The Policy Context Caroline Bennett, Council for Disabled Children

1. The Policy Context • Caroline Bennett, Council for Disabled Children

2. What do young people and their families need to know and do • Where are the links between the Children and Families Act 2014 and the Care Act 2014 • What do they mean for young people as they prepare for adulthood

3. What you need to know? • Outcomes and wellbeing • Information & Advice • Transfer reviews and EHC Needs Assessments • Transition Assessments • Adult Needs Assessments • EHC plans & Care and Support plans (including personal budgets)

4. Outcomes and Wellbeing • 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.’ • When promoting individual wellbeing the local authority must have regard to the importance of achieving a balance between the individual’s wellbeing and that of any friends or relatives who are involved in caring for the individual.

5. Where to find information – The Local Offer Statutory duties on local authorities to develop and publish a Local Offer setting out the support they expect to be available for local children and young people with special educational needs (SEN) or disabilities. • To provide clear, comprehensive, accessible and up-to-date information about the available provision and how to access it, and • To make provision more responsive to local needs and aspirations by directly involving disabled children and those with SEN and their parents, and disabled young people and those with SEN, and service providers in its development and review.

6. Transfer reviews and EHC Needs Assessment • A transfer review replaces the annual review in the academic year in which the young person transfers to the new SEND system. It will involve more than an annual review and will take longer (up to 14 weeks for a young person transferring from a statement of SEN). • Local authorities must consider undertaking an EHC Needs Assessment, on request, if a young person has an LDA and will continue in education after August 2016. If the local authority undertake an EHC needs assessment they must finalise the plan within 20 weeks. • A young person can request an EHC needs assessment at any time before their 25th birthday whether or not they have previously had a statement or LDA.

7. Transition Assessments - The Care Act 2014 • Transition assessments – Likely need and significant benefit • Child’s needs assessment • Young carer assessment • Child’s carer assessment • Child’s carer assessment must specifically consider whether the carer: • is able to care now and after the child in question turns 18; • is willing to care now and will continue to after 18; • works or wishes to do so; • is or wishes to participate in education, training or recreation. • Parent Carers Needs Assessment under the Children and Families Act 2014 • Must have regard to well-being of parent carer and need to safeguard and promote welfare of disabled child

8. Example of the timings • Consider whether it is of significant benefit to request a transition assessment. • This can be requested at any time prior to a young person’s 18th Birthday. • If eligible needs identified, CNA leads to a transition plan which includes an indicative personal budget. • If not eligible local authority must provide information on how to reduce or delay needs for care and support If a CNA is in place this can act as the Adult Needs Assessment Children’s services must continue to provide care and support until an assessment is complete

9. Planning and personal budgets • Emphasis on person-centred approaches to assessment and planning; • Preparing for adulthood review • Care and Support plan under the Care Act 2014 must include a personal budget; • Children and Families Act is a right to request a personal budget • Duty to promote the efficient and effective operation of a market in services for meeting care and support needs;

10. Key messages from the legislation • Planning should focus on preparing for adulthood outcomes from yr 9 at the latest; • Transition Assessments under the Care Act 2014 can support early planning and informed decision making for all young people not just those with EHC plans; • A shift in focus from provision to outcomes, wellbeing and person-centred approaches; • Information, advice and market development; • The 2 Acts will overlap for 7 years or more for young people and their families

11. Contact Information • Transition Information Network – • www.transitioninfonetwork.org.uk • Council for Disabled Children - • www.councilfordisabledchildren.org.uk