ELIGIBILITY CRITERIA Specialist Social Care Services for Disabled Children and Young People 0-18 October 2015 Contents 1. About this document 2. Background and how we work 3. The referral and assessment process 3.1 Scope of the service – who is specialist social care support for? 3.2 Referral 3.3 Child In Need Assessment – eligibility for specialist social care support 3.4 Child In Need Assessment – process 3.5 What will happen if a child or young person is not eligible for specialist support? 4. How the local authority can help 5. Reviewing support 6. Education, Health and Care plans 7. Parent carers and young carers assessments 8. How to contact us or make a referral 9. Complaints and appeals Appendix A – Specialist social care support for disabled children and young people – Referral and assessment process Appendix B – Specialist social care support eligibility criteria Newham Specialist Social Care Eligibility Criteria October 2015 Page 1 of 12 1. About this document The document sets out Newham’s eligibility criteria to access social care services for children and young people aged 0-18 who have disabilities. It is for everyone involved in the care of children and young people, including parents, professionals and young people themselves. Specialist social care support is provided by two teams: - Disabled Children and Young People’s Service – for those aged 0-14 years - Preparing for Adulthood Team – for those aged 14-18 years Whilst the Preparing for Adulthood Team works with young adults up to the age of 25, due to differences in legislation, a separate eligibility criteria has been devised in respect of young adults aged 18-25 and this will be available shortly on the council’s website. 2. Background and how we work A person is defined as being disabled, in accordance with the Equality Act 2010: “If you have a physical or mental impairment that has a substantial and long term negative effect on your ability to do normal daily activities”. All disabled children and young people have the right of access to universal health, education and community based support services. Disabled children and young people also have the right of assessment for specialist health, education and social care services. These rights are enshrined in the UN Convention on The Rights of the Child, the Children Act 1989 and the Care Act 2014. They are reinforced by the Disability Discrimination Act 1995, 2005 and the Equality Act 2010. The Children and Families Act 2014 and the Care Act 2014 also place duties on Local Authorities to identify the needs of carers including parent-carers and young carers. Newham Council aims to ensure a fair, transparent and proportionate response to assessed needs of disabled children, young people, their parents, carers and siblings. There is a general duty to provide services under the Children Act 1989, Part II, which is triggered by the Local Authority determining that the provision of services is appropriate and necessary to the assessed needs of a child/young person. There is an enforceable duty under the Chronically Sick & Disabled Persons Act 1970 (s2), which is triggered by the Local Authority being satisfied that services are necessary to safeguard the welfare of a disabled person. The most appropriate and relevant service for a disabled child or young person is based on what is in the best interests of the child or young person, within reasonable resources. The aim is to ensure that the available resources are targeted to benefit those children in most need, including those at risk and that proper consideration is given to equity of provision. In the first instance our approach is to offer support through universal services available to all families such as schools, children’s centres, the health service and voluntary sector providers, and the Early Help offer. These services work in partnership across Newham to support children and young people in a more timely way. The majority of disabled children Newham Specialist Social Care Eligibility Criteria October 2015 Page 2 of 12 and young people and their families will benefit from universal and Early Help services and will not need specialist social care support. Early Help services are explained in “Health and protection for children, young people and families – A guide to services in Newham”, available here1. The Newham Special Educational Needs and Disabilities (SEND) Local Offer sets out services available to all families and is accessible at www.newham.gov.uk/SENLocalOffer . 3. The referral and assessment process See Appendix A for a flow chart showing the main steps of the referral and assessment process. 3.1 Scope of the service – who is specialist social care support for? Newham’s Disabled Children and Young People’s Service and the Preparing for Adulthood Team provide specialist and statutory social care services for children and young people with critical and substantial needs. The services supports disabled children, young people and their families whose main need for services arises from the child’s disability or intrinsic condition and where these conditions have a substantial or critical impact on the quality of the child’s/young person’s life and/or the lives of their families on a daily basis. The services intervene where needs cannot be fully met by universal or targeted services alone. 