagreements
300 </a>
300 .
300 </p>
301 <p>
301 The mechanisms of control for funding available to parents and young people include:
301 </p>
302 <ul>
303 <li>
303 Direct Payments – where individuals receive the cash to contract, purchase and manage
services themselves;
303 </li>
304 <li>
304 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);
304 </li>
305 <li>
305 Third party arrangements – where funds (direct payments) are paid to and managed by an
individual or organisation on behalf of the young person;
305 </li>
306 <li>
306 A combination of the above.
306 </li>
307 </ul>
308 </div>
309 <div class="section1">
309 </div>
315 <div class="section">
315 <h2 id="transfer">
315 8. Transfer of Education, Health and Care Plans
315 </h2>
316 <p>
316 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.
316 </p>
317 <p>
317 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.
317 </p>
318 <p>
318 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 6 weeks of the date of transfer,
when they will review the plan and whether they propose to make a needs assessment.
318 </p>
319 <p>
319 The new authority must review the plan before one of the following deadlines, whichever is
the later:
319 </p>
320 <ul>
321 <li>
321 Within 12 months of the plan being made or being previously reviewed by the old authority;
or
321 </li>
322 <li>
322 Within 3 months of the plan being transferred.
322 </li>
323 </ul>
324 <p>
324 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.
324 </p>
325 </div>
326 <div class="section1">
326 </div>
332 <div class="section">
332 <h2 id="reviewing">
332 9. Reviewing Education, Health and Care Plans
332 </h2>
333 <p>
333 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 4 weeks of the review
meeting.
333 </p>
334 <p>
334 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.
334 </p>
335 <p>
335 Reviews should also:
335 </p>
336 <ul>
337 <li>
337 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;
337 </li>
338 <li>
338 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;
338 </li>
339 <li>
339 Review the health and social care provision made for the child/ young person and its
effectiveness in ensuring good progress towards outcomes;
339 </li>
340 <li>
340 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;
340 </li>
341 <li>
341 Set new interim targets for the coming year and where appropriate, agree new outcomes;
341 </li>
342 <li>
342 Review any interim targets set by the education provider;
342 </li>
343 <li>
343 Review any existing Personal Budget arrangements including the statutory requirement to
review any arrangements for Direct Payments;
343 </li>
344 <li>
344 Review any transition plan that is in place.
344 </li>
345 </ul>
346 <p>
346 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.
346 </p>
347 <p>
347 Professionals across education, health and care must co-operate with local authorities
during reviews.
347 </p>
348 <p>
348 For Children in Care 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.
348 </p>
349 <p>
349 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.
349 </p>
350 <p>
350 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.
350 </p>
351 </div>
352 <div class="section1">
352 </div>
358 <div class="section">
358 <h2 id="inter_rel">
358 10. Inter-relationship with Other Plans
358 </h2>
359 <h3>
359 10.1 Adult Services Statutory Care and Support Plans
359 </h3>
360 <p>
360 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 their carer would benefit from an assessment.
360 </p>
361 <p>
361 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.
361 </p>
362 <p>
362 If the local authority deems that an assessment is not required, then this must be put in
writing to the service user, and information about local advice services provided.
362 </p>
363 <p>
363 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.
363 </p>
364 <p>
364 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.
364 </p>
365 <p>
365 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.
365 </p>
366 Further details are outlined in
366 <a href="#transitions">
366 Section 11, Transitions from Children's to Adults' Services
366 </a>
366 .
367 <h3>
367 10.2 Care Plans for Children in Care
367 </h3>
368 <p>
368 Where a Child in Care 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 their Care Plan and adds to, but does not duplicate,
information about how education, health and care needs will be met.
368 </p>
369 <p>
369 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.
369 </p>
370 <p>
370 It is the 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 taking these decisions should
be delegated to the carer who will advocate for the child and make appeals to the First-tier
Tribunal (SEN and Disability) as necessary.
