CHILDREN WITH DISABILITIES POLICIES & PROCEDURES 2003 ROBIN WHEELER CHILDREN WITH DISABILITIES SERVICES MANAGER OCTOBER 2003 1 The Children with Disabilities Service Policies and Procedures Contents 1. Policy Statement Page 3 2. Purpose and Principles 3 3. Scope 4 4. Mandatory Guidance – Criteria for Allocation to the Children with Disabilities Service 4.1 Definition 4.2 Sibling Groups which include a Child with a Disability 4.3 Child protection and Looked After Children 4.4 Registration with the KEY (Children with Disability Register) 4 4 5 5 5 5. Mandatory Guidance – Accessing Family Support Services 5.1 The Government National Objectives for Social Services 5.2 The Child Care Strategy 5.3 The Family Support Panel 5.4 After the Panel has Allocated a Service 5.5 Decisions about other Services 5.6 Delegated Authority 5.7 Reviews 6 6 6 6 7 7 8 8 6. Good Practice Guidance 6.1 How Services are provided 6.2 Continuum of provision 6.3 Directly Provided Short Breaks 6.4 Looked After Children Services 6.5 External contracts 9 9 9 10 10 10 7. Use of Discretion 10 8. Multi-Agency Working 11 9. Implementation 11 10. Monitoring and Review 11 2 The Children with Disabilities Service Policies and Procedures 1. Policy Statement Managers and frontline workers in the Children with Disabilities Services work within the policy and procedural framework in the Children and Families Policy and Procedures manual. The department has now created a separate service for children with disabilities and their families and the following policies and procedures relate to the service specific aspects of their work. 2. Purpose and Principles 2.1 Services for Children with Disabilities in Gloucestershire aim to maximise resources to promote the welfare of the child, minimise the effect of their disabilities, and give them choices about their lifestyle. A social model of disability will be used. 2.2 Children with disabilities are first of all children, their rights are equal to those of non-disabled children. 2.3 The focus of action is not upon the fact that these children are disabled, rather it is upon what the children need, so that they may have a satisfying life at all levels. In meeting these needs a variety of public, private and voluntary organisations must work together effectively. 2.4 Disabled children will be treated fairly and with respect for their particular lifestyles. Supported by policies, procedures and resources where necessary, services attempt to meet needs and preferences with respect to race, religion, language, culture, gender and disability. The views and wishes of children and young people, recognising that they have special needs, will actively be sought and contribute to any service plan that is made. A variety of formats and communication methods should be used. 2.5 If children with disabilities are to achieve equality with other children, they must not be isolated. There has to be a positive plan for them to remain integrated, if this is in their best interest. 2.6 Statutory services will seek to work in partnership with parents to provide the best possible care for their children. Unless directed by the Court, parents retain parental responsibility at all times. Services will not be organised in a way that undermines this responsibility. Parents will be enabled to access information about our services. 2.7 Where the views/interests of the child do not coincide with those of his/her parents or carers, the Statutory Agencies will ensure that 3 parents/carers are listened to and understood before making any decisions about the provision of services. 2.8 In line with directions issued by the Government, services provided by statutory agencies will be targeted at those in most need. Therefore, access to these services will need an assessment of need and a recommended service plan. Decision-making regarding the allocation of resources will be open to scrutiny. 3. Scope The Children with Disabilities Service is responsible for working with many of the children with more severe and permanent disabilities and their families known to Social Services in Gloucestershire. What follows is guidance to help staff identify children who, through disability, are “Children in Need under the Children Act 1989”, and thus to establish their eligibility for assessment and services. This guidance is rooted in that provided by the Children Act, so that the Department’s work is anchored to the Government’s intentions. The Children Act guidance largely follows a medical diagnostic model. The Department however, accepts the view that the disadvantage experienced by a child will be determined as much by the impact of the family and society at large as by the disability itself. Mandatory Guidance 4. Criteria for Allocation to the Children with Disabilities Service 4.1 Definition A child with a disability is a child aged between 0 and 18 who is substantially and permanently affected in their everyday living by one or more of the following: A learning disability A physical impairment A sensory impairment Chronic physical ill-health A severe communication or language disorder Autism (as defined by a medical practitioner) This includes children who have a Statement of Special Educational Need because of moderate learning difficulties where this substantially and permanently affects their everyday life e.g. their self-care skills or social skills are impaired. 4 This definition is based on the Children Act definition, which states that: “A child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed.” The government’s intention is that local authorities should interpret the “substantial and permanent” concepts flexibly, by taking into account the individuals wider circumstances. Substantial will mean considerable or significant factors which are life changing or limiting, and might include issues to do with risk and dependency. Permanent means existing indefinitely, not expected to improve. However, there must be sufficient flexibility to take account of intermittent or episodic conditions. Care will need to be taken not to use the label of disability simply to access assessment and service 4.2 Sibling Groups which include a Child with a Disability Many referrals will concern families where only one of a group of siblings has a disability. These families should be allocated to the CWD Service if the child's disability is the significant issue in the presenting problem, otherwise the allocation should be in locality teams. Joint working is encouraged, and will need to be negotiated between team managers. 