3.2 Referral Children’s Triage is a single point of contact for requests for support or protection. Parents and carers can self-refer to Triage or professionals may make a referral on their behalf. Triage will review the referral and take into account any historical and relevant information from partner agencies (including education, health and housing). Triage will then determine the level of need and recommend intervention by one of the following: Universal services Early Help offer Statutory social care (Child In Need Assessment) A referral to statutory social care for a Child In Need Assessment is likely to be made if a child or young person appears likely to have substantial or critical needs, for example a high level disability which cannot be maintained in a mainstream setting. (See Appendix B for information about substantial and critical needs.) Where a referral is made due to child protection concerns and the child or young person also has a disability, child protection procedures will be followed by statutory social care. See section 8 for details of how to make a referral to Triage. 1www.newham.gov.uk/Documents/Health%20and%20social%20care/Support-and-protection-for-children-and- young-people-in-Newham-practice-guidance.pdf Newham Specialist Social Care Eligibility Criteria October 2015 Page 3 of 12 3.3 Child In Need Assessment – eligibility for specialist social care support This assessment of the child or young person’s needs is based on the impact that their disability or medical condition has on their everyday lives. It will identify any needs the child has and how they can be met. This assessment takes into account three areas: the child's development needs; family and environment factors which impact on a child or young person’s wellbeing; and parenting capacity. The assessment will also include carers’ needs including those of young carers. At any point during the referral or assessment process, child protection concerns may arise. In such a circumstance, the local authority will undertake relevant child protection enquiries in accordance with section 47 of the Children Act 1989, as set out in Working Together 20152. Such enquiries would not preclude the local authority making appropriate determinations of eligibility as set out in this document. Also, at any point during the referral or assessment process, the local authority may deem it necessary to consider alternative care arrangements, such as the child or young person being cared for by their extended networks or the local authority. The local authority will work in accordance with the Children Act 1989 and Working Together 2015. Children with disabilities are assessed and defined as ‘Children In Need’ by the Children Act 1989 because of their disability under section 17 (10). Some of these children are also assessed as having substantial and critical needs that may require specialist social care support because they have disabilities or illnesses that are severe and enduring, including: Physical disabilities that are permanent and substantial Learning disabilities that result in a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning Sensory impairments Autistic Spectrum Disorder Complex health, life limiting or life threatening conditions, which significantly impact on their or their families daily living arrangements, and/or There are safeguarding or child protection concerns in relation to their current care arrangements We may need to know more information before we can decide whether the child meets the eligibility criteria for specialist social care support and therefore we may need to contact other people who know the child or young person. This could include the child’s school, GP or doctor. There are four categories of identified need. The Disabled Children and Young People’s Service and Preparing for Adulthood Team only provide a service to children and young people whose needs are assessed as meeting Levels 3 and 4, i.e., substantial and critical. This is where a child or young person’s disability is defined as permanent and requiring significant support. The four categories of need are described in Appendix B. Children and young people’s needs vary and they may move between different categories of need at times. For example, the outcomes for a child initially assessed as having critical needs may improve due to the support provided, hence they may be reassessed as having 2 www.gov.uk/government/publications/working-together-to-safeguard-children--2 Newham Specialist Social Care Eligibility Criteria October 2015 Page 4 of 12 substantial needs. Conversely, children with substantial needs whose situation deteriorates may move into the critical domain. Service responses need to be flexible to address the changing needs of children and their families. The different levels of need trigger different assessments and service responses. Assessments make the best use of inter-disciplinary and multi-agency consultation to ensure that appropriate services are put in place. 3.4 Child In Need Assessment – process Once Triage has initially identified that a child or young person with a disability meets the criteria for an assessment, a Child In Need Assessment is undertaken to determine whether the child or young person has any identified needs which require the provision of specialist social care services, using the above eligibility criteria. Where a Child In Need Assessment takes place, the maximum timescale for the completion of the assessment is 45 working days; in most cases the assessment will be completed sooner. The Child In Need Assessment includes: What the specific needs are How a need could be met, including resources available to the family The services available What will be provided The outcomes to be achieved The time scales for the outcomes to be achieved Being assessed as having critical and substantial needs does not mean that specialist services will automatically be provided as those needs may already be met. A self-supporting extended family network, for example, may be considered sufficient support for a child or young person with critical needs. 