Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

1. Principles

The Children and Families Act 2014 took forward a reform programme to establish the working principles for children/young people with special educational needs and their carer:

• Extending the Special Educational Needs (SEN) system from birth to 25 and giving children, young people and their parents greater control and choice in decision-making;
• Establishing birth to 25 education, health and care plans;
• Offering families personal budgets - young people and parents of children who have Education, Health and Care Plans have the right to request a Personal Budget, which may contain elements of education, social care and health funding;
• Creating a duty for joint commissioning which requires local authorities and health bodies to work in partnership when arranging provision for children and young people with Special Educational Needs;
• Requiring local authorities to involve children, young people and parents in reviewing and developing provision for those with Special Educational Needs and to publish a local offer of services;
• Extending the entitlement to an assessment to all young carers under the age of 18 regardless of who they care for or the type and frequency of this care;
• Giving Parent Carers the right to a stand-alone assessment.

1.1 Roles and Responsibilities

Slough Borough Council has statutory responsibility for supporting children and young people with Special Educational Needs and Disabilities. This includes:

• Adopting a key working approach to provide families with a single point of contact;
• Devising and publishing the Local Offer for children with Special Educational Needs and Disabilities;
• Engaging other partners it thinks appropriate to support young people with SEN and disabilities. This might include voluntary organisations, CYPMHS, local therapists, Jobcentre Plus and their employment support advisers, training/apprenticeship/supported employment providers, housing associations, careers advisers, leisure and play services. Local authorities and Integrated Care Boards (ICBs) should consider the role that private, voluntary and community sector providers can play in delivering services;
• Reviewing special educational provision and social care provision in their areas for children and young people who have SEN or disabilities and the provision made for local children and young people who are educated out of the area, working with the partners to their joint commissioning arrangements;
• Consulting with children and young people with SEN or disabilities and their parents. Joint commissioning arrangements must consider the needs of children and young people with SEN and disabilities.

Operationally, Slough Borough Council is responsible for:

• Providing information and advice for children and families;
• Making arrangements for assessments of special educational needs and disabilities;
• Deciding whether the child requires an Education Health and Care Plan to support their needs;
• Writing and agreeing an Education, Health and Care Plan;
• Monitoring and reviewing the care provided under an Education Health and Care Plan
• Managing the appeals process.

Slough Children First is responsible for:

• Assessing the social care needs of children and young people with disabilities;
• Providing care and support for children's social care needs as identified in the Education Health and Care Plan;
• Supporting children with disabilities, whether or not they have an Education, Health and Care Plan;
• Assessing children looked after to identify special educational needs and disabilities and making recommendations about EHC Plans to the local authority;
• Supporting children looked after and care leavers to participate in the preparation and delivery of the Education Health and Care Plan if they have one.

The Chief Executive of Slough Children First sits on the Health and Wellbeing Board and contribute to multi-agency strategic decision-making about health and social care for children with disabilities.

OFSTED's Chief Inspector stressed the importance of ensuring that all placements for all children with SEN are made with due diligence. Before any placement the local authority should carry out all necessary checks to make certain that schools are registered with the Department for Education.

When a young person reaches the end of compulsory school age, local authorities and other agencies should normally engage directly with the young person rather than their parent, ensuring that as part of the planning process they identify the relevant people who should be involved and how to involve them. Most young people will continue to want, or need, their parents and other family members to remain involved in discussions and decisions about their future. Some young people, possibly some parents, will not have the mental capacity to make certain decisions or express their views.

Partnership Working

The Children and Families Act 2014 requires the Local Authority to engage with other partners it thinks appropriate to support young people with SEN and disabilities. This might include voluntary organisations, CYPMHS, local therapists, Jobcentre Plus and their employment support advisers, training/apprenticeship/supported employment providers, housing associations, careers advisers, leisure and play services. Local authorities and Integrated Care Boards (ICBs) should consider the role that private, voluntary and community sector providers can play in delivering services.

Local Authorities should adopt a key working approach, which provides children, young people and parents with a single point of contact to help ensure the holistic provision and co-ordination of services and support. Children and young people should receive the right help at the right time.

The Designated Medical Officer provides the point of contact for Local Authorities, schools and colleges seeking health advice on children and young people who may have SEN or disabilities, and provides a contact for ICBs or health providers so that appropriate notification can be given to the Local Authority of children under compulsory school age who they think may have SEN or disabilities.

