preparing for adulthood protocol. date: june 2017. … · web viewthese are the benchmark and must...

Bedford Borough in partnership with the Parent Carer Forum

Preparing for Adulthood Protocol

for

Young People with Special Educational Needs and Young People with Disabilities

Progressing from Childhood to Adulthood

ContentsForeword………………………………………………………………………………..

Vision ………………………………………………………………………………….. 7

What Does A Good Transition Look Like: …………………………………………. 10

Involving Young People In Decision Making: ……………………………………… 15

What Is The Mental Capacity Act? …………………………………………………. 16

What Is A Deprivation Of Liberty? ………………………………………………….. 22

Children's Participation ………………………………………………………………. 24

The SEND Team ……………………………………………………………………… 27

Education, Health and Care needs assessment:………………………………… 27

Monitoring of Education, Health and Care Plans: ……………………………… 28

The Local Offer ……………………………………………………………………….. 30

Children's Social Care ……………………………………………………………….. 32

Adult Social Care ……………………………………………………………………... 40

Health Professionals…………………………………………………………………. 42

Schools ………………………………………………………………………………… 44

Colleges/Post 16 Providers …………………………………………………………..

Housing and Supported Housing …………………………………………………… 48

Leisure Services ………………………………………………………………………Year 8 (12-13 years)………………………………………………………………….

Year 9 (13-14 years) …………………………………………………………………

Year 10 (14-15 years) ……………………………………………………………….

Year 11 (15-16 years) ………………………………………………………………...

Year 12 (16-17 years) ………………………………………………………………...

Year 13/14 (17 -25)

Key Legislation for Multi-Agency Working and Protocol …………………………..

Foreword On behalf of Bedford Borough Council and partner agencies we are pleased to

Present our Preparing for Adulthood protocol. This protocol has been produced in

order to improve the transition process for children and young people with special

educational needs and disabilities as they move from childhood to adulthood.

Every young person’s preparation to move into adulthood will be different; each

person will have very different personal circumstances and aspirations. We

acknowledge that Preparing for Adulthood is a process not a single event, and a

flexible approach using aspects of this protocol relevant to each young person will

be required in order to create good person-centred experience for each individual.

Preparing for adulthood can be an anxious time for young people and their

parent/carers. They may be unsure about what to expect and what help may be

available in order to plan for the future. There may be uncertainty about the roles of

different agencies and the support that can be given.

This protocol is a point of reference for young people, parents/carers and

professionals; outlining the vision, values, roles and responsibilities of the agencies

involved in their education health care plan, whilst having access to a seamless and

specialist service, ensuring that they are fully supported and able to develop a clear

pathway into adulthood.

This support will include earlier planning, access to consistent information, access to

supported employment services and wider local options for appropriate education

and training. It is also essential that a clear and fully coordinated move into adult

services is planned and at the most appropriate transition point suitable to the young

person.

We will use this protocol to ensure that a multi-agency and person centred approach

is in place; to ensure the individual outcomes we aim to achieve with children and

young people will enable them to take their place as valued adult citizens of Bedford

Borough; where their voices are heard, they continue to learn and develop as they

gain greater Independence, control and choice of their lives.

Preparing for Adulthood Protocol. Date: June 2017. Version 3Preparing for Adulthood Protocol. Date: June 2017. Version 3

Kate Walker Colin Foster

Director of Adults’ Services Director of Children’s Services

Preparing for Adulthood Protocol. Date: June 2017. Version 3Preparing for Adulthood Protocol. Date: June 2017. Version 3

VisionIt is our vision to give all Bedford Borough young people with special

educational needs and/or disabilities the best chance to lead fulfilling and

meaningful lives as they move in to adulthood.

We recognise that to achieve this we need effective joint working across

partner agencies and we need to ensure that young people and their

parents/carers are at the heart of the process.

Intended Audience These protocols are relevant to all families and young people, professionals

and agencies in Bedford Borough who have a responsibility for ensuring

young people with Special Educational Needs and Disability (SEND) are well

prepared to make a successful transition to adulthood. This includes

professionals involved in planning and commissioning services as well as

those involved in actually delivering them.

Purpose The purpose of these protocols is to:

• make clear our commitment to ensure that young people with SEND

receive appropriate co-ordinated support to help them move from

childhood to adulthood.

• clarify which young people we should offer additional support to

throughout the planning process.

Preparing for Adulthood Protocol. Date: June 2017. Version 3Preparing for Adulthood Protocol. Date: June 2017. Version 3 Page

• set out outcomes, performance measures and standards to be

achieved.

• set up an effective planning and review process.

• set out the roles and responsibilities of all the services supporting

young people to prepare for adulthood.

• support local joint commissioning enabling us to respond to the needs

of the local population to meet the aim of enabling as many young

people as possible to have access to local opportunities.

Scope These protocols apply to young people who:

• have an Education, Health and Care Plan (EHCP) or statement of

special educational needs;

• and/or may have eligible care and support needs under the Care Act

2014;

• and/or receive a service from the Children with Disabilities Team;

• and/or have continuing health care needs.

The protocols apply solely to the transition from childhood to adulthood,

usually commencing at age 14 years or in school year 9 and up to age 25,

depending on the individual needs.

The protocol applies to young people whose support services are managed

by Bedford Borough and includes people living outside the Borough who are

“ordinarily resident” in Bedford Borough for social care or educational

purposes or for whom the local Clinical Commissioning Group (CCG) is the

responsible commissioner.


Aims and OutcomesThe overarching aims of these protocols are to ensure that every young

person has a positive experience of transition and is well prepared for

adulthood.

Preparing for adulthood means preparing for:

• further education and/or employment – this includes exploring

different employment options, such as support for becoming self-

employed and supported internships.

• independent living – this means young people having choice, control

and freedom over their lives and the support they receive, their

accommodation and living arrangements, including supported living.

• participation in society - this means having friends and supportive

relationships, and participating in, and contributing to, the local

community;

• and being as healthy as possible in adult life.

As children grow older, from Year 9 in school at the latest, preparing for adult

life should be an explicit element of conversations with children and their

families as the young person moves into and through post-16 education.


What does a good transition look like?Young people...

• Make decisions and take the lead or are supported by people that can

advocate for them.

• Are supported to plan what they want to do and achieve.

• Are able to access the same opportunities as other young people.

• Have access to local

provision which can

meet their needs.

• Have access to good

public transport services

to enable them to

access services.

• Have access to

independent travel

training where

necessary.

• Have access to live

independently if they

wish.

• Are supported to access

employment.

Young people and their parents/carers...• Are listened to and fully involved.

• Have one point of contact to link with.

• Feel supported.

• Receive consistent messages.

• Have easy access to understandable information.

• See agencies pursue joint plans, but are flexible to accommodate

change.


How will we measure these outcomes?

1. We will measure the number of young adults with Special Educational

Needs and Disability (SEND) who are in education, employment or

training and aim to increase this number.

2. We will measure the number of young people/adults with SEND who

are successfully trained to travel independently.

3. We will measure and aim to increase the percentage of young

people/adults who have a personal budget/direct payment (% of those

who are eligible).

4. We will aim to increase the number of high needs places available

locally in Bedford Borough.

5. We will measure the number of young people with SEND who access

local further education provision.

6. We will measure the number of young adults with disabilities being

supported to live independently within Bedford Borough.

7. We will measure the number of young people/adult service users who

are in employment.

8. These outcomes will be measured annually.


Principles:The protocols are based on the belief that preparing for adulthood should be a

continuous process reflecting the principles set out in the SEND Code of

Practice 2015. Drawing on the key messages from the code, Bedford Borough

and partner agencies are committed to the following principles:-

1. Person-centred transition planning The young person should be at the centre of their preparation for adulthood,

giving them choice and control over their own future ensuring the focus is on

their needs, hopes and aspirations. Person-centred planning and reviews that

support young people to express their views, should inform support planning

and ensure positive outcomes for young people.

To ensure young people’s involvement, the young person’s preferred method

of communication will be used and their support needs taken into account.

Independent representation/advocacy services should be made available to

young people in this regard.