3.5 What will happen if a child or young person is not eligible for specialist social care support? Children and young people who are not eligible for specialist social care support will be supported by universal and targeted services. This includes professionals working in schools and the heath service, and other mainstream activities e.g. cubs, girl guides, leisure services and targeted opportunities such as after school clubs/youth clubs. Targeted services include the Early Help offer. The Newham SEND local offer sets out the services available - see www.newham.gov.uk/SENLocalOffer 4. How the local authority can help If the Child In Need Assessment indicates specialist social care support may be needed due to substantial or critical needs, a decision making process will be followed in relation to meeting the identified needs. Newham Specialist Social Care Eligibility Criteria October 2015 Page 5 of 12 A ‘Decision Making Tool’ will be completed in partnership with parent/carers informed by the Child In Need assessment and professional judgement. This tool will consider needs more specifically and how these may best be met. This tool will give an indicative allocation of a resource envelope which may be a budget or support hours which will be used to meet needs. The ‘Decision Making Tool’ is indicative only - the final decision will be based on the outcomes and evidence included in the person-centred Child In Need assessment. Decisions on which services will be provided to support identified needs will be made by a local authority officer in line with their delegated authority. Specialist support will be provided in the context of a plan (such as a Child in Need plan, an Education, Health and Care plan, a Child Protection plan or a Looked After Child’s plan). In the first instance, we will aim to meet needs by working with existing services including health and education, as team around the family. We may arrange the following specialist support, dependent upon the personal individual assessment of need(s) identified: Provide information, advice and guidance Practical support, such as assistance with personal care in the home Short breaks and respite care services School holiday provision and after-school clubs Direct payments including a personal budget Child protection and looked after care planning Other services may also contribute to support where needed. These other services will be accessed through a referral made by the Disabled Children and Young People’s Service or the Preparing for Adulthood Team. See section 3.5 for support available for children and young people who are not eligible for specialist social care support. 5. Reviewing support In accordance with local guidance the needs of disabled children and young people will be reviewed every six months. This will include a review of the Child in Need Assessment and any support packages and resources, including whether identified outcomes have been achieved. Parents however have the right to request a review at any time if they feel their child’s needs are not being met. 6. Education, Health and Care plans Disabled children and young people from birth to age 25 may be eligible for an Education, Health and Care (EHC) plan, or additional services from education or health providers. EHC plans are issued for children and young people with complex special educational needs (including disabilities) which cannot be met by mainstream schools and colleges within normally available resources. EHC plans outline what social care, health and education support needs to be put in place to support a child or young person and help them achieve identified outcomes. Newham Specialist Social Care Eligibility Criteria October 2015 Page 6 of 12 Where appropriate, a Child In Need Assessment and provision of specialist social care services will form part of the EHC plan. Where a child or young person has a Child Protection plan or is looked after, these will sit alongside any EHC plan and may be cross referenced in the EHC plan, but will remain as separate legal documents. Professionals across education, health and care will work together to ensure co-ordinated support for children, young people and their families. The vast majority of children and young people with special educational needs will have their needs met by mainstream early years providers, schools and colleges and will not need an EHC plan. For more information about SEN including on EHC plans, please see our Local Offer at: www.newham.gov.uk/SENLocalOffer 7. Parent carers and young carers assessments A parent carer is someone over 18 who provides care to a disabled child for whom they have parental responsibility. The Children and Families Act 2014 amends the Children Act 1989 and requires local councils to assess parent carers on the appearance of need or where an assessment is requested by the parent. This is called a Parent Carers Needs Assessment. A Child In Need Assessment is a holistic assessment of need that will also include an assessment of parent carer needs. Where the threshold for a Child In Need Assessment is not met, Triage will signpost to the Young Carers’ Support Service for the Parent Carers Needs Assessment to be carried out. A similar duty exists for young carers. These are children aged under 18 with caring responsibilities. A Child In Need Assessment will include an assessment of young carers’ needs. Where the threshold for a Child In Need Assessment is not met, Triage will signpost to the Young Carers’ Support Service for the young carers’ assessment to be carried out. Young carers can also directly contact the young carers’ support service. See section 8 below for details. 