370 </p>
371 <p>
371 For Previously Children in Care, the SEN assessment should be aware of, and take into
account, any factors relating to the child's previous looked after status that are relevant.
The child's carer with parental responsibility will ultimately make any educational decision
on the child's behalf but should be offered support and guidance from the VSH who might also
advocate on the child's behalf where necessary.
371 </p>
372 <p>
372 Once placed in a school the child's progress will be monitored and promoted by the
Designated Teacher who will need to be aware of the child's legal status, contact
arrangements and the child's Care Plan including the level of authority delegated to the
named carer.
372 </p>
373 <p>
373 The Designated Teacher has a wide range of responsibilities, including:
373 </p>
374 <ul>
375 <li>
375 The development and implementation of the child's PEP and ensuring all other staff in the
school are aware of the plan and are working to it;
375 </li>
376 <li>
376 Safeguarding;
376 </li>
377 <li>
377 Ensuring children who are entitled to Premium Pupil Funding are attracting it and that it
is being used to support and benefit Children in Care and Previously Looked After Children
as intended and this is reflected in the PEP;
377 </li>
378 <li>
378 Advising and supporting teachers and other school staff in whole school approaches that
enable Children in Care and Previously Looked After Children to thrive and achieve;
378 </li>
379 <li>
379 Promoting positive home and school links;
379 </li>
380 <li>
380 Monitoring the children's progress against their peers.
380 </li>
381 </ul>
382 <p>
382 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.
382 </p>
383 <h3>
383 10.3 Children in Need
383 </h3>
384 <p>
384 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.
384 </p>
385 <p>
385 Education, Health and Care Plan reviews should be synchronised with social Care Plan
reviews, and must always meet the needs of the individual child.
385 </p>
386 </div>
387 <div class="section1">
387 </div>
393 <div class="section">
393 <h2 id="transitions">
393 11. Transitions from Children's to Adults' Services
393 </h2>
394 <p>
394 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.
394 </p>
395 <p>
395 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.
395 </p>
396 <p>
396 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.
396 </p>
397 Under the Care Act 2014 all young people going through the transition process are entitled to
independent advocacy.
398 <p>
398 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.
398 </p>
399 <p>
399 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.
399 </p>
400 <p>
400 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.
400 </p>
401 <p>
401 Transitions Assessments for adult care or support
401 <span class="bold">
401 must
401 </span>
401 consider:
401 </p>
402 <ul>
403 <li>
403 Current needs for care and support;
403 </li>
404 <li>
404 Whether the young person is likely to have needs for care and support after they turn 18;
and
404 </li>
405 <li>
405 What are their desired outcomes?
405 </li>
406 <li>
406 If so, what those needs are likely to be and which are likely to be eligible needs.
406 </li>
407 </ul>
408 <p>
408 Transitions Assessments can be combined with other assessments, or where other agencies are
involved and doing their own assessment, they can be undertaken jointly.
408 </p>
409 <p>
409 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.
409 </p>
410 <p>
410 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.
410 </p>
411 <p>
411 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.
411 </p>
412 <p>
412 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.
412 </p>
413 </div>
414 <div class="section1">
414 </div>
420 <div class="section">
420 <h2 id="funding">
420 12. Funding Issues - Ordinary Residence
420 </h2>
421 <p>
421 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.
421 </p>
422 <p>
422 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 Children in Care transitioning to adult
social care and other accommodation.
422 </p>
423 <p>
423 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.
423 </p>
424 <p>
424 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.
424 </p>
425 <p>
425 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'.
425 </p>
426 <p>
426 The Shah test is the means by which consistent and lawful decisions about ordinary residence
are made - see
426 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252864/OR_Gu
idance_2013-10-01_Revised__with_new_contact_details_New_DH_template.pdf" target="_blank"
rel="noopener">
426 Ordinary Residence: Guidance on the identification of the ordinary residence of people in
need of community care services, England
426 </a>
426 .