As good practice, an environment should be created which allows for effective practice and for multi-agency working to flourish. Local area partners should work together to plan, evaluate and develop the SEND system. 

Local Authorities must review the special educational provision and social care provision in their areas for children and young people who have SEN or disabilities and the provision made for local children and young people who are educated out of the area, working with the partners to their joint commissioning arrangements.

Joint commissioning arrangements should be used to enable partners to make best use of all the resources available to improve outcomes for children and young people in the most efficient, effective, equitable and sustainable way. Joint commissioning arrangements must consider the needs of children and young people with SEN and disabilities.

Children and Young People’s Experiences and Outcomes

As good practice, children and young people with SEND should, so far as practicable, have:

• Developed the knowledge, skills and behaviours to gain employment or meaningful occupation, move on to further or higher education, and live as healthily and as independently as possible;
• Developed their self-esteem and resilience;
• Made friends, and should feel safe, valued and visible in their local communities;
• Gained from stable, supportive relationships and environments;
• Had the opportunity to participate in community activities to widen their understanding of the opportunities available to them now and in their future;
• Participated in decision-making about their own plans and support;
• Had support provided when they have needed it, and feel supported and believe that adults understand and advocate for them;
• Been supported through any adverse experiences they may have had.

Consultation and Participation

The Local Authority must consult with children and young people with SEN or disabilities and their parents.

As good practice, children and young people with SEND should be valued, visible and included in their communities.

• Children and young people should be able to access impartial information, advice and support that enables them to make informed choices about their future;
• Children, young people and families should be supported to understand their rights, make choices and contribute to decision-making about their plans and support;
• Children and young people should understand their plans and support, including intended outcomes, and why some changes are not possible;
• Leaders should consider the specific needs of groups of children and young people with SEND, and how best to engage them in co-production;
• Leaders should ensure that decisions relating to services are appropriately shaped by children and young people’s needs, experiences, ambitions and outcomes;
• Leaders should give feedback to children, young people and parents on changes they have made to their area’s services, and explain where change is not possible and why;
• Children and young people and parents and carers should understand what community activities are available;
• Children and young people should be supported to participate, where appropriate, in activities, and to make friends and develop positive relationships;
• Children and young people should be supported to develop their confidence, resilience and knowledge, so that they can participate in universal and specialist activities as appropriate.

Leadership

Leaders should actively engage and work with children, young people and families. Processes and systems should be set up to support practitioners to work together and share appropriate information in a timely manner, including strong systems for identifying and responding to risks to children and young people with SEND.

Leaders Should Create an Environment for Effective Practice and Multi-agency Working to Flourish:

• Ensure that practitioners are clear on their individual roles and how they can best work together to improve outcomes for children and young people;
• Ensure that practitioners have the appropriate skills to understand children and young people’s needs and aspirations, and to create an inclusive environment;
• Encourage practitioners working together to focus on the child or young person, identifying alternative solutions when existing options do not meet needs and aspirations effectively;
• Ensure that practitioners working with children and young people with SEND have the right knowledge and skills to reduce the risk of harm, and understand that children and young people with SEND may be more vulnerable to abuse, neglect and exploitation.

Leaders Should Have an Accurate, Shared Understanding of the Needs of Children and Young People in their Local Area:

• Gather accurate, timely information about children and young people with SEND in their local area and monitor the changing needs of the population, including using the perspectives of children, young people and families;
• Understand the experiences and outcomes of children and young people with SEND in their area, their backgrounds and identities, including any barriers to them accessing support, and their needs and strengths;
• Share information across education, care and health services so they can learn from different perspectives and approaches.

Leaders Should be Ambitious for Children and Young People with SEND:

• Have an ambitious strategy that defines the shared outcomes they will work collectively to achieve for all children and young people with SEND, and  embed an aspirational culture of high expectations and quality across services and provision;
• Understand their responsibilities and accountabilities, including their statutory duties and their individual responsibilities in the wider area strategy;
• Responsibilities are delegated in line with leaders’ legal duties and there is strong oversight of these resulting activities;
• Processes for making decisions are structured so that the leaders responsible can swiftly agree to the changes that are required to improve services;
• Leaders challenge themselves and each other to improve experiences and outcomes for children and young people with SEND.

Leaders Should Evaluate Services and Make Improvements:

• Jointly evaluate whether their services and provision are improving outcomes for children and young people with SEND, not only whether children and young people have received the services;
• Monitor whether there are sufficient services and provision to meet the needs and aspirations of the children and young people in their area and take appropriate action as a result;
• Use information from a range of sources in their evaluation, including feedback from representative groups, children and young people using services and data relating to outcomes to improve their services and provision;
• Have established clear processes to enable services and providers to evaluate and improve their provision regularly.

Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability

Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability made the following recommendations that local authorities should:

• Routinely reflect on their experiences at tribunal hearings and seek to learn from the First-tier tribunal’s written decisions;
• Work together with experts and their professional bodies to ensure wording in reports is chosen to ensure the appropriate level of service will be allocated to the child/young person and outcomes for each need/provision identified. Local authorities should include the ‘who, what, when and how long’ details that are meant to spell out the Local Authority’s duties to the pupil;
• Invest resource early on in the evidence-gathering stage and in communication with parents and schools before decision-making so that staff collating evidence for decision-makers have the expertise and authority to ensure the evidence is up-to-date and complete, and to ensure that caseworkers have time to speak with families and young people and placement settings in advance of a decision being made;
• Collaborate and communicate with parents, young people and schools/colleges to ensure that families, young people, and placement settings are clear what evidence is being considered and to allow for contributions from those people and settings affected by decisions;
• Make the voice of the child or young person the golden thread throughout decision-making as personal testimony is a valuable form of evidence that often fills out the picture and leads to changed decisions on EHC needs assessments and on EHC Plans;
• Adopt a procedure of “Way Forward” meetings with families (including with schools and colleges where appropriate) following a panel decision;
• Provide written feedback to those who have made an application in relation to an EHC plan setting out:
  1. What they have been asked to decide;
  2. The evidence they have considered;
  3. Their findings on the evidence they have been provided with; and
  4. The decision they have taken as a result.
• Ensure there is a mechanism for providing support to meet need when there is likely to be a delay in agreeing or finalising an EHC plan;
• Be proactive to achieve better partnership working with social care colleagues and health bodies;
• Support mediation that takes place between families and schools over school-based disputes;
• Ensure parents, children and young people have access to impartial support, from SENDIASS. This should include signposting to independent (non-statutory) information and advice services;
• Commit to mediation and properly prepare for it;
• Invest in gathering and learning from feedback;
• Invest in and adequately resource their complaint handling function;
• Ensure democratic oversight of complaint handling, through an appropriate committee, in order to drive improvements and increase accountability;
• Ensure that the person designated as a local authority’s monitoring officer should provide some internal oversight of the way in which lessons are learned from complaints.

2. Duty to Provide Information, Advice and Support

Slough Borough Council provides information, advice and support to children with special educational needs and disabilities through the Slough SEND Information Advice and Support Service (SENDIASS).

3. Local Offer

Slough Borough Council maintains and reviews the Local Offer, setting out the support they expect to be available for local children and young people aged 0-25 with Special Educational Needs (SEN) or disabilities, whether or not they have an Education, Health and Care Plan.

Slough Children First contributes to the development of the Local Offer and the social care services provided by Slough Children First are described in the Local Offer.

The Local Offer must be widely accessible via Slough Children First website, to those without access to the internet, and those with different types of SEN.

Slough Borough Council's local offer can be found on the Slough Family Information Service website.

The Local Offer is an important resource for families and practitioners working with children and families with special educational needs and disabilities, whether or not they have an Education, Health and Care Plan.

It includes information about:

• Special educational, health and social care provision for children and young people with SEN or disabilities – this should include online and blended learning;
• Support and provision that 19- to 25-year-olds with SEN can access regardless of whether they have an Education, Health and Care Plan;
• Arrangements for identifying and assessing children and young people's SEN – this should include arrangements for education, health and care needs assessments;
• Details of how parents and children and young people can request an assessment for an Education, Health and Care Plan:
  • How Slough Children First will consider a request for an assessment and inform parents and young people of their decision;
  • How parents and children and young people will be involved in the assessment process;
  • What support is available to help families during the needs assessment process and the development of an Education, Health and Care Plan;
  • The timescales involved in the assessment process;
  • The process for making an Education, Health and Care Plan;
  • Information about the option of having a personal budget:
    • A description of the services across education, health and social care that currently lend themselves to the use of Personal Budgets;
    • The mechanisms of control for funding available to parents and young people including direct payments, arrangements and third party arrangements;
    • Clear and simple statements setting out eligibility criteria and the decision-making processes that underpin them;
    • The support available to help families manage a Personal Budget.
• Other educational provision, for example sports or arts provision, paired reading schemes;
• Education provision and post-16 education and training provision;
• Apprenticeships, traineeships and supported internships;
• Information about provision to assist in preparing young people for adulthood;
• Arrangements for travel to and from education institutions. see Home to school transport policy and guidance;
• Support to help young people move between phases of education;
• Sources of information, advice and support in the Local Authority's/Slough Children First's area relating to SEN and disabilities;
• Childcare, including suitable provision for disabled children and those with SEN;
• Leisure activities;
• Support available to young people in higher education, particularly the Disabled Students Allowance (DSA) and the process and timescales for making an application for DSA;
• Arrangements for resolving disagreements and for mediation, and details about making complaints;
• Parents' and young people's rights to appeal a decision of Slough Children First to the First-tier Tribunal (SEN and disability) in respect of SEN and provision;
• The Local Authority's/Slough Children First's accessibility strategy under the Equality Act 2010.