8. How to contact us or make a referral The Triage service is open from 9am to 5pm, Monday to Friday. Please refer to Triage via the portal www.newham.gov.uk/triage . If you would like to discuss your referral please call 020 3373 4600 and Triage will be happy to offer initial advice and support with making a referral. You can contact the young carers support service at: Hannah Witcomb, Project Coordinator Family Action - Newham Young Carers & Building Bridges Services Families First Building, 1 London Road, London E13 0AT Telephone: 020 8470 7782 Newham Specialist Social Care Eligibility Criteria October 2015 Page 7 of 12 9. Complaints and Appeals Complaints and appeals against decisions made by the local authority can be made via the Council’s Corporate Complaints Procedure. You can submit your complaint or appeal online at www.newham.gov.uk/complaints or in writing to the: Complaints and Member Enquiries Service London Borough of Newham Newham Dockside 1000 Dockside Road London E16 2QU Produced by: Disabled Children and Young People and Preparing for Adulthood Services London Borough of Newham 1000 Dockside, London E16 QU Tel: 020 3373 4600 Website: www.newham.gov.uk/triage Newham Specialist Social Care Eligibility Criteria October 2015 Page 8 of 12 Appendix A Specialist social care support for disabled children and young people – Referral & assessment process Not eligible for CIN assessment -signpost to universal services, Early Help, SEND local offer -where necessary, refer for parents carers or young carers needs assessment Triage determines initial eligibility and whether Child In Need Assessment is needed Assessment considers: What is the impact of the needs upon the child/young person and parent/carer? 1. Universal/Low Initial eligibility determined – undertake Child In Need Assessment, including assessment of parent carer needs where necessary 2. Targeted/Moderate Case review every 6 months Not eligible for specialist support – signpost to universal services, Early Help, SEND local offer OR 3. Substantial Do the critical and substantial needs require specialist social care support? No Plan produced that identifies how support from family and/or Early Help and SEND local offer will meet needs 4. Critical Yes Child / Young Person referral Plan produced that identifies specialist interventions necessary / appropriate to meet the need Case review every 6 months Newham Specialist Social Care Eligibility Criteria October 2015 Page 9 of 12 Case transfer to DCYPS or PfA Specialist Services to be arranged Appendix B – Specialist social care support eligibility criteria The following four categories of “need” are a way of identifying those children and young people with the greatest need at any moment in time: Level 1 – Universal/Low impact Children are well supported by their families with the support of family and friends, the community and universal services. There are no identified additional needs unmet. For these children, young people and their families, the appropriate support services are universal services available through the SEND local offer, e.g. community provision, children’s centres or via GPs that do not require a specialist assessment to access. Level 2 – Targeted/Moderate impact Children and/or their families have additional needs that cannot be met by universal services alone. This can include a child or young person where their needs are not clear, not known, or are not yet being met. This may require additional help from a single agency or a co-ordinated response from more than one agency. Services that a child may be able to access include Families First, some targeted Children’s Centre activities or more specialist health provision. These Early Help services are available as part of the SEND local offer. Level 3 – Substantial Children with complex needs are likely to require a specialist assessment for longer term intervention from statutory and/or specialist services. High level additional needs that remain unmet, despite support from targeted services, may require an integrated response that will usually include a specialist or statutory service. Level 3 is the basis of the threshold for a Child In Need under the terms of the Children Act 1989 (s17) which may result in statutory social work intervention. Following the completion of a statutory assessment, a Child in Need Plan will be completed which will outline specific needs and consider support that may assist in meeting these needs. If there are no more statutory concerns, a Brokerage Worker within DCYPS will be allocated to the family and tasked with supporting and assisting the family to access services, monitor outcomes and review the progress made. Level 4 – Critical Children with critical needs may require intensive, statutory support from health, education and /or social care services. It is likely that children who meet