426 </p>
427 <p>
427 There are 4 steps to the Shah test. However, if a person is deemed to lack capacity the
first step does not apply:
427 </p>
428 <ul>
429 <li>
429 Is the person voluntarily living in the area;
429 </li>
430 <li>
430 The person's connection with the area, (viz. family, friends, work, education and
professional support networks);
430 </li>
431 <li>
431 The duration of their residence there;
431 </li>
432 <li>
432 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.
432 </li>
433 </ul>
434 See
434 <a
href="https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-
statutory-guidance" target="_blank" rel="noopener">
434 DHSC, Care and Support Statutory Guidance
434 </a>
434 .
434 </div>
435 <div class="section1">
435 </div>
441 <div class="section">
441 <h2 id="ceasing_to_maintain">
441 13. Ceasing to Maintain an Education, Health and Care Plan
441 </h2>
442 <p>
442 The local authority may cease to maintain an Education, Health and Care Plan for a child/
young person only if:
442 </p>
443 <ul>
444 <li>
444 The authority is no longer responsible for the child/ young person; or
444 </li>
445 <li>
445 The authority determines that it is no longer necessary for the plan to be maintained.
445 </li>
446 </ul>
447 <p>
447 '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.
447 </p>
448 <p>
448 The circumstances where a local authority is 'no longer responsible' for the young person
include:
448 </p>
449 <ul>
450 <li>
450 A young person aged 16 or over leaves education to take up paid employment (including
employment with training but excluding apprenticeships);
450 </li>
451 <li>
451 The young person enters higher education;
451 </li>
452 <li>
452 A young person aged 18 or over leaves education and no longer wishes to engage in further
learning;
452 </li>
453 <li>
453 The child or young person has moved to another local authority area.
453 </li>
454 </ul>
455 <p>
455 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.
455 </p>
456 <p>
456 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.
456 </p>
457 <p>
457 Where a local authority is considering ceasing to maintain a child/ young person's
Education, Health and Care Plan it must:
457 </p>
458 <ul>
459 <li>
459 Inform the child/ young person/parent that it is considering this and consult with them;
459 </li>
460 <li>
460 Consult the education institution named in the Education, Health and Care Plan.
460 </li>
461 </ul>
462 <p>
462 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.
462 </p>
463 <p>
463 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.
463 </p>
464 <p>
464 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 them for health and social care because their
circumstances have changed.
464 </p>
465 <p>
465 Where the young person/parent disagrees with the decision to cease their Education, Health
and Care Plan, they may appeal to the Tribunal (see
465 <a href="#resolving_dis">
465 Section 15, Resolving Disagreements
465 </a>
465 ). 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.
465 </p>
466 </div>
467 <div class="section1">
467 </div>
473 <div class="section">
474 <h2 id="disabled">
474 14. Young Carers and Parent Carers of Disabled Children
474 </h2>
475 <h3>
475 <a id="young_carers">
475 </a>
475 Young Carers
476 </h3>
477 <p>
477 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.
477 </p>
478 <p>
478 The assessment needs to take into account:
478 </p>
479 <ol style="list-style-type:lower-alpha">
480 <li>
480 The young carer's age, understanding and family circumstances;
480 </li>
481 <li>
481 The wishes, feelings and preferences of the young carer;
481 </li>
482 <li>
482 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
482 </li>
483 <li>
483 The outcomes the young carer seeks from the assessment.
483 </li>
484 </ol>
485 <p>
485 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:
485 </p>
486 <ol style="list-style-type:lower-alpha">
487 <li>
487 The young carer;
487 </li>
488 <li>
488 The person cared for;
488 </li>
489 <li>
489 The young carer's parents;
489 </li>
490 <li>
490 Any other person whom the young carer or a parent of the young carer requests should
participate in the assessment.