4.3 Child Protection and Looked After Children Ensuring that Section 47 referrals are dealt with appropriately will be the responsibility of the locality team. If the case is already open to a CWD social worker, it may be appropriate for that worker to make the enquiries and/or investigation – governed by the best interests of the child. When a child is included on the Child Protection register, the key worker will normally be a social worker from the child care locality team. The CWD social worker will joint work. It is possible for the CWD social worker to be nominated as key worker, but this can only be by negotiation with the CWD Team Manager. Looked After Children with disabilities will normally be the responsibility of the CWD Service. Where siblings are accommodated joint working should be arranged. 4.4 Registration with the KEY (Children with Disability Register) is not sufficient evidence that a child meets the allocation criteria The KEY will include children with a wide range of special needs and include self-diagnosis. Consequently, the fact that a child is on the register is not in itself evidence that they meet these criteria. SSD does not have access to personal details held by the KEY. 5 5. Guidance on Accessing Family Support Resources The provision of family support services for children with disabilities is based primarily on the Children Act. The associated Guidance and Regulations still holds good as the basis of assessment and provision of services. Other legislation concerning Carers and Chronic Sickness has been introduced. The two current strategies informing provision are 5.1 The Government National Objectives for Social Services The national objectives for service provision have been very clear. In summary: Children’s needs must be properly assessed and reviewed to ensure maximum life chances – living with their families or ‘other appropriate settings in the community’ Maximise number of children who receive ‘good quality coordinated care and education in inclusive settings’ Ensure that disabled children receive appropriate health care Parents and children must be given good quality, culturally appropriate information Increase the number of children receiving a range of family support services and the number of hours provided Increase the number of children using inclusive play, leisure and cultural services 5.2 The Child Care Strategy This Departmental strategy aims to reduce the number of Looked After Children, and ‘refocus’ our services to provide more family support so that children can stay within their family. Therefore it is critical that family support services are targeted at those most in need, and at those at greatest risk of being Accommodated. (Utting Report stated that disabled children are 8 times more likely to be accommodated than non-disabled children). The following principles should be followed: Assessments will be needs led and not service led. Parents/carers, and young people where appropriate, will be given full information about the decision-making process Services and budgets will be used to meet the objectives of both the National Government Objectives for Social Services and the Child Care Strategy 5.3 The Family Support Panel (Children with Disabilities) A single County Panel has been set up to consider and make decisions regarding the provision of: Residential Short Breaks (SSD and NCH) Family Link – overnight and day care Outreach services provided by SSD and NCH Budget commitments of over £500 6 It will meet monthly, and consist of: Service Manager SSD (chair) Team Manager SSD fieldwork Project Managers SSD & NCH Family Link Manager Health Representative Education Representative The aim of the Panel is: To allocate the most appropriate resources based on assessed need for all new requests for service and for significant increases to current provision To collate and monitor waiting lists To ensure equity of access to services To record unmet need and provide information for planning purposes Initial Assessments should be sent to the Service Manager before the Panel meets (dates will be circulated). Decisions will be made regarding most appropriate resource, priorities and level of service. A manager will have signed and agreed the assessment. Assessments should identify need, and not the service. Analysis and Recommendations should include what outcome is intended, whether this is a short term or long term need. Once the Panel has agreed the resource, the social worker, the provider, the child/young person if possible and parent(s) draw up a service plan (daycare services) or care plan (overnight services). Where needed, the chair of the panel will write directly to the parent(s). 5.4 After the Panel has Allocated Services The social worker, carer(s) and where ever possible the child or young person and the provider will draw up the Service/ Care Plan. The manager of the resource identified is responsible for managing the frequency and level of service provided in accordance with the Service /Care Plan. 5.5 Decisions about other Services To access resources to accommodate children, application needs to be made to the Children’s Placement Panel using a RAF1 referral form and a core assessment of need. To access multi-agency authority to accommodate a child in an agency placement, a referral needs to be made in the first 7 instance to the Service Manager, Children with Disabilities. The Service Manager will then present the request to the multi-agency Panel for consideration. 