The Local Offer should cover:

• Support available to all children and young people with SEN or disabilities from universal services such as schools and GPs;
• Targeted services for children and young people with SEN or disabilities who require additional short-term support over and above that provided routinely as part of universal services;
• Specialist services for children and young people with SEN or disabilities who require specialised, longer term support.

The Local Offer must include provision in the Local Authority's/Slough Children First's area, and also provision outside the local area that Slough Children First expects is likely to be used by children and young people with SEN for whom they are responsible and disabled children and young people.

This could, for example, be provision in a school or further education college in a neighbouring area or support services for children and young people with particular types of SEN that are provided jointly by Local Authorities/Slough Children First. It should include relevant regional and national specialist provision, such as provision for children and young people with low-incidence and more complex SEN.

Slough Borough Council First must keep its Local Offer under review. It must publish at least annually a summary of comments received about the Local Offer, its response to the comments, and details of the action they intend to take. 

4. Social Care Support for Children with Social Care and Disabilities

4.1 Duties to provide social care support for disabled children

The specialist Children with Disability Team criteria is defined to include children with a permanent and substantial disability at a severe to profound level. The definition of permanent and substantial are as follows:

• Substantial includes considerable or significant factors that are life changing or limiting and might include issues related to risk and dependency;
• Permanent includes factors that exist on an indefinite basis and not expected to improve. This could include intermittent and episodic conditions.

The Children with Disability Team would be responsible for assessing a child from birth to 18 years old who presents with a permanent and substantial, severe, or profound disability and lives within the boundaries of Slough Borough Council. The information below defines and provides factors which are taken into consideration when determining if an assessment should be undertaken by the Children with Disabilities Team.

Criteria of the Children with Disabilities Service

Child has a diagnosis of severe or profound in one of the following categories:

• Learning Disability;
• Physical Disability;
• Sensory Disability;
• Multiple disabilities diagnosed to a severe/profound disability level of need.

Severe or Profound Learning Disability:

• Child has a profound or severe learning disability;
• Child needs full time help with every aspect of their lives, including eating, drinking, washing, dressing and toileting;
• Child has an Education Health and Care Plan and attends a specialist school for children with profound to severe learning difficulties, requires constant supervision during school breaks and lunch times and at least 1:1 adult supervision when in the community;
• Learning is significantly below age related expectations in most/all areas of the curriculum.

Severe or Profound Physical Disability:

• Child is wheelchair dependent both inside and outside the home environment;
• Child is reliant on specialist equipment for transfers and mobilise generally;
• Child is dependent on others for feeding, bathing, dressing and toileting;
• Daily use of specialist equipment which requires operational assistance e.g. hoist;
• Child is in receipt of higher rate DLA - Mobility Component.

Severe or Profound Sensory Disability:

• Child is registered blind;
• Child has severe hearing and/or visual impairment and requires the need for additional supervision to maintain safety and to access specialist support.

The following needs are additional factors in determining if a child meets the criteria for the Children with Disability Team and are not defining criteria but should be considered in relation to the above:

Communication:

• Nonverbal communication;
• Severely delayed processing skills;
• Communicate using communication aids such as Picture Exchange Communication System (PECS), none or very little communication used, communicating basic level needs;
• Little/no social communication/interaction with children of a similar age;
• The child ‘s form of communication is their behavior and this requires an adult to interpret.