490 </li>
491 </ol>
492 <p>
492 The assessment must determine the following:
492 </p>
493 <ol style="list-style-type:lower-alpha">
494 <li>
494 The amount, nature and type of care which the young carer provides (or intends to
provide);
494 </li>
495 <li>
495 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;
495 </li>
496 <li>
496 Members of the extended family or friends, and how they can contribute to any identified
outcomes;
496 </li>
497 <li>
497 Whether the care which the young carer provides (or intends to provide) impacts on the
young carer's well-being, education and development;
497 </li>
498 <li>
498 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, gender, wishes and feelings;
498 </li>
499 <li>
499 Whether any of the young carer's needs for support could be prevented by providing
services to:
500 <ol style="list-style-type:lower-roman">
501 <li>
501 The person cared for; or
501 </li>
502 <li>
502 Another member of the young carer's family;
502 </li>
503 </ol>
504 </li>
505 <li>
505 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;
505 </li>
506 <li>
506 Whether any other assessment of the needs for support of the young carer or the person
cared for has been carried out;
506 </li>
507 <li>
507 Whether the young carer is a child in need;
507 </li>
508 <li>
508 Any actions to be taken as a result of the assessment;
508 </li>
509 <li>
509 The arrangements for a future review.
509 </li>
510 </ol>
511 <p>
511 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.
511 </p>
512 <p>
512 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.
512 </p>
513 <h3>
513 Parent Carers
514 </h3>
515 <p>
515 Parent Carers have rights to stand-alone assessments under the Children and Families Act
2014.
515 </p>
516 <p>
516 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.
516 </p>
517 <p>
517 This is called a "parent carers needs assessment".
517 </p>
518 <p>
518 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.
518 </p>
519 <p>
519 The assessment must also have regard to:
519 </p>
520 <ul>
521 <li>
521 The well-being of the parent carer; and
521 </li>
522 <li>
522 The need to safeguard and promote the welfare of the child and any other child for whom
the parent carer has parental responsibility.
522 </li>
523 </ul>
524 <p>
524 Following assessment, the local authority must then decide;
524 </p>
525 <ul>
526 <li>
526 Whether the parent has needs for support;
526 </li>
527 <li>
527 Whether the child has needs for support;
527 </li>
528 <li>
528 And if so whether those needs could be met (wholly or partly) by services under Children
Act 1989, s17.
528 </li>
529 </ul>
530 <p>
530 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.
530 </p>
531 <p>
531 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.
531 </p>
532 <p>
532 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.
532 </p>
533 <p>
533 The carer no longer has to establish that they are providing substantial care on a regular
basis to qualify.
533 </p>
534 <p>
534 Instead, the only requirement is that the carer 'may have needs for support – whether
currently or in the future'.
534 </p>
535 <p>
535 The assessment must consider:
535 </p>
536 <ul>
537 <li>
537 Whether the carer is able/willing to provide and continue to provide the care;
537 </li>
538 <li>
538 The impact on the carer's 'well-being' of their caring role;
538 </li>
539 <li>
539 The outcomes the carer wishes in day-to-day life;
539 </li>
540 <li>
540 Whether the carer works or wishes to work (and/or) to participate in education, training
or recreation.
540 </li>
541 </ul>
542 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.
542 </div>
543 <div class="section1">
543 </div>
549 <div class="section">
549 <h2 id="resolving_dis">
549 15. Resolving Disagreements
549 </h2>
550 <p>
550 The following must be available for resolution of disputes:
550 </p>
551 <ul>
552 <li>
552 Local authorities
552 <span class="bold">
552 must
552 </span>
552 make available independent arrangements for:
553 <ul>
554 <li>
554 Disagreement resolution arrangements for disagreements across special educational
provision, and health and care provision in relation to Education, Health and Care
(EHC) plans;
554 </li>
555 <li>
555 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.
555 </li>
556 </ul>
557 </li>
558 <li>
558 The
558 <a href="p_reps_complaints.html">
558 Complaints and Representations Procedure
558 </a>
558 ;
558 </li>
559 <li>
559 Appealing to the First-tier Tribunal (Special Educational Needs (SEN) and Disability)
('the Tribunal') (see the
559 <a
href="https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-an
d-disability" target="_blank" rel="noopener">
559 GOV.UK website
559 </a>
559 ) or making disability discrimination claims.