this category may be eligible for an Education, Health and Care Plan. This includes inpatient treatment or care and the threshold for providing children with protection that requires a placement outside of their birth family. Assessment for a care placement requires a statutory social work assessment and care planning under sections 20 and sections 31 of the Children Act 1989 and the Care Planning Regulations 2011. For consideration for critical level, the following factors will be taken into account: Are at risk of abuse or neglect Are at risk because of family breakdown Have a life-threatening or life-limiting condition Newham Specialist Social Care Eligibility Criteria October 2015 Page 10 of 12 Have health needs which make her or him totally dependent on others Have significant feeding needs Will need a lot of support moving to adulthood Must have specialist equipment Disabled children and young people within this category of need are likely to have an allocated social worker appointed to work with them. Areas of Need Critical Example Substantial Example Targeted/ Moderate Example Universal/ Low Child or Young Person’s Development Needs Chronic or life limiting condition Child has complex physical needs and is likely/could be requiring continuous physical or medical care The impairment, chronic health and life limiting condition have a substantial impact on the quality of the child/young person and their family’s life Child likely/could be requiring continuous physical care Less severe impact of impairment upon child and parent/carer Child wishes to attend peer group social event but needs adult assistance to access it Child could be independent in self care if adaptations available. At risk of significant harm Danger of child moving into critical domain Assistance required to enable child to access leisure/community activities necessary for their continued development without parental support Child whose independent living skills are slightly impaired by a level of disability but their needs can be met by advice and support to access universal services Child has a substantial and permanent disability, requiring 24hr a day assistance to meet their need Child cannot be discharged home from hospital without occupational therapy assessment and possibly provision of aids Persistent / extreme challenging behaviour Newham Specialist Social Care Eligibility Criteria October 2015 Page 11 of 12 Child needs an occupational therapy assessment to prevent delayed or impaired development Provision of services the same as critical but not an immediate intervention required Child requires aids or adaptations to enable independent living which can be provided by targeted services such as Occupational Therapy, Speech and Language, CAMHS, Early Help parenting support, Parents Advisory Groups, Child Development Centre, Educational Psychologists Examples of targeted support include Occupational Therapy, Child and Adolescent Mental Health Service, Newham Educational Psychology Service, Newham Behaviour Support Service, Speech and language therapy, Community and Voluntary Sector Groups, Early Help Services including Foundations for Learning and Families First, Family Nurse Partnership, Example signposting to mainstream provision such as leisure activities or other independent organisations Examples of other support include Health Visiting Services, Children’s Centres and Early Years, Schools, Integrated Youth Services, Parenting Capacity In substantial excess of that which would be provided to a child by parent /carer without impairment Immediate risk of family breakdown without agencies’ intervention/ or statutory obligation to provide Family & Environmental factors Parent/carer might need a break from the constant supervision of complex health care needs (manual handling) Severe sleep deprivation Sole parent/carer illness, impairment, bereavement or addiction Carers unable to maintain safe level of care without some personal time Child with extreme levels of challenging behaviour poses a risk to carers and other family members There is a risk of serious harm to another person’s health and safety Newham Specialist Social Care Eligibility Criteria October 2015 Page 12 of 12 Parent/carer having considerable difficulty in providing physical, emotional care, supervision or communication required due to child’s impairment or the relationship with main carer/parent is at risk of breakdown Parent/carer managing, but there could be a substantial risk of harm or family breakdown, planned intervention likely to prevent reaching the critical stage Parent/carer are however coping with some difficulty Parent/carer are showing signs of deteriorating health or stress Parent/carers do need a break to spend time with other children in the family or to meet their own social needs The demands of caring for the child with a disability means they cannot provide appropriate care and involvement in other children’s lives Home environment is unsafe. Serious concerns with regard to parent/carers home environment such as health and safety risks Some reasonable adjustment may be required Assessment by an occupational therapist to assist with minor adaptions Carers have additional needs of their own which is impacting greatly on their ability to care and meet the needs of their disabled child Parent/Carers own health care needs are impacting on their ability to care appropriately and children at risk. No parenting concerns Family environment is appropriate and meets needs well