Complex Health Needs:

• Child has regular admissions to hospital for treatment;
• Child or young person has complex health problems requiring specialist advice and guidance which is at least annually reviewed at a specialist hospital. This complex health need is substantial and includes palliative care, life threatening conditions/ life limiting conditions;
• 24-hour minimum support is required to meet the child’s needs and this support requires medical training for the parent carer, carer, or professional supporting them;
• Daily nursing or medical care is required;
• The child requires daily rescue medication or emergency medication eg. Buccal Midazolam;
• The child has an emergency medication care plan;
• Daily use of specialist equipment which requires operational assistance;
• Health needs significantly impact on learning, development and daily functioning.

Severe Behavioural Difficulties related to Child’s Permanent and Severe/Profound Disability:

• Child is diagnosed with a permanent disability e.g. severe ASD diagnosis that requires constant monitoring, supervision and a structured programme;
• Challenging behavior that impacts on all aspects of the child’s functioning and the child poses a severe risk to themselves and others when compared to children of a similar chronological age;
• Requires a structured behaviour management programme which is overseen by a specialist service;
• Challenging behaviour which impacts significantly on community life and family/carers require specialist provision to ensure the child/ young person can function socially or educationally;
• Child poses a severe risk to self or others and has no awareness of impact of behaviour;
• Requires support of a trained adult to regulate their emotions.

4.3 Referral and assessment for children with disabilities

Where a referral is received via the Front Door, discussion are required with the Duty Social Worker in consultation with the Team Manager who will confirm criteria is met or not. 

If there is an internal transfer requested to the Children with Disabilities Team and it appears that the criteria for the Service for Children with Disabilities are met, consultation will take place with the Managers in the Team to consider if criteria are met or not.

When criteria are not met for the Children with Disabilities Team, but advice and information is required the Duty Social Worker is available for consultation, advice, and signposting.  

If the case is an open case, the allocated worker is invited to attend the Children with Disabilities monthly surgery to explore support and to seek advice to support the progression of the case.

Where there is a dispute, the matter should be discussed between the relevant Team Manager’s with a view to resolution.

Where the dispute remains unresolved, the matter should be referred to the Head of Service with a view to resolution.

Assessment Process

All children who meet the criteria for the Service for Children with Disabilities Team will receive a Child and Family Assessment. The assessment will also explore the needs of the Carer/Parent Carer and consider if there are any young carers identified, and appropriate assessments for them will be undertaken.

When a child is referred for an occupational therapy assessment and they meet the CWD eligibility criteria, a specialist Occupational Therapy Assessment will be completed subject to the urgency of the equipment needs of the child. For non-urgent Occupational Therapy referrals, a waiting list is in place. If during the Occupational Therapy Assessment other needs are identified that require social care assessment, the Occupational Therapist will refer the child and family back to the Children with Disabilities Social Work Team for consideration to progress to a Child and Family assessment.

The assessment may identify that needs arise due to a child's disability or as a result of a parent's health or disability or a child may be in need of protection from abuse or neglect.

4.4 Referrals for occupational assessment and therapy

Additional specialist assessments will be commissioned as necessary from:

• Occupational Therapy;
• Sensory Impairment.

When a child is referred for an occupational assessment and they meet the CWD eligibility criteria, a specialist occupational therapy assessment will be completed subject to the urgency of the equipment needs for the child. For non urgent occupational therapy referrals, a waiting list is in place. If during the occupational therapy assessment other needs are identified, the Occupational Therapist will refer the child and family back to the CWD social work team for further assessment.

5. Support for Children with a Disability

With new referrals (i.e. where the case is not open to the CWD Service) where the primary concern is child protection, following the Child and Family Assessment carried out by the Duty Team, a discussion will take place between the relevant Team Manager’s within the Duty Team and the Service for Children with Disabilities as to which team will hold responsibility for the case.

Where the Duty Team retains responsibility for the child's case, appropriate advice will be provided by the CWD Service relating to issues arising from any disability. However, the assessment process and any instigation of child protection procedures will remain the responsibility of the Duty Team until such time as the case is formally transferred.

The Service for Children with Disabilities will usually undertake all Section 47 enquiries, assessments, and legal proceedings in respect of children who are already open cases.

In cases where there is a child with a disability as one of a group of siblings under child protection procedures, joint working will occur between the CWD and the relevant children’s social care team as agreed between the respective Team Manager’s with the focus being on the presenting concern being addressed as the primary need.

5.1 Care Packages for children with disabilities

As a general principle, where children and families can receive mainstream services, these should be provided as a way of minimizing the impact of disability and avoiding any unnecessary segregation.

