The Care Act 2014 and Preparing for Adulthood Caroline Bennett, Council for Disabled Children

Links between the Care Act 2014 and the Children and Families Act 2014 A Local Authority perspective on implementing the SEND reforms – The journey so far. London Borough of Hammersmith and Fulham, Royal Borough of Kensington and Chelsea and Westminster City Council Preparing for Adulthood and Supported Decision Making Involving young people and families.

The 2 Acts will overlap for young people aged 18-25: Already a challenging time for young people preparing for adulthood; If not considered together they may be implemented in conflicting ways; Or in ways that mean there is duplication creating more work for professionals in local areas and more stress for young people and families; However, there are many positive opportunities created by thinking about implementation in a joined up way. Links between the Children and Families Act and the Care Act

The wellbeing principle (Care Act 2014|): ‘Local authorities must promote well-being when carrying out any of their care and support functions in respect of a person. This may sometimes be referred to as the well-being principle because it is a guiding principle that puts well-being at the heart of care and support.’ Section 19 of the Children and Families Act 2014 states that: local authorities must have regard to a number of principles when carrying out their functions in relation to disabled children and young people and those with SEN: the views, wishes and feelings of the child or young person, and the child’s parents the importance of the child or young person, and the child’s parents, participating as fully as possible in decisions and being provided with the information and support necessary to enable participation in those decisions the need to support the child or young person and the child’s parents, in order to facilitate the development of the child or young person and to help them achieve the best possible educational and other outcomes, preparing them effectively for adulthood. Outcomes and Wellbeing

The Importance of Outcomes - Katy’s story I was involved in a research trial for 3 years and this was really positive because I was able to set my own goals to work towards and I was involved in decisions All my friends were really into skipping at the time so I wanted to learn to jump I was so enthusiastic about learning this skill and in my determination to do this I began walking and became much stronger. If I had just been made to walk down corridors 10 times with no goal I would have found this very boring and wouldn’t have tried half as hard. As I moved into my teenage years health professionals failed to take account of my age, intelligence and desire to be involved in my healthcare and tended to ignore me. This made me very despondent – not wanting to go to appointments and not trying very hard in physiotherapy sessions. I am 24 years old and recently graduated from university. Health professionals have been a part of my life since birth As I got older I became curious about my condition and increasingly wanted to be involved in conversations and decisions. They only focused on my condition and what I couldn’t do. I wanted was to be treated like an adult and be given the facts I needed without being patronised. First and foremost we are young people with likes, dislikes, hopes, dreams and ambitions. Whilst their condition is the only concern of health professionals, for the young person it is just one part of their life.

EHC plans which can potentially continue to age 25; Focus on PfA outcomes from year 9; Transition assessments – Likely need and significant benefit Child’s needs assessment Young carer assessment Child’s carer assessment Emphasis on person-centred approaches to assessment and planning Matthew’s story Assessment and Planning

Preparing for Adulthood Review

Requirement to put in place joint commissioning arrangements; Right to request a personal budget Ensure integration of care and support with health provision and health related provision; Care and Support plan under the Care Act must include a personal budget; Duty to promote the efficient and effective operation of a market in services for meeting care and support needs Joint commissioning and personal budgets

Local Offer Information, Advice and Support Services Information and Advice relating to care and support Information, Advice and Support

The Care Act 2014 – Where are we now? Consider the following 4 tips for joined up implementation of the Care Act and The Children and Families Act: Develop a lifespan approach to outcomes. Establish which professional is responsible for CNAs, ensuring they work with those designing the EHC assessment and planning process; Work with education and training providers, health, social care, employment and housing agencies to develop a range of post-16 support options that lead to better outcomes and more efficient use of resources Consider establishing a joint information and advice offer across all age groups, or across the 0-25 age group Group Activity

London Borough of Hammersmith and Fulham Royal Borough of Kensington and Chelsea Westminster City Council

Kingston Young Champions

Under Part 3 of the Children and Families Act 2014, the right to make requests and decisions applies directly to disabled young people and those with SEN over compulsory school age (the end of the academic year in which they turn 16) rather than to their parents. These specific decision making rights, in relation to an EHC plan, are the right to: request an assessment for an EHC plan; make representations about the content of their EHC plan; request that a particular institution is named in their EHC plan; request a personal budget for elements of their EHC plan; appeal to the first-tier tribunal (SEN and Disability) about decisions concerning their EHC plan; The right of young people to make a decision is subject to their capacity to do so as set out in Mental Capacity Act Children and Families Act: Decision Making

Applies to everyone over the age of 16 It sets out what should happen when people are unable to make one or more decisions for themselves It clarifies the roles that different people play in decision-making, including family carers, and establishes a Court of Protection which acts as the ultimate arbiter about mental capacity issues What is Mental Capacity? The ability to make decisions Based on a single decision at a single time Mental Capacity Act 2005

1. It should be assumed that everyone can make their own decisions unless it is proved otherwise 2. Do not treat people as incapable of making a decision unless all practical steps have been tried to help them 3. A person should not be treated as lacking capacity just because they make an unwise decision 4. Actions or decision carried out on behalf of someone who lacks capacity must be in their best interests 5. Actions or decisions carried out on behalf of someone who lacks capacity should limit their rights to freedom of action as little as possible. 5 Key Principles

Parents and professionals must always support a young person to be involved as much as possible in a decision made on their behalf, even if they do not have the capacity to make it themselves. For more information you can download the Preparing for Adulthood factsheet resources/pfa-factsheet-the-mental-capacity-act-2005-and- supported-decision-making resources/pfa-factsheet-the-mental-capacity-act-2005-and- supported-decision-making

Preparing for Adulthood Programme – Information line: (Delivered by a partnership between NDTi ( and CDC) Transition Information Network – Council for Disabled Children - ( Contact Information

Maintaining a plan Local authorities must not cease an EHC plan just because a young person is aged 19 or over. As with all EHC plans, they may only be ceased when a local authority: determines that it is no longer necessary for the plan to be maintained, or is no longer responsible for the child or young person. This does not mean that there is an expectation that those with an EHC plan should all remain in education until age 25. (Code of Practice, 9.151) 19 – 25 yr olds with EHC plans

Ceasing a plan In addition to the usual considerations, when ceasing a plan for year olds local authorities must also have regard to whether the outcomes in the plan have been achieved. They should also consider: whether remaining in education or training would enable the young person to progress and achieve those outcomes; and whether the young person wants to remain in education or training so they can complete or consolidate their learning. Young people who no longer need to remain in formal education or training will not require special educational provision to be made for them through an EHC plan (Code of Practice, 9.152) 19 – 25 year olds with an EHC plan

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 EHC plan unless it has reviewed the young person’s EHC plan to determine whether the young person wishes to return to education or training, either at the educational institution specified in the EHC plan or somewhere else. 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 EHC plan as necessary and it must maintain the plan (Code of Practice, 9.202) year olds with EHC plans

Young people who do not already have an EHC plan continue to have the right to request an assessment of their SEN at any point prior to their 25 th birthday. 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 consider whether to carry out an EHC needs assessment in the usual way. In addition to the usual considerations, 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. (Code of Practice, 9.156) year olds - requesting an EHC assessment and plan

What are the key challenges in implementing the SEND reforms for young people aged 19-25? Group Discussion