5.6 To access adult service resources, liaison is required with the appropriate adult services fieldworker who will be responsible for applying the Community Care procedures. Staff should always be alert that Children with Disabilities are usually in touch with other agencies and may have needs that could be provided for by other agencies. Delegated Authority Resource/Budget Description CWD budgets Family Support ‘spot purchased’ – criteria in Section 17 Children Act Carers Grant Family Link Scheme Outreach Residential short breaks Crossroads & Careshare Assisted daycare places Paediatric OT equipment 5.7 Approval Team Manager up to £500 then Panel To increase number of short breaks Team Manager for parents/carers and young carers up to £500 then Panel Day and overnight short breaks Family Support based in a ‘Link’ family Panel Provided by SSD and NCH Family Support Panel Pengwern and Trees – SSD Family Support Collies and Meadows – NCH Panel Receive some grant funding. Can Team or Service provide directly or purchased through manager above budgets Funding at £4 per hour to enable See protocol children with special needs to access out of school play & leisure activity. Can include child-minding Primarily to cover equipment for child Paed OT in own home Manager Reviews All services provided will be reviewed regularly: Where children/ young people are having more than 65 overnight stays per year, reviews will be chaired by the Review and Planning Team, every 6 months. All other services will be reviewed by the Family Support Assessors, on an annual basis 8 6. Good Practice Guidance The following provides information and guidance to promote good practice 6.1 How Services are Provided There are 3 main ways that Social Services provide family support Contracted Family Support The Department now funds a range of family support services through a contract or ‘service level agreement’. A number can be accessed without a Social Services Assessment. See attached ‘Spot Purchased’ Family Support The two main funding sources are the ‘CWD’ budgets and the Carers Grant. An initial assessment is needed to access the former, and a carer’s assessment the latter (although the information in the initial assessment can be sufficient if it reflects parents and young carers needs) Directly Provided Services Includes Family Link, Outreach and Residential Short Breaks. There is an allocation panel with all providers represented. See attached. The decisions regarding the provision of O.T. equipment will be taken by the Paediatric O.T. manager, in consultation with the Service Manager where necessary. There are other services, such as Home Care and the Fostering and Adoption Service, which are not directly managed by the CWD Service 6.2 Continuum of Provision Following an assessment of need, services are considered in the following order: Community-based Support In the first instance, referrals should be made to universal services such as playgroups, childminding, after school clubs, neighbourhood projects, The KEY Information Service, playschemes etc. If extra support is needed to access these services, Sure Start or the Carers Grant may be accessed (see protocol). For more complex needs there are a wide range of services, including home care, sitting services, childminding, play support, transport etc. Services can be organised by accessing the CWD budgets or Carers Grant or charity application. Other agencies have resources to contribute to family support. Provision of Domiciliary support directly provided by the Department but not managed by the CWD Service (e.g. Home Care) will be negotiated separately with managers of that service. 9 6.3 Directly Provided Short Breaks Residential, Family Link and Outreach are authorised by the CWD Family Support Panel, and need an initial assessment, which includes a formal carers assessment as needed. 6.4 Looked After Children Services Applications for Accommodation should be made to the Children’s Placement Panel 6.5 External Contracts The external contracts that directly relate to our work are: - Opportunity Centre, Coleford (0-5 provision) Contact a Family, Cinderford (5-18 activity provision) Carers and Families, Cheltenham (After school activity club) The KEY Information Service (The County Planning Register) James Hopkins Trust (Sitting Service by nurses) Family Advisory Service (MENCAP ‘Transitions’ project) Crossroads Chelt, Forest, Careshare Cots (grant aided) Young Carers Project All the above can be accessed directly by parents. If referral is made by SSD, funding will either be through the contract or additional ‘spot purchase’. Refer to Team or Service Manager if necessary. The Meadows & Rendezvous, Stroud The Collies, Coleford (NCH short break provision) (NCH short break provision) Accessed only through social work assessment and Family Support Panel. 7. Use of Discretion There is a balance to be struck between an overly bureaucratic system which allows no flexibility and one which only provides token co-ordination after events have taken place. The principles underlying decision-making are: Children should be based as close to their home address as possible Services should be inclusive wherever possible Equality issues are addressed and access to services for disadvantaged groups promoted The preferred provision for all children is community based (eg Outreach) or family based alternatives – Childminding, Family Link. Residential provision should be targeted at children who cannot access other provision and where this will meet their needs – eg older children, children with high dependency needs 10 The views and wishes of children, young people, parent/carers and siblings will be taken into account as part of the decision-making process. The priority matrix will be used There will be times when managers will need to make quick decisions when there is an emergency or urgent need. NCH managers may need to check with an SSD manager with reference to the contract. 8. Multi-Agency Working Agreement has been reached between NHS, Education and Social Services to integrate services for disabled children by September 2005. A Project Manager has been appointed to help plan and implement change. 9. Implementation All aspects of this policy and guidance are implemented 10. Monitoring and Review This policy and these procedures will be reviewed on an annual basis and a report submitted to the Child Care Management Team 11