Where the Child and Family Assessment identifies that specialist services are required, these may be provided by Health or voluntary agencies and/or Slough Children first (Local Authority). The assessment will make recommendations as to the kind of services or equipment that is required to meet the child's needs.

Any recommendation for the provision of equipment requires the approval of the Service for Children with Disabilities Manager. If approved, equipment will usually be provided on a long-term loan basis. Adaptation work through a Disabilities Facilities Grant can be carried out by referral to the Local Authority and the family will be given assistance with this, as assessed.

The support services that may be included in a support package for a disabled child and his/her family range from:

• The provision of information on activities, clubs, playgroups and play schemes;
• The provision of advice and information about other organizations which may be able to offer help and support;
• Advice to access community based short breaks;
• Support for the child in/outside of the home as part of an assessed package of care;
• Support services using direct payments;
• Short breaks providing overnight care.

When services have been agreed, they will be incorporated into a Child in Need Plan, Child in Need of Short Breaks Plan or, where the child becomes Looked After/ Looked After for Short breaks, a Care Plan or Child Protection Plan when there are safeguarding concerns.

Any package of care provision follows the Access to Resource Children with Disabilities protocol.

6. Education, Health and Care Needs Assessment

6.1 Requesting an Education, Health and Care Needs Assessment

An Education, Health and Care Needs Assessment is an assessment undertaken by Slough Borough Council of the education, health and care needs of a child or young person aged 0-25 with Special Educational Needs (SEN) or disabilities to determine whether it is necessary to make provision for those needs in accordance with an education health and care plan.

The following have a specific right to ask Slough Borough Council to conduct an Education, Health and Care Needs Assessment:

• A child's parent;
• A young person over the age of 16 but under the age of 25; and
• A person acting on behalf of a school or post-16 institution (this should be with the knowledge and agreement of the parent or young person where possible).

In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the local authority, e.g. a social worker, Slough Children First's Virtual School, foster carers, other health and social care professionals, education staff, youth offending teams, the National  Probation Service, or a family friend.

Following a request or a child having been brought to its attention, Slough Children First must (unless it has already undertaken such an assessment during the previous 6 months) determine whether an Education, Health and Care Needs Assessment is necessary and communicate that decision within 6 weeks. It must give its reasons where it decides not to proceed.

Where Slough Children First considers that special educational provision may need to be made in accordance with an Education, Health and Care Plan and is considering whether an Education, Health and Care Needs Assessment is necessary, it must notify:

• The young person/parent (and must inform them of their right to express written or oral views and submit evidence);
• The health service (the relevant Integrated Care Board (ICB) or NHS England where it has responsibility for a child or young person);
• Slough Children First front door responsible for social care for young people with SEN;
• Where the child or young person attends an education establishment, the principal (or equivalent).

In considering whether an Education, Health and Care Needs Assessment is necessary, Slough Children First should consider whether there is evidence that despite the education establishment having taken relevant and purposeful action to identify, assess and meet the special educational needs of the child/young person, they have not made expected progress.

If the local authority decides not to conduct an Education, Health and Care Needs Assessment, it must notify the young person/parent, the education provider, Slough Children First and the health service and give the reasons for its decision.

Slough Children First must also inform the young person/parent of their right to appeal that decision and the time limit for doing so, of the requirement for them to consider mediation should they wish to appeal, and the availability of information, advice and support and disagreement resolution services. Slough Children First should also provide feedback collected during the process of considering whether an Education, Health and Care Needs Assessment is necessary, including evidence from professionals, which the parent, young person, early years provider, school or post-16 institution may find useful.

6.2 Undertaking an Education, Health and Care Needs Assessment

Requests for Education Health and Care Needs Assessments are considered by the Slough SEND / EHCP panel. A social care representative attends the panel to provide information about the child held by Slough Children First. When an Education, Health and Care Needs Assessment is being carried out:

• The Slough Borough Council's SEND team notifies Slough Children First Front Door;
• The Front Door o checks if the child is already known to Slough Children First o considers if criteria for Children with Disabilities Hub is met o consults the Children with Disabilities Hub;
• If eligibility criteria met, the Children with Disabilities Hub conduct a Child and Family Assessment;
• If eligibility criteria are not met and the child is not an open case, the Front Door informs the SEND team if the child is known to social care for other reasons;
• If the child is known to social care for other reasons, (i.e. child in need or child protection) the Front Door notifies the child's allocated social worker and the social worker shares information from the child's plan with the SEN team.

Education, Health and Care Needs Assessments should be combined with other social care assessments where appropriate. As far as possible, there