559 </li>
560 </ul>
561 <p>
561 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.
561 </p>
562 <p>
562 <span class="bold">
562 Disagreement resolution arrangements
562 </span>
562 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.
562 </p>
563 <p>
563 <span class="bold">
563 Mediation arrangements
563 </span>
563 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.
563 </p>
564 <p>
564 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.
564 </p>
565 <p>
565 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.
565 </p>
566 <h3>
566 Registering an appeal with the First-tier Tribunal (Special Educational Needs (SEN) and
Disability
566 </h3>
567 <p>
567 Children/young people/parents have 2 months to register an appeal with the Tribunal (see
567 <a
href="https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-
disability" target="_blank" rel="noopener">
567 Special Educational Needs and Disability Tribunal, GOV.UK website
567 </a>
567 ), from the date of the notice containing a decision which can be appealed or 1 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.
567 </p>
568 <p>
568 Parents and children/ young people can appeal to the Tribunal about:
568 </p>
569 <ul>
570 <li>
570 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 6 months);
570 </li>
571 <li>
571 A decision by a local authority that it is not necessary to issue an Education, Health and
Care Plan following an assessment;
571 </li>
572 <li>
572 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;
572 </li>
573 <li>
573 An amendment to these elements of the Education, Health and Care Plan;
573 </li>
574 <li>
574 A decision by a local authority not to amend an Education, Health and Care Plan following
a review or re-assessment;
574 </li>
575 <li>
575 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).
575 </li>
576 </ul>
577 <p>
577 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.
577 </p>
578 </div>
579 <div class="section1">
579 </div>
585 <div class="section">
585 <h2 id="further_info">
585 16. Further Information and Statutory Guidance
585 </h2>
586 <p>
586 <a
href="https://www.gov.uk/government/publications/send-19-to-25-year-olds-entitlement-to-ehc-
plans" target="_blank" rel="noopener">
586 SEND: 19 to 25 year olds' entitlement to EHC plans
586 </a>
586 </p>
587 <p>
587 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_
Code_of_Practice_January_2015.pdf" target="_blank" rel="noopener">
587 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)
587 </a>
587 - 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.
587 </p>
588 <p>
588 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/502913/Healt
h_Professional_Guide_to_the_Send_Code_of_Practice.pdf" target="_blank" rel="noopener">
588 0 to 25 SEND Code of Practice: A Guide for Health Professionals – Advice for Clinical
Commissioning Groups, Health Professionals and Local Authorities
588 </a>
588
588 </p>
589 <p>
589 <a
href="https://www.gov.uk/government/publications/send-guide-for-health-professionals/send-re
sources-for-healthcare-professionals" target="_blank" rel="noopener">
589 DfE/DHSC Send Resources
589 </a>
589 - a range of resources to support the work on special educational needs and disability
(SEND).
589 </p>
590 <p>
590 <a
href="https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-suppor
t-statutory-guidance" target="_blank" rel="noopener">
590 Care and Support Statutory Guidance (GOV.UK)
590 </a>
590 , Statutory guidance to support local authorities implement the Care Act 2014.
590 </p>
591 <p>
591 <a
href="https://www.gov.uk/government/publications/children-and-young-peoples-continuing-care-
national-framework" target="_blank" rel="noopener">
591 Children and Young People's Continuing Care National Framework (DHSC 2016)
591 </a>
591 - The process for assessing, deciding and agreeing continuing care for children with complex
health needs.
591 </p>
592 <p>
592 <a href="http://www.legislation.gov.uk/uksi/2015/527/pdfs/uksi_20150527_en.pdf"
target="_blank" rel="noopener">
592 The Young Carers (Needs Assessment) Regulations (March 2015)
592 </a>
592 </p>
593 <p>
593 <a
href="https://www.carersuk.org/help-and-advice/practical-support/getting-care-and-support/yo
ung-carers-and-carers-of-children-under-18?gclid=EAIaIQobChMIqY7l4Pn-6AIVRuztCh0OjQ5oEAAYAiA
AEgIdqPD_BwE" target="_blank" rel="noopener">
593 Carers UK
593 </a>
593 - resources and information on young carers (including assessment tools).
