Social Care Element of an EHC plan

Children In Need Assessments

Under section 17 of the Children Act 1989, local authorities have a duty to assess 'children in need' for any services they may need.

A child in need is defined within the Act as:

• a child who is unlikely to achieve or maintain a satisfactory level of health or development;
• a child whose health and development will be significantly impaired, without the provision of services, or;
• a child who is disabled (the Children Act considers a child disabled if the child is blind, deaf, non-verbal, suffering from a mental disorder of any kind, substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed)

This means that if your child is disabled, the local authority must carry out an assessment of their care needs, though there is no prescribed process they must follow. There may not therefore be a formal assessment, and needs could be identified as part of the work the Early Help service provides, for example.

The SEND Code of Practice 2015 says:

Where a child or young person has been assessed as having social care needs in relation to their SEN or disabilities social care teams:

• must secure social care provision under the Chronically Sick and Disabled Persons Act (CSDPA) 1970 which has been assessed as being necessary to support a child or young person’s SEN and which is specified in their EHC plan

(3.49)

The SEND Code of Practice 2015 says:

Where there is an EHC needs assessment, it should be an holistic assessment of the child or young person’s education, health and social care needs. EHC needs assessments should be combined with social care assessments under Section 17 of the Children Act 1989 where appropriate.

 

(10.18)

 

In seeking advice and information, the local authority should consider with professionals what advice they can contribute to ensure the assessment covers all the relevant education, health and care needs of the child or young person.

 

(9.49)

This means that as part of an EHC needs assessment, the family services team will seek advice from social care about their previous involvement and assessments for your child.

If their response is 'not known to service' - you might want discuss with the local authority to carry out an assessment (or re-assessment) of care needs.

Section H1 (Social Care provision) within an EHC plan includes:

Any social care provision which must be made for a child or young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970 (CSDPA), such as: 

• practical assistance in the home
• clubs and activities outside the home
• assistance in travelling or helping your child to take part in activities
• equipment or adaptations to the home
• holidays
• non-residential short breaks 
• any identified provision for parent carers of disabled children

Section H2 of an EHC plan includes any other provision related to your child or young person's SEN that isn't covered within section H1, for example residential short breaks or support with finding employment or housing.

For children and young people in or beyond Year 9 with EHC plans, local authorities have a legal duty to include provision to assist in preparing for adulthood in the EHC plan review. (SEND Code of Practice 2015: 1.40)

This means that from year 9 onwards Annual Reviews of an EHC plan need to consider wider support needs for example; preparation for employment and independent living.

The SEND Code of Practice 2015 says:

Where young people have EHC plans, local authorities should consider the need to provide a full package of provision and support across education, health and care that covers five days a week, where that is appropriate to meet the young person’s needs.

 

(8.39)

 

It can also include health and care related activities such as physiotherapy. Full-time packages of provision and support set out in the EHC plan should include any time young people need to access support for their health and social care needs.

 

(8.40)

The Local Authority have a legal duty within section 47 of the Children Act 1989 to investigate if they suspect that a child is suffering, or is likely to suffer, significant harm.

Anyone can make a referral to children services, including a parent, wider family member, friend, doctor, teacher or health visitor if they are concerned about a child.

Following a referral the Local Authority will then decide whether there should be any action taken to safeguard your child’s welfare.

The process for 'keeping children safe'

If someone has raised concerns about your child by contacting social care, you may find it useful to read through the guidance from Child Law Advice, which explains what happens and how to prepare for questions you and your child will be asked.