Independent representation/advocacy services should be made available to

parents/carers to support them in the transition planning process.

Details of the local advocacy can be found on Bedford Borough website:

http://www.bedford.gov.uk/health_and_social_care/help_for_adults/

information_and_advice/directory_of_services/advocacy.aspx

and the Local Offer:

http://www.thelocaloffer.co.uk/

2. Involvement and consultation of parents and carersYoung people and their families should be recognised as partners and be

actively involved in planning their future. The experience of young people and

their families should inform strategic planning and commissioning and they


http://www.thelocaloffer.co.uk/

http://www.bedford.gov.uk/health_and_social_care/help_for_adults/information_and_advice/directory_of_services/advocacy.aspx

http://www.bedford.gov.uk/health_and_social_care/help_for_adults/information_and_advice/directory_of_services/advocacy.aspx

should be involved in service reviews/redesigns. This is known as co-

production.

3. Partnership working across agencies A shared vision, which places young people and their families at the centre

and focuses on improving life chances, should be developed across all

agencies.

Agencies must be committed to working together and have a clear

understanding of the specific roles and responsibilities of all the key agencies

involved in preparing young people for adulthood.

The protocols and procedures for transition services will ensure minimum

duplication of assessment and planning activity for young people,

parents/carer and professional staff.

4. Provision of accessible and clear information All agencies will indicate what support people can expect and what can be

done to meet and reduce needs.

A range of information will also be made available to parents/carers and

young people through the Local Offer and all agencies have a responsibility to

ensure their information is up to date and accessible.

5. Working towards positive outcomes Preparation for adulthood should keep focussed on life outcomes, promoting

independence and supporting young people to lead meaningful and enjoyable

adult lives. This includes consideration of personal budgets and travel training

for example.

6. Early assessment and transition planningTransition plans start as early as possible but no later than year 9 (aged 14

years) and as required by legislation continues to the age of 25 years for


those young people in receipt of an Education, Health and Care Plan (EHCP).

The EHCP must ensure that the young person is settled into adult life and

receiving services appropriate to their needs.

Transition planning facilitates more responsive and flexible forward planning.

Information from EHCP’s will be captured to support commissioners to

develop services and support young people and their families to have realistic

expectations about options for their adult lives.

7. Quality and monitoring Accurate monitoring ensures all young people are tracked and none "fall

through the net". Mechanisms are in place to ensure the quality of provision

meets appropriate standards and that the transition process is as effective as

possible.

Agencies should share relevant information with each other and with

commissioners to ensure the transition process is smooth and that services

and opportunities can be planned and developed to meet the needs of young

people as they move into adulthood. Information must be accurate and timely

and shared in adherence to data sharing principles.


Involving Young People in Decision MakingArticle 5 of The United Nations Convention on the Rights of the Child

(UNCRC) introduces the concept of young people’s ‘evolving capacities’.

Young people are not a homogenous group and their age cannot be the only

factor we consider when we determine the involvement they should have in

matters affecting them. Each Young Persons level of competency will also

depend upon a variety of other factors – for example, the environment or

culture they were brought up in, their access to education, level of maturity,

and their physical and mental wellbeing.

As adults, we need to find a balance between enabling young people to

develop and become active agents in their own lives and communities and

ensuring their protection. We need to be sensitive to each young person’s

capacity and adapt the way we work with that individual accordingly. We are

committed to working with all young people, including the most marginalised;

therefore, we should always take an approach that suits the understanding

and capacity of each young person.

When a young person reaches the age of 16 they are presumed to have the

capacity to make their own decisions under the Mental Capacity Act 2005

(MCA). All those involved in supporting a young person are obliged to have

regard to the MCA Code of Practice.


What is the Mental Capacity Act?An overviewThe Mental Capacity Act (MCA) applies to everyone aged 16 or over, so

parents of a young person with a disability or condition which may affect a

person’s capacity (such as a Learning Disability), should have relevant

information and understand the Mental Capacity Act’s potential implications

for themselves and their son or daughter.

Mental capacity is the ability to make decisions. This could be fairly small

decisions like what we eat or the clothes we wear, or could be much bigger

decisions, for example where we live and who we live with. Capacity is based

on a single decision at a single time, so some people may have fluctuating

capacity, meaning they can make a decision one day and not the next

depending on their wellbeing. The Mental Capacity Act 2005 sets out what

should happen when people are unable to make one or more decisions for

themselves.

The MCA is underpinned by 5 key principles. These are the benchmark and

must underpin all actions carried out and taken in relation to the MCA. The

MCA clarifies how and when to assess capacity and 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.

The parents of a young person who is unable to make a decision are likely to

be involved in:

• Supporting them to make a decision.

• Supporting them during an assessment of their mental capacity.

• Making a decision or acting on their behalf.

• Being consulted when someone else makes a decision or acts on

behalf of their young person.


• Challenging a decision made on a Young Persons behalf.

Decision making and Education, Health and Care Plans (EHCP) Specific decision making rights about EHCP’s apply to young people directly

from the end of compulsory school age (the end of the academic year in

which they turn 16). These are the right to:

• request an assessment for an EHCP;

• make representations about the content of their EHCP;

• request that a particular institution is named in their EHCP;

• request a personal budget for elements of their EHCP;

• appeal to the first-tier tribunal (SEN and Disability) about decisions

concerning their EHCP.

The right of young people to make a decision is subject to their capacity to

do so as set out in Mental Capacity Act 2005. This means that where there

is disagreement about a young person’s capacity to make these decisions,

between professionals, parents or the young person themselves, or where

there is concern that a young person lacks capacity, a Mental Capacity

Assessment should be carried out. In the case of decisions relating to an

EHCP this process will normally be lead by the local authority, however to do

this they will need advice from a range of people involved in a young person’s

care.

What is Supported Decision Making?The SEND Code of Practice: 0 to 25 years states:

“As young people develop, and increasingly form their own views,

they should be involved more and more closely in decisions about

their own future. After compulsory school age (the end of the

academic year in which they turn 16) the right to make requests

and decisions under the Children and Families Act 2014 applies to


them directly, rather than to their parents. Parents, or other family

members, can continue to support young people in making

decisions, or act on their behalf, provided that the young person is

happy for them to do so, and it is likely that parents will remain

closely involved in the great majority of cases.”

In order to effectively support someone to be involved in decision-making you

have to know and understand them and appreciate their individual perspective

on their life. Embedding personalisation and person-centred approaches into

all interactions with children and young people is key to ensuring that young

people are prepared and able to participate, and are supported to make

informed decisions.

It is vital to start preparing young people for decision making early. From a

young age most children are making small decisions, such as what to have for

breakfast or what to wear, and gradually building their confidence and taking

more choice and control over their lives. This should be no different for

disabled children and young people.

What does it mean in practice?Local authorities must ensure that:

• Young people are involved in developing the Local Offer.

• Young people are actively involved in the Education, Health and Care

(EHC) planning process and are enabled to participate fully in

decisions about the outcomes they wish to achieve.

• that the focus is on positive life outcomes for young people, using

person-centred approaches, enabling them to be as independent as

possible.

• Young people receive confidential and impartial information, advice

and support.

• Information needs to be accessible and available in a range of formats

including easy read.


• Independent Advice & Support (IAS) should be available face-to-face

for young people that want or need this.

• Information needs to be age appropriate.

There are 5 key principles underpinning the MCA. Principles 1 to 3 will

support the process before or at the point of determining whether a young

person lacks capacity. Once a decision is made that capacity is lacking,

principles 4 and 5 are used to support the decision making process.

Principle 1 - Assume CapacityA young person must be assumed to have capacity until proved otherwise.

Generally, we ask young people to “prove” that they can do something/be

trusted with something before we allow them to make the choice to do it. The

MCA tells us that we must think about things the other way round – that we

must always presume that a young person has the capacity to make a

decision about doing something unless it is proved otherwise. No one should

assume that a young person can’t make a decision because they have a

Special Educational Need (SEN) or disability;

Principle 2: All Practicable Support A person must not be treated as unable to make a decision/without capacity

unless all practicable steps to help them to do so have been taken without

success. When we think about what “all practicable steps” means for a

particular young person, we should also think about when we need to start

taking those steps. If we know that in the future a decision needs to be made,

we can start work now to maximise the young person’s capacity to make the

decision.

One of the ways in which we can maximise the likelihood that a young person

will have the capacity to make a decision when they reach 16 is to ensure that

making choices is part of their lives from a very early age. Developing a

specific “Choice Curriculum” in schools that promotes choice making and that

builds skills in understanding options and thinking about the benefits and risks

of choices.


Parents need to empower their children to make decisions for themselves and

to make best Interests decisions where this is not possible. Agencies need to

provide information on the MCA so they can start planning for decision

making by and on behalf of their children well before they reach 16 when the

Act becomes applicable.

Principle 3: Unwise Decisions A person must not be treated as unable to make a decision merely because

they have made an unwise one. The MCA upholds the right of capacitated

people to make unwise decisions. This includes decisions that are/could

harmful to the person.

It can be hard for those working with very vulnerable and still very young

people to support unwise decision making – recognising that “best interests”

decisions should not be made if a person is deemed to have capacity to

choose for themselves can be a challenge if the result may be harmful to the

person. Balancing the implications of the MCA, our duty of care and our

responsibilities under safeguarding procedures can be difficult especially if

families are struggling and challenge us.

Principle 4: Best Interests If an act is done, or a decision taken, on behalf of a person who lacks capacity

it must be done, or made, in their best interests. Often, we will know an

individual child is likely to have capacity to make some “day to day decisions”

when they reach 16, but is unlikely to have the capacity to make bigger

decisions. If we know this about a child, and we know that “big” decisions will

need to be made, we should ask not only what we can do to maximise the

possibility of capacity, but also “What can we do now to ensure that a future

decision maker has good evidence on which to base a best interests

decision?” • What do we know about what the person enjoys or really doesn’t

like? What matters to the child? What evidence do we have for this? What

other evidence could we find? • What more can we learn about them to inform

decision making?


Principle 5: Least Restrictive

Any act done, or a decision made, in a person’s best interests, must be the

least restrictive of the person’s rights and freedom of action. This principle

links inextricably with Principle 4. The Preparing for Adulthood agenda,

(SEND Reforms), puts emphasis on planning for maximum independence for

young people from year 9, (age 14). All EHCP reviews must have a Preparing

for Adulthood focus from this age. Identifying, and planning for, the least

restrictive option for a young person approaching adulthood is central to this

agenda. Recognising early on that a young person is likely to need

supervision/support in order to stay safe and meet their outcomes post 16,

and that they are unlikely to be found to have capacity to consent to this

support, allows us to begin the search for the least restrictive way to meet

their outcomes in good time.


What is a Deprivation of Liberty? The Deprivation of Liberty Safeguards (DoLS) were introduced into the Mental

Capacity Act (MCA) 2005 through the Mental Health Act 2007 – they came

into force in England and Wales in 2009.

The safeguards were introduced to provide a legal framework around

deprivation of liberty in a care and treatment setting, and to prevent breaches

of the European Convention of Human Rights (ECHR).

In 2014, an important judgment was made by the Supreme Court. The Court

clarified deprivation of liberty for the purposes of Article 5 (right to liberty and

security) of the ECHR occurs in the following circumstances:

The person lacks the capacity to consent to their care arrangements.

They are under continuous supervision and control.

They are not free to leave the place they are in, and;

their confinement is the responsibility of the state.

The phrase “continuous supervision and control and not free to leave” is

commonly referred to as the Acid Test.

The Court also clarified that a person can be deprived of their liberty in other

locations and relate to young people aged 16 years and over. Other locations

may include people living in foster placements, residential schools and their

own homes.

As DoLS does not cover locations other than a care home and hospital, legal

authority must be sought from the Court of Protection (for young people aged

16 years and over) or the High Court for young people aged 15 years and

under.


Advice re Deprivation of Liberty in 16/17 year olds Before a child with disabilities reaches the age of 16, the social worker from

the Children with Disabilities Team or the SEND worker should consider their

living arrangements to see whether they will subsequently amount to a

deprivation of liberty. If this is the case, and the young person lacks capacity

in relation to this, an application to the court should be considered since the

parents’ consent to the deprivation of liberty will no longer be sufficient to

authorise the deprivation of liberty upon the date of their 16th birthday.

In the case of children subject to interim or care orders, Bedford Borough will

consider whether any Children in Need or Looked after Children are,

(especially in foster care or residential placement), subject to restrictions

amounting to a deprivation of liberty. An application to the court will be made

as the LA cannot consent to a deprivation of liberty.


Children’s Participation

The Children and Families Act 2014, the Special Educational Needs and

Disability (SEND) Code of Practice and supporting regulations place duties on

local authorities and health services to fully participate and co-produce

services with children and young people with SEND and their families.

‘The Act places the views, wishes and aspirations of children,

parents and young people at the heart of the system and requires

a culture change in the ways in which professionals work with

families and with each other.’ - Edward Timpson, Parliamentary

Under Secretary of State for Children & Families’.

A culture change is required in the way children and young people are

involved in decision-making. Current structures and approaches to

participation, planning services and making decisions about individuals care

and support needs are often inaccessible to children and young people with

disabilities, especially those with special educational support or

communication needs. There are many different approaches that can be

taken to involve children in your work.


Model of child participationExperts and practitioners in the field of child participation have created models

to help adults and children analyse the level at which children are involved.

Most of the models have attracted some criticism over their definitions of the

various levels and you may find some more helpful than others.

re ofHart’s ‘Ladder of Participation’Hart’s ‘Ladder of Participation’ was adapted from other models by Roger Hart

in 1992. Hart’s Ladder displays different sequential levels of non-participation

and participation ranging from ‘manipulation’ at the bottom to ‘child-initiated,

shared decision-making with adults’ at the top. The bottom three rungs are

actually ‘non-participation’ and should be avoided.


Degrees of involvementLevels of non-participation (to be avoided):

Rung 1: ManipulationAdults have complete control and often don’t work in the best interests of the

child. Children have no say on anything and no power to make their own decisions.

Rung 2: DecorationChildren are used to look good or bolster a campaign or programme.

Rung 3: TokenismTokenism is when children’s involvement in an activity is not made meaningful for

them. They may appear to be given a voice, but they have little say on the topic or

on the way their views are communicated.

Rung 4 Assigned but informed

Adults decided on the project and children and young people volunteer

for it. Adults respect their views.

Rung 5 Consulted but informed

The project is designed and run by adults but children and young

people are consulted. They have a full understanding of the process and

their opinions are taken seriously.

Rung 6 Adult initiated shared decisions with children and young people

Adults have the initial idea but children and young people are involved in

every step of the planning and implementation. Not only are their views

considered, but they are also involved in taking the decisions.

Rung 7 Children and young people are directed

Children and young people have the initial idea and decide how the project

is carried out. Adults are available but do not take charge.

Rung 8 Children and young people initiated, shared decisions with adults

Children and young people have the ideas, set up the project and invite

adults to join them in making decisions.


Roles and ResponsibilitiesThis section sets out the specific commitments from each agency with

responsibility for preparing young people for adulthood to enable young

people to experience a good transition.

Please note there is no dedicated transition service in Bedford Borough as

preparing young people with SEND for adulthood is everyone's business.

The SEND Team

The Special Educational Needs and Disability (SEND) Team, is part of

the School Support Service for Bedford Borough Council. They perform two

key roles, Education, Health and Care (EHC) needs assessments and the

monitoring of the EHC plans. The SEND Team also have main responsibility

for ensuring the Local Offer is maintained and achieving its objectives.

Education, Health and Care needs assessment:The team deals with requests for Education, Health and Care (EHC) needs

Assessment. They explain how the process works and provide

parents/carers/young people with information about services that can support

them. If they agree to carry out an assessment, they will gather information

about the child/young person from educational settings, parents and other

professionals within agreed statutory timescales. When the assessment is

complete, they will decide whether to write an Education, Health and Care

plan for the child/young person.


The purpose of the EHC plan is to make special educational provision to meet

the special educational needs of a child or young person, to secure the best

possible outcomes for them across education, health and social care and as

they get older to help prepare them for adulthood. EHC plans should be

forward looking, take account of the views and aspirations of the child/young

person and support them in achieving desired outcomes.

The EHC needs assessment should be an holistic assessment of the child or

young person’s education, health and social care needs. The assessment

process should as far as possible be a “tell us once approach” so that

children, young people and parents do not have to repeat the same

information to different agencies or different practitioners within the same

service. Where it is practical and appropriate to do so EHC needs

assessments should be combined with both non statutory (i.e. early help) and

statutory (e.g. section 17 Child in Need) assessments.

More information on the EHC needs assessment can be found on Bedford

Borough Website or by clicking on the link Education, Health and Care Needs Assessment leaflet .


http://www.bedford.gov.uk/pdf/AS013_15_A5_SEND_Leaflet_5_PRESS.pdf

http://www.bedford.gov.uk/pdf/AS013_15_A5_SEND_Leaflet_5_PRESS.pdf

Monitoring of Education, Health and Care plans:Once an EHCP has been written and finalised The SEND Teams

responsibility to monitor the provision outlined on it, through the Annual

Review process, the Annual Review meeting is organised by the educational

setting eg school or college that the young person attends. To do this they

gather key relevant information about the child/young person’s needs and

progress that will ensure statutory obligations are met.


EHC plan reviews should be synchronized with social care plan reviews and must always meet the needs of the individual child(Section 10.20 SEN and Disability Code of Practice

Where there is no current social care involvementThe SEND team have to consider social care needs as part of the EHC needs

assessment process and advice should be sought from social care even when

there is no social care involvement If social care needs are identified a

referral should be made to social care.


The Local OfferThe Local Offer is an access point for parent/carers, children and young

people aged 0-25 years. It provides clear comprehensive and accessible

information about support and opportunities available in education, health and

social care services in the Bedford area.

The SEND Team is responsible for:

Ensuring that the Local Offer is kept up to date and is maintained. They will

ensure that the Local offer is co-produced by involving parents and young

people are involved. The Local Offer relies on all agencies to ensure they

inform the SEND team of any changes/additions and also all agencies need to

ensure that they promote the Local offer and inform children, parent and

carers about this valuable information source.

• Will maintain the Preparation for Adulthood database and update this

at the start of each academic year to ensure it is an accurate record of

all young people aged 13 plus. This will capture information related to

young people up to the age of 25 who remain in educational provision

with an EHC Plan to ensure people don’t “fall through the net”.

• Send a list of all pupils with an EHC Plan in years 8 to 14 to other

Disability Service Team Managers with responsibility for social care as

required. The list will include name, date of birth, National Curriculum

Year Group, primary SEN, school, home address and type of school

(mainstream, resourced or special) to ensure young people requiring

access to social care services are known about as early as possible.

• Provide and regularly update guidance for schools, colleges and post

16 providers on Transition Planning and Preparation for Adulthood.


• Keep up to date the Local Offer information on preparation for

adulthood and the information provided to young people and their

families.

• Arrange joint visits with Social Care where appropriate and ensure that

longer term planning and decision making processes are made clear to

the school/placement, the parents/carers and the young person.

• Attend as a priority Preparation for Adulthood reviews for those

learners moving on at the end of the academic year in year 11, year 14

and those leaving college or other post 16 providers.

• Update EHC Plans following year 9 reviews and beyond to ensure

there is a clear focus on preparation for adulthood within the outcomes

and targets that are being set for the young person and ensure any

commissioned services are focussed on developing independence.

• Consult colleges and other Post 16 education providers about offering

places to young people with EHC Plans within timescales to ensure

statutory deadlines for finalising the plans are adhered to i.e. 31st

March each year.

• Supply data to the local colleges and the post 16 education providers

on an annual basis, subject to an appropriate data sharing agreement

being in place.

• Collect data on destinations of young people finishing school in year

11, record intended destinations for all young people with a

Statement/EHC Plan during Year 11 and confirm details after the

young person has left school.

• Update the Preparation for Adulthood database accordingly with

funding and destinations for leavers from schools and colleges.


• Inform adult social care teams of destinations of all young people with

Statements/EHC Plans who have left school and who have care and

support needs.


Children’s Social CareFor Children and Young People who Are Receiving Support from Children Services

Children’s Social Workers will begin to talk to the young person and their

family about the future, what the young person may want to do and in

particular about future support needs from aged 14 onwards.

Children’s Social Workers will share and signpost information about preparing

for adulthood with the young person and their family and carers. This will

include:

• The process for moving into adult support.

• Eligibility criteria.

• Future support options.

• Housing and where to live.

• Others who may offer advice and support.

• Information on education, work and training options.

• Things to do.

• Benefits and other money matters.

• Direct payments as an adult.

• Health.

• Transport.

• Developing independence.

• Rights.

• Decision making.

• Keeping safe.

• What is different about being an adult.

The Children’s Social Worker will talk about and share information with

parents and carers about what it might mean for them when their son or

daughter becomes an adult. This will include:


• Parental role and carers role.

• Role in decision making.

• Rights.

• Safeguarding.

• Money – benefits, motability scheme, tax credits.

• Support for carers.

• Others who can offer advice, information and support.

The Children’s Social Worker will also talk to and offer support for other

members of the family.

The Children’s Social Worker and SEN Advisor will visit jointly to offer advice

and plan jointly around future support, educational and work options.

The Children’s Social Worker will ensure that the social care support offered

is in line with the outcomes agreed in the Education, Health and Care Plan.

This may include:

• Learning new skills.

• Trying experiences and new things.


• Developing a growing independence and making decisions.

• Use of technology to become and stay more independent.

• Developing habits, skills and routines that will be of use in education,

work or training when the young person leaves school.

• Ensuring that support is provided in a progressive manner with the aim

to always maximise a child’s independence at appropriate

developmental stages of a child’s/young person’s life, in preparation for

adulthood.

The Children’s Social Worker will ensure the young person’s details are

entered on the preparing for adulthood database to enable services to plan to

meet future needs


From Age 16

The Children’s Social Worker and SEND Advisor will make a referral to Adult

Social Care for an assessment. They will try and identify the most appropriate

adult team.

They will work jointly with the Adult Social worker to develop an adult social

care support plan for when they are 18. This may include:

• Using new services as appropriate.

• Continuing to use some of the same services or doing the same

activities they are already doing that are appropriate to carry on with

(for example after school activity club until young person leaves school,

social care accommodation linked to a school placement, residential

short breaks).

If the young person is not eligible for adult services then the Children’s Social

Worker must ensure that information and advice has been provided on

universal services and how to seek support in the future if needed.

The Children’s Social Worker will cover the following areas as needed:

• Mental capacity assessment.

• Any Deprivation of Liberty issues.

• Refer to Independent Mental Capacity Advisor (IMCA) service if there

is no family involved.

• Best interests meeting where necessary.

• Ensure young people and family have information to seek independent

advice on benefit entitlements.

• Request Financial and Benefits Assessment (FABA) by the age of

17.5.

• Refer any young person in receipt of Children’s Continuing Care (CC)

funding to the Adult Continuing Health Care (CHC) team by age 17.


• The Adult Continuing Health Care team will take the young person

through the adult process in readiness for their 18 birthday.

• Families will be offered the opportunity for a Carer’s Assessment to be

completed.

By the age of 17.5 years at the very latest the Adult Social Worker, working in

partnership with the young person and their family/carer will finalise the adult

support plan that meets their current and longer term adult eligible support

needs as identified in the assessment.

Workers from adult teams/services may attend EHCP or other planning

meetings or do joint visits with children’s workers as part of getting to know

the young person.

The Adult Social Worker will ensure that any new adult provision is

commissioned with a start date of the young person’s 18th birthday at the

latest and complete the necessary paperwork.

The adult team will check everything is in place. Adult Social Care will take

over the care management and funding responsibility at the young person’s

18th birthday.

From Age 18 The Adult Care Manager will continue to work with the young adult, their

family and carers and others to enable the ongoing journey into adulthood.

The Care Manager will ensure that the social care support offered is in line

with the outcomes agreed in the Education, Health and Care Plan (EHCP)

and may include:

• Continuing to learn new skills.


• Continuing to develop independence.




• Continuing to develop habits, skills and routines that will be of use in

education, work or training.

• Ensuring that support is provided in a progressive manner.

• Thinking about and planning for future housing, support and work

options as the young adult grow into adulthood.

Adult Care Managers will attend Education, Health and Care Planning

meetings.

Young person, their family and carers, Care Managers, education, Additional

Needs Advisors, health and others to continue to work together through the

EHCP process to identify and work towards current and future outcomes.

For Children and Young People who Are Not Already Receiving Support from a Children social worker

There will be children and young people who are not receiving social care

support as children but who may have special education needs and

disabilities and will or may need social care support as adults. These young

people may:

• Have an Education Health and Care Plan but not social care support.

• Have some other targeted educational planning.

• Have health needs but no social care needs as a child.

• Have needs that are met at school and home as a child but social care

needs emerge as they become older.

These young people and their families and carers will want and benefit from

support to prepare for adulthood and will have contact with education or

health professionals. We need to assess their need and eligibility for adult

support and ensure that any support needed is in place in a timely fashion if

applicable.


Education, Health, or others involved to raise with young person and their

family the need to begin thinking about preparing for adulthood. If the young

person has an EHCP this will be via this process.

Share with and signpost to information about preparing for adulthood with the

young person and their family and carers. This will include:

• Future support options.

• Housing and where to live.

• Others who may offer advice and support information on education,

work and training options.

• Things to do.

• Benefits and other money matters.

• Direct payments as an adult.

• Health.

• Adult social care support.

• Social Care Eligibility criteria.

• Transport.


• Rights.

• Decision making.

• Keeping safe.

• What is different about being an adult.

Education, Health, or others involved to discuss with young person and family

whether there may be a need for social care support as an adult. This may be

via the Education Health and Care Plan process, other planning meeting or

individually.

They will ensure that for those who may need social care support as an adult

the details are entered on the preparing for adulthood database to enable

services to plan to meet future needs


The meeting will allocate young people to the appropriate adult team before

the age of 16 if possible or as soon as the need is identified if the young

person is over 16.

From Age 16 The identified Adult Team will work with the young person from age 16 to

start discussions with the young person and their family about preparing for

adulthood.

The Adult team will:

• Support the young person and their family to think about and plan

for adulthood and ensure they have the information described

above.

• Complete an assessment against adult eligibility criteria.

• Attend the EHCP or other joint planning meeting.

• For those young people who may require social care support

ensure that the assessment and support plan is incorporated in the

EHCP.

• Carry out all the actions identified above to Develop an adult

support plan by age 17.5 or as needed.

• Ensure support is in place by 18th birthday or as needed.

The Care Manager and SEND Officer will visit jointly to offer advice and plan

jointly around future support, educational and work options.

If a current social care need is identified before the young person’s 18th

birthday the Adult Team will make a referral to Children's Social Care in the

usual way via the Multi Agency Safeguarding Hub (MASH).

If it is felt that a young person has been allocated to a team that is not the

appropriate one to meet their needs the team identified as the first point of

contact should continue to provide support until transfer to a more appropriate

team has been agreed.


If the young person is not eligible for adult services then the assessing Social

Worker must ensure that information and advice about universal services has

been provided as well as information about how to request support in the

future.

From Age 18 The adult care manager will continue to work with the young adult, their family

and carers and others to enable the ongoing journey into adulthood.

The care manager will ensure that the social care support offered is in line

with the outcomes agreed in the EHCP and may include:

• Continuing to learn new skills.




• Use of assistive technology.

• Continuing to develop habits, skills and routines that will be of use in

education, work or training.

• Ensuring that support is provided in a progressive manner.

• Thinking about and planning for future housing, support and work

options as the young adult grows into adulthood.

Adult Care Managers will attend Education, Health and Care Planning

meetings.

Young person, their family and carers, Care Managers, education, Additional

Needs Advisors, health and others to continue to work together through the

EHCP process to identify and work towards current and future outcomes.

For Young Adults over 18 who may have a need for Adult Social Care Support as they move into Adulthood


Our intention is that most young people who need it will have received support

in preparing for adulthood before they are 18 and into adulthood.

However, there may be occasions where this has not happened for young

people. They may be new to the area or their need for adult social care

support emerges after they have turned 18.

When this is the case the young person or someone on their behalf can

request an assessment via the Contact Centre.

If eligible they will be allocated to the most appropriate team to meet their

needs and receive the support identified above.

If the young person is not eligible for adult services then the assessing Social

Worker must ensure that information and advice about universal services has

been provided as well as information about how to request support in the

future.


Adult Social CareYoung people with Special Educational Needs (SEN) or disabilities turning 18

may become eligible for adult social care services, regardless of whether they

have an EHC plan or whether they have been receiving services from

Children’s Social Care.

• Take an active role in the planning and preparation of a young person

for adulthood, enabling transition of formal statutory support within the

framework of the Care Act; ensuring Care Act transition assessments

take place where necessary and at the right time for the young person.

• Work with all agencies to identify the most appropriate support

interventions that meet needs, wishes and aspirations in the context of

eligibility and available resources.

For those already receiving support from Children’s Services, the Care Act

makes it clear that local authorities must continue to provide children’s

services until adult provision has started or a decision is made that the young

person’s needs do not meet the eligibility criteria for adult care and support

following an assessment. Children’s services must not be discontinued simply

because a young person has reached their 18th birthday.

Arrange the provision of preventative resources that can be accessed by

those who require support but who do not have eligible needs (under the

Care Act 2014).

Ensure a diverse and high quality range of services to meet assessed care

and support needs.

Provide information and advice on the range of services available. They

should include in their Local Offer relevant information and advice on local


provision and how to receive an assessment for transition to adult care and

support.

That assessment and review processes for both Care plans and EHC plans

are aligned; that there is effective integration with health services. Young

people and

their families should not be expected to repeatedly provide duplicate

information to different services, or to attend numerous reviews, or receive

support that is not co-ordinated and joined up.

Prioritise attendance at transition reviews from Year 12 (age 16) onwards for

young people who meet the criteria for adult social care.

Managers from Adult Teams to attend transition planning and tracking

meetings involving schools, Health, SEND. These meetings will track

progress through transition, identify potential high cost learners, inform

capacity building and ensure that relevant services are engaging in a timely

manner.

Aspire to ensure young people, parents and carers are informed 12 months

before the young person’s 18th birthday whether or not they will be eligible

for support from Adult Social Care.

Assumes financial responsibility for those eligible for social care provision to

meet the eligible needs of the young person on their 18th birthday.

*Please note: as per the Care Act, a later date can be agreed between

children’s and adult services.

Reviews provision six weeks after a young person’s care transfers to Adult

Services and arrange subsequent reviews as appropriate.

Ensures carers’ needs are appropriately assessed, services provided as

appropriate and reviewed.


Ensures that good quality, up-to-date information is available to young

people, parents and carers about the services provided by Adult Social Care.

Where appropriate this could be joint information provided with Children’s

Services.

Contributes to the Local Offer website regarding information on Adult

Services. Ensures information is up-to-date.

Health Professionals

Ensure services are commissioned to meet the health needs of young adults

ensuring services are commissioned with the capacity to contribute fully to the

needs assessments, transfers and review processes and aim to develop

independence.

Provide updated advice where required for young people in year 9 and above

who are known to the team and share information between agencies in

accordance with the young person’s/parental wishes.

Ensure that relevant health professionals attend annual reviews from year 9

where a young person is likely to need health care support on leaving school,

in order to advise on how the young person’s health needs may impact on

future placements and how health services can support the development of

skills for independence.

Facilitate the transfer to Adult Health Care Services and ensure that referrals

to relevant services are made in good time so that there is no gap in service

provision.

Liaise with the CCG to resolve any difficulties about responsibility for the

provision of health services which may arise in the case of young people

placed in out of authority schools or colleges.


Ensure that young people who have continuing health care (CHC) funding are

considered by the Adult Continuing Care Panel in good time before their 18th

birthday.

Ensure that continuing health care checklist and plans are completed in a

timely manner as set out in the guidance. Ensure that continuing health care

services and plans are arranged and ready to commence on transfer.

Contribute to the Local Offer website regarding information on health services.

Ensure information is up-to-date.

Contribute to the Local Offer as required to ensure that up to date health

information, advice and guidance is available for young people and families.


Schools Schools in Bedford Borough including Academies and out of authority schools

which are commissioned by BBC to provide education to BBC young people

will:

Focus on the development of the skills for independence as young people are

preparing for adulthood.

Provide access to impartial careers advice and guidance for all young people

to support their families with options and decisions on next steps.

Arrange Preparation for Adulthood Reviews for pupils with statements or EHC

Plans in Years 9 and above, ensuring that dates are agreed with young

people, their parent/carers and professionals whose attendance is essential

e.g. the school careers adviser, social worker if involved and health

professionals and SEND Team where appropriate.

Conduct Preparation for Adulthood Reviews in a person centred way to

ensure meaningful involvement of the young person and their parent/carers.


Suggest amendments to the EHC Plan to ensure it includes outcomes with a

focus on preparation for adulthood and successful transition and include any

upto date relevant professional reports received since the last review.

Hold Annual reviews in the Autumn term for young people intending to leave

school in Years 11, 12, 13 and 14 who intend to move onto further education

and training and to facilitate the process of updating the EHC Plan to support

transfer to college within statutory timescales.

Inform the SEN Team of all young people with EHC Plans leaving school with

details of intended destinations by the beginning of the academic year the

young person plans to leave school to ensure timely planning and preparation

for their next steps.

Where the young person is moving on to college, another post 16 educational

placement or a social care day opportunity, support information sharing and

ensure appropriate transition arrangements are in place eg supporting the

young person and parents in applying for a placement, arranging taster days

and visits.


Colleges/Post 16 Providers It is our aim to promote lifelong learning and as such we would like young

people to be able to access further education on leaving school. This will

ideally be available in the local area. Staff working in local colleges or post 16

providers will:

• Ensure there is a focus on young people developing their skills for

independence.

• Provide access to impartial careers advice for young people already in

college including those with SEND.

• Use data supplied by the Preparation for Adulthood Forum to predict

demand for courses/provision that is being commissioned and plan


accordingly, allowing time to ensure information can be disseminated

to professionals working with young people. Courses should respond to

demand and consider the whole range of a young person’s needs.

• Provide an appropriate variety of courses to meet a wide range of

needs for local young people with SEND and keep this provision under

constant review with the Local Authority commissioners.

• Ensure that information is made available to schools, the SEN Team

and the Family Information Service on courses which are available.

Contribute to the Local Offer to ensure that young people and families

have access to up to date information, advice and guidance.

• Attend school open evenings to ensure that information is

disseminated as widely as possible.

• Work with schools to ensure appropriate arrangements are in place for

the successful transition of young people from school to college and

other post 16 placements, including link courses where appropriate.

• Ensure that staff receive appropriate training to develop their skills to

include young people with disabilities and increase their confidence at

implementing appropriate inclusive strategies.

• Ensure sufficient experienced staff re employed to provide specialist

courses to develop the range of skills necessary for adult life.

• Arrange Annual Reviews for young people with EHC Plans and plan

ongoing support and transition from their current further education

placement to the young person’s next steps ensuring that dates are

agreed with young people, their parents/carers and professionals

whose attendance is essential eg; the college careers adviser, social

worker if involved, health professionals and SEND team where

appropriate.


Housing and Supported Housing Housing managers and the Supported Housing team including commissioners

will:

• Use data supplied by the Preparation for Adulthood Forum to plan

appropriate housing including Supported Housing to meet demand.

• Ensure the needs of people with disabilities are considered when

making decisions about adaptations to houses.


• Provide information and advice about housing matters with reference to

the Council’s Housing Policy.

• Reduce numbers of people in residential homes through increased

opportunities for support to live independently in the community.

• Ensure people get the right level of support to be more independent

when they need it. Children and Young People's Early Intervention and

Prevention Services Officers in early intervention and prevention

services will:

• Use data supplied by the Preparation for Adulthood Forum when

commissioning any events or activities for young people to ensure the

needs of young people with SEND are taken into account.

• Provide inclusive services for young people, including key-working and

programmes of activity in support of their preparation for adulthood.

Ensure that these support services are accessible to all.

• Ensure services are appropriate and meet the needs of vulnerable

young people and those with SEND including ongoing support for

young people in order to support their participation in employment,

education and training.

• Support young people's informal learning needs including those that

relate to risk related behaviour including sexual health, substance and

alcohol misuse.

Leisure Services Officers in leisure services will:


• Use data supplied by the Preparation for Adulthood Forum to plan

appropriate leisure activities to meet demand, giving young people with

SEND opportunities to take part in activities in their spare time.

• Ensure young people/adults have a say in the activities provided. Multi-

Agency Protocols for Transition to Adulthood (April 16)

• Ensure that all future play provision provides opportunities for young

people with disabilities.


Year 8 (12-13 years)What should happen? Who should do it? Guidance

Identify the children who have EHCP and those with long term needs

SchoolSpecial Education Needs Co-ordinator (SENCO)

Explain the Preparing for Adulthood process to young person

SchoolSpecial Education Needs Co-ordinator

Provide booklet

Make contact with the parent to explain the Preparing for Adulthood process

School SENCO Refer parent/Carers to the Local Offer

Organise PFA meeting at school

SchoolSpecial Education Needs Co-ordinator

Two weeks before the start of the Year 9 academic year,notification of the youngpeople entitled to a Year 9 transition review to besent to:Children’s Social CareHealthAdult Social CareParent/carer(s)

SEND Team

Establish if a youngperson will be having any other review (e.g., lookedafter child) and encouragereviews to be done atsame time.

SEND Team

Identify young people’s targeted and universal health needs.Make contact with parent/carer(s) at school and at home.

Health


Year 9 (13-14 years)

What should happen?

Who should do it? Guidance

Identify all young people with a disability and those with complex needs who are likely to meet the criteria for adult social care/Continuing Care (CC)

Team Manager CWDTSEND, Children’s CC

Notify the Chair of the Preparing for Adulthood Tracking Meeting (Team Manager ALDT)

Meetings are held every 3 months – provide updates if people move into/out of the area/ circumstances change

Make formal referral to Adult Services

Team Manager CWDT and SEND

Include information on:- Needs Circumstances Current costs Future care

needs

This will support forecasting and planning for Adult Social Care

Develop a person centred EHCP with the young person ensuring you include the views of

Young person School Parent/carers Health Children Social

Care Adult Social Care

School SENCO Focus on Preparing for Adulthood objectives:-

EmploymentIndependent LivingHealthFriendsRelationshipCommunity Participation

Ensure that relevant parties are informed of any reviews of the EHCP

School SENCO It is good practice for review to be integrated with other statutory reviews (with permission of the family)

Offer Advocacy Support Send Advice


Personal Health Planwritten in consultationwith the young person and parent/carer(s)—to feed into transition planning.

Obtain consent to share with other professionals

Health Care Colleagues

Identify through assessment any complex needs that require Continuing Care Funding

Team Manager CWDTClinical Commissioning Group

CCG Continuing Health care Team to alert those responsible for Continuing Health Care Funding at 18+

Inform parent/carers about the Mental Capacity Act and how that affects decision making

School/Social Care Provide leaflet on MCA



What should happen?


Discussions on young people who are going through the transitions process – identify any changes since year 9

Education, Children Services, Health, Adult Services, SEND

Preparing for Adulthood Tracking Meeting held 3 monthly

EHCP will be completed to reflect the transition plan.

School SENCO

Ensure that relevant parties are informed of any reviews of the EHCP. Including:

• Young person• School• Parent/carers• Health• Children Social

Care• Adult Social Care


Offer Advocacy Support SEND Advice

Preparation by everyone involved in the Year 10 review

• Set up a session for young person as part of tutorial time to discuss transition process

• Gather information e.g. Health Action Plan, Core Assessment, Child in Need Plan

School

SEND Team and school

Help with understanding change and making choices


Ensure that the young person and parents/carers are advised about potential opportunities for education, training or work that may be available to them in the future

School

Ensure Health Action Plans are up to date

Health

Provide Opportunities for young person to visit potential future learning provisions to enable the young person to make informed decisions and choices.

School

Copy of plan to be sent to all partners

SEND

Over seeing delivery of plan

Nominated person agreed at Review

Nominated person should be person best placed to co-ordinate delivery of plan.

Parent/Carers and Young person should be consulted about who that nominated person is



What should happen?






School SENCO


Young person School Parent/carers Health Children Social

Care Adult Social Care




Set up a session for young person as part of tutorial time to discuss transition process

Gather information e.g. Health Action Plan, Core Assessment, Child in Need Plan

School

SEND Team




School

Consider whether there are capacity issues. If a young person has capacity they should be making their own decisions and be provided with the information to do so.

Where appropriate mental capacity assessments should be completed and best interest decisions made

Social Worker CWDT For additional information refer to the BBC policies and procedures regarding MCA

If the young person lacks capacity are they deprived of their liberty i.e. under constant supervision, not free to leave? Consider a DOLS Application

Social worker CWDT For additional information refer to the BBC policies and procedures regarding MCA


School


SEND




Parent/Carers and


Young person should be consulted about who that nominated person is

For those with complex needs, Adult Social Care to complete an eligibility assessment and if eligible start to look at services post 18

Manager, ALDT

For those with complex health needs, Continuing Care to ensure their colleagues in Continuing Health Care are aware and start to consider health needs post 18

A CHC checklist to be completed at 16 years of age. If there is no children’s social worker involved this will be completed by the Adult social worker.

Continuing Care Team

CWDT Social Worker

SEND Team consultation of all year 11’s



What should happen?






School SENCO




School It is good practice for review to be integrated with other statutory reviews (with permission of the family)





School

SEND Team and School




School



Social Worker CWDT For additional information refer to the BBC policies and procedures regarding MCA


Social worker CWDT For additional information refer to the BBC policies and procedures regarding MCA


School


SEND TEAM


SCHOOL Nominated person should be person best placed to co-ordinate delivery of plan.

Parent/Carers and


Young person should be consulted about who that nominated person is

For those with complex needs, Adult Social Care to complete an eligibility assessment and if eligible start to look at services post 18

Manager, ALDT

For those with complex health needs, Continuing Care to ensure their colleagues in Continuing Health Care are aware and start to consider health needs post 18.

A CHC checklist to be completed at 16 years of age. If there is no children’s social worker involved this will be completed by the Adult social worker.


CWDT Social WorkerAdults (Post 18)

If young person is leaving school EHCP to be sent to new provider

SEND Team


Year 13/14 (17- onwards)

What should happen?






School SENCO




SEND Team It is good practice for review to be integrated with other statutory reviews (with permission of the family)





School or other post 16 provider

SEND Team/ School or Post 16 provider




SEND Team



Social Worker CWDT (under 18)

Social worker ALDT (post 18)

For additional information refer to the BBC policies and procedures regarding MCA


Social worker CWDT

Social worker Adults (post 18)

For additional information refer to the BBC policies and procedures regarding MCA

Provide Opportunities for young person to visit potential future education/ day care provisions to enable the young person to make informed decisions and choices.








Parent/Carers and Young person should be consulted about who that nominated person is

Adult Social Care to complete an eligibility assessment and if eligible start to look at services post 18

Managers Adult Social Care

Reach timely agreement on most appropriate Adult Services team to work with the young person in adulthood.

Ensure that a ‘Support Plan’ has been set up and agreed by the Adult Services Team so that support is ready to start once the young person reaches 18

Social worker Adults Adult services assume full financial and care management responsibility once the young person reaches 18 years

Ensure that relevant Adult Care Managers, OT’s, Sensory Service Officers and any other Adult Services staff work alongside the Adult Social worker from age 17 years although can be earlier if needs are complex.

Social worker Adults

Continuing Care to ensure their colleagues in Continuing Health Care are aware and start to consider health needs post 18


If young person is leaving school but continuing in education EHCP to be sent to new provider

SEND Team


Key Legislation for Multi-Agency Working and Protocol

The following provide the legal framework within which planning takes place:

• Children and Families Act 2014

• Care Act 2014

• Mental Capacity Act 2005

• The Children Act 1989

• The Carers (Recognition and Services) Act 1995

• The Children (Leaving Care) Act 2000

• The Carers and Disabled Children Act 2000

• The Learning and Skills Act 2000

• Leaving Care Act 2000

• Mental Health Act 1983

• Human Rights Act 1998

• Health and Social Care Act 2001 Carers and Disabled Children

• The Children Act 2004

• The Disability Discrimination Act 2005

• Equalities Act 2010

The following summarises the main Acts and the main points from the Acts of

Parliament relevant to transition for young people. It is not a full summary of

the law.

Children and Families Act 2014 The Act introduces The Local Offer, which according to the act should lead

to:


• Children, young people and their families being provided with

information and advice as to what they can expect from all services

involved in their care and support including what will happen as part of

the preparation for adulthood Personal Budgets, which according to the

act means that:

• Young people and their families with an Education, Health and Care

Plan have the right to request a personal budget from the local

authority Education, Health and Care Plans according to the act

should.

• Be person centred and outcome focused.

• Have clear evidence of the preparation for adulthood beginning in year

9 The act states that the local authority must secure an EHC needs

assessment for the child or young person if, after having regard to any

views expressed and evidence submitted under subsection (7), the

authority is of the opinion that.

• The child or young person has or may have special educational needs,

and

It may be necessary for special educational provision to be made for

the child or young person in accordance with an EHC plan

• Where, in the light of an EHC needs assessment, it is necessary for

special educational provision to be made for a child or young person in

accordance with an EHC plan:

• The local authority must secure that an EHC plan is prepared for the

child or young person, and

• Once an EHC plan has been prepared, it must maintain the plan.

Care Act 2014 The Act states:

• The provisions in the Care Act relating to transition to adult care and

support are not only for those who are already receiving children’s

services, but for anyone who is likely to have needs for adult care and

support after turning 18.


• A young person or carer, or someone acting on their behalf, has the

right to request a transition assessment. The local authority must

consider such requests and take into consideration whether this

assessment would be of significant benefit to the young person at that

time.

• Transition assessments should take place at the right time for the

young person or carer and at a point when the local authority can be

reasonably confident about what the young person’s or carer’s needs

for care or support will look like after the young person in question

turns 18.

• A transition assessment must be conducted for all those who have

likely needs (see above) however, the timing of this assessment will

depend on when it is of significant benefit to the young person or carer.

• There is no set age when young people reach this point; every young

person and their family are different, and as such, transition

assessments should take place when it is most appropriate for them.

• The assessment needs to be outcome and person – centred focused.

The Children Act 1989 Stated that disabled children including those with a mental disorder are

‘children in need’; and says that disabled children are children first.

The Children Act 2004Makes various amendments to the Children Act 1989 and sets the legislative

foundation for the actions agreed as a result of Every Child Matters (ECM).

The act includes:

• a condition that each children’s service in England should arrange to

promote cooperation between the authority, its partners and other

appropriate organisations to improving the wellbeing of children in the

authority’s area relating to areas, which include education and training.

This condition says that any arrangements made may apply to the 19

to 25 age group who have learning difficulties


The Children Act 1989• Social Services departments may arrange multi-disciplinary

assessments and

• must establish Children’s Service Plans which may include the

provision of further

• Education for children in need.

• Social Services departments should ensure that a social worker

attends the Year 9

• Annual review meeting and contributes to the formation of the

Transition Plan

• Where a young person is subject to a care order, accommodated by

the local authority or is a “child in need”.

Disabled Persons (Services, Consultation and Representation) Act 1986Under section 5 of this Act, LEAs must seek information from social services

departments

as to whether a young person with a statement under Part IV of the Education Act

1996 is

disabled and may require services from the local authority when leaving school.

Note: other legislation and guidance has superseded this legislation.

The Learning and Skills Act 2000

• Places a duty on the Secretary of State, through Section 140 of the Act, to

make

• arrangements for the assessment of disabled young people when they are

• undertaking or likely to undertake post-16 education, training or higher

education.

• Requires the LSC to have regard to the needs of persons with LDD and to

any report of an assessment carried out under Section 140.

• Sets out the reasons for seeking a specialist residential placement.

• The sections 139A to 139C of the Learning and Skills Act 2000 (“the 2000

Act”), which were inserted into that Act by section 80 of the Education and

Skills Act 2008, place statutory responsibility on local authorities in relation to


assessments relating to learning difficulties. This replaces Section 140 of the

2000 Act, which no longer applies to England.

The Mental Health Act 1983 Lays a joint duty under Section 117 of the Act upon primary care trusts and

local authorities to provide aftercare services for people with mental health

problems who have been detained in hospital for treatment under Section 3,

37, 45A, 47 or 48 who then cease to be detained. An important aspect of this

duty is that people whose circumstances fall within Section 117 are not liable

to contribute towards the social care element of their aftercare services.

NHS Act 2006

• Section 82, which states that the Local Authority and the NHS must

cooperate to with one another in order to secure and advance the

health and welfare of people of England and Wales

• As health service commissioners, CCGs have a duty under Section

3 of the NHS Act 2006 to arrange health care provision for the

people for whom they are responsible to meet their reasonable

health needs. (NHS England may also have commissioning

responsibility for some children and young people – for example in

some secure children’s homes – and therefore a similar duty to

meet their reasonable needs.) This is the fundamental basis of

commissioning in the NHS. Where there is provision which has

been agreed in the health element of an EHC plan, health

commissioners must put arrangements in place to secure that

provision.

SEND code of practice: 0 to 25 years

• The Code of Practice (2014) covers the 0-25 age range and includes

guidance relating to disabled children and young people as well as those

with SEN.


• There is a clearer focus on the participation of children and young people

and parents in decision-making at individual and strategic levels.

• There is a stronger focus on high aspirations and on improving outcomes

for children and young people.

• It includes guidance on the joint planning and commissioning of services

to ensure close co-operation between education, health and social care.

• It includes guidance on publishing a Local Offer of support for children

and young people with SEN or disabilities.

• There is new guidance for education and training settings on taking a

graduated approach to identifying and supporting pupils and students with

SEN (to replace School Action and School Action Plus).

• For children and young people with more complex needs a co-ordinated

assessment process and the new 0-25 Education, Health and Care plan

(EHC plan) replace statements and Learning Difficulty Assessments

(LDAs).

• There is a greater focus on support that enables those with SEN to

succeed in their education and make a successful transition to adulthood.

• Information is provided on relevant duties under the Equality Act 2010.

• Information is provided on relevant provisions of the Mental Capacity Act

2005.

• There is new guidance on supporting children and young people with SEN

who are in youth custody.


What helps young people prepare for choice, control and decision-making?

The VIPER (Voice, Inclusion, Participation, Empowerment, Research) project

looked

at disabled children and young people’s participation in decision making,

specifically

around service development and delivery, however many of the findings are

transferable to other individual decisions too.

A few of their key recommendations were:

• Assume young people can be involved in decision making –Misconceptions and low aspirations about disabled young people’s ability

to be

involved in decision making leads to parents and professionals making

decisions

without trying to involve young people.

• Have a positive attitude to working with disabled young people – the

research suggests that due to a perception that disabled young people

are too

hard to work with many of them are excluded from decision making. This

was

particularly the case for young people in care, those from minority ethnic

groups

and those with more significant access needs.

• Good accessibility – Many young people are unable to participate in

decision

making because their basic access requirements are not being met. This

could

be communication needs, room size, not enough advance notice of

meetings, not enough or inaccessible information.

• You can download the full report from the VIPER project:

https://councilfordisabledchildren.org.uk/our-work/participation/policy/

research-young-peoples-participation-local-decisions-viper


https://councilfordisabledchildren.org.uk/our-work/participation/policy/research-young-peoples-participation-local-decisions-viper


It is vital that children and young people are supported, by their families and

the

professionals working with them, to be as involved as possible in decisions

from a

young age. This could be simple decisions like what to eat for breakfast or

what colour clothes to wear but these small choices help young people to

build the skills that they need to process information, consider options and

make more complicated decisions as they get older.

For disabled young people to be fully involved in decision-making and to have

choice and control over their lives those who support them, including

professionals, their families and friends, should:

• Use person-centred approaches that focus on strengths and abilities.

• Listen to young people about who they want involved.

• Listen and understand how they want and need to communicate.

• Include people that know the young person well.

• Make sure the environment allows young people to be involved - be

flexible and

give them choice over the venues and timings for meetings.

• Provide information in a range of accessible formats.

• Give young people time to process information and think about their

options.


ResourcesStatutory Guidance

SEND Code of practice: 0 to 25 yearshttps://www.gov.uk/government/publications/send-code-of-practice-0-to-25

https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

Practical resources

Paradigm - Supported Decision Making: A Guide for Supporters.This guide offers people best practice techniques and tools that may beuseful when supporting others with supported decision making:http://helensandersonassociates.co.uk/

Viper report - Hear us out:https://councilfordisabledchildren.org.uk/our-work/participation/policy/research-young-peoples-participation-local-decisions-viper




http://helensandersonassociates.co.uk/



https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

https://www.gov.uk/government/publications/send-code-of-practice-0-to-25

In Control - Supported Decision Making

This toolkit is about practical approaches in decision making.Think Local Act Personal

BILD - Brief guide to the Mental Capacity Act 2005: Implications for peoplewith learning disabilities:http://www.bild.org.uk/our-services/books/practical-support-for-better-lives/brief-guide-to-the-mental-capacity-act/

SCIE - Care Act 2014: Commissioning Independent Advocacyhttp://www.scie.org.uk/

Resources for Families

Using the Mental Capacity ActHFT Family Carer Support Service has produced Mental Capacity Actresource for family carers comprising films and written information ondifferent aspects of mental capacity, including one about transitions:http://www.hft.org.uk/

Special Educational Needs and Disabilities: A guide for parents and carers:https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

Mental Capacity Act 5 Key principles video:http://youtu.be/wci99OawH8U

Useful websitesPreparing for Adulthood:http://preparingforadulthood.org.uk/

Transition Information Network:https://councilfordisabledchildren.org.uk/help-resources/resources/building-independence-through-planning-transition-guide

The Information, Advice and Support Services Network (IASS Network):http://cyp.iassnetwork.org.uk/

Making Ourselves Heard:https://councilfordisabledchildren.org.uk/making-ourselves-heard


https://councilfordisabledchildren.org.uk/making-ourselves-heard

http://cyp.iassnetwork.org.uk/

https://councilfordisabledchildren.org.uk/help-resources/resources/building-independence-through-planning-transition-guide

https://councilfordisabledchildren.org.uk/help-resources/resources/building-independence-through-planning-transition-guide

http://preparingforadulthood.org.uk/

https://www.youtube.com/watch?v=wci99OawH8U&feature=youtu.be

https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

https://www.gov.uk/government/publications/send-guide-for-parents-and-carers

http://www.hft.org.uk/

http://www.scie.org.uk/

http://www.bild.org.uk/our-services/books/practical-support-for-better-lives/brief-guide-to-the-mental-capacity-act/

http://www.bild.org.uk/our-services/books/practical-support-for-better-lives/brief-guide-to-the-mental-capacity-act/

https://www.thinklocalactpersonal.org.uk/

Council for Disabled Children:http://councilfordisabledchildren.org.uk/

National Development Team for Inclusion (NDTi):http://www.ndti.org.uk/

British Institute of Learning Disabilities (BILD):http://www.bild.org.uk/

Paradigm:http://www.paradigm-uk.org/

Personalising Education:http://www.personalisingeducation.org/


http://www.personalisingeducation.org/

http://www.paradigm-uk.org/favicon.ico

http://www.bild.org.uk/

https://www.ndti.org.uk/

https://councilfordisabledchildren.org.uk/

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