593 </p>
594 </div>
595 <div class="section1">
595 </div>
601 <div class="section1">
601 </div>
604 </div>
607 <div id="footer">
608 <div class="copyright">
609 <p>
609 <a href="http://www.trixonline.co.uk/" target="_blank" rel="noopener">
609 <img src="images/logo/trix-logo.png" width="75" height="75" alt="trix logo">
609 </a>
609 Copyright© signisgroup
609 </p>
610 </div>
611 </div>
612 </div>
613 </div>
615 </div>
617 </div>
618 <div class="container">
620 <div class="modal modal-wide fade" id="myModal" tabindex="-1" role="dialog" aria-labelledby="myModal"
aria-hidden="true">
622 <div class="modal-dialog modal-lg">
622 <div class="modal-content">
622 <div class="modal-header">
622 <strong>
622 Local Resources
622 </strong>
622 </div>
622 <div class="modal-body">
624 
E960 [WCAG21 4.1.2 (A)] Do not use role=presentation|none or aria-hidden=true on a focusable element:
Using either of these on a sequentially focusable element will result in some users focusing on 'nothing'. A sequentially focusable element is an interactive element, or one with a positive 'tabindex'. See Fourth Rule of ARIA Use. <iframe src="https://proceduresonline.com/trixcms1/warringtoncs/doc-library/" title="Document library
popup">
624 </iframe>
626 <script>
626 </script>
626 </div>
626 <div class="modal-footer">
626 E960 [WCAG21 4.1.2 (A)] Do not use role=presentation|none or aria-hidden=true on a focusable element:
Using either of these on a sequentially focusable element will result in some users focusing on 'nothing'. A sequentially focusable element is an interactive element, or one with a positive 'tabindex'. See Fourth Rule of ARIA Use. <a href="#closepopup1" id="closepopup1" class="close" data-dismiss="modal" aria-hidden="true">
626 Close
626 </a>
626 </div>
626 </div>
626 </div>
626 </div>
626 </div>
628 <script src="js/val/test/jquery-1.11.3.min.js" defer>
628 </script>
629 <script type="text/javascript" src="js/highlight.js" defer>
629 </script>
630 <script src="js/iframe/iframeResizer.js">
630 </script>
632 <script src="https://maxcdn.bootstrapcdn.com/bootstrap/3.3.7/js/bootstrap.min.js" defer>
632 </script>
633 <script src="js/jqueryui/jquery-ui-1.9.1.custom.min.js" defer>
633 </script>
634 <script src="js/jquery.tocify.js" defer>
634 </script>
635 <script src="js/dropdowns-enhancement.js" defer>
635 </script>
636 <script src="js/scroll.js" defer>
636 </script>
637 <script src="js/custom.js" defer>
637 </script>
638 <script src="js/dmss.js" defer>
638 </script>
639 <script type="text/javascript"
src="https://cabbiepete.github.io/jQuery-Share-Email/js/jquery.tmpl.min.js" defer>
639 </script>
641 <script type="text/javascript" src="js/jQuery.print.js" defer>
641 </script>
642 <script src="js/jquery.shareemail.js" type="text/javascript" defer>
642 </script>
643 <script src="js/cookie-code/jquery.cookiebar.js" defer>
643 </script>
646 <a id="scrollup">
646 <i class="up">
646 </i>
646 </a>
647 <div id="background">
648 <p id="bg_text">
648 Trix procedures
648 </p>
649 <p id="bg_text_msg">
649 Only valid for 48hrs
649 </p>
650 </div>
655 <script type="text/javascript">
663 </script>
666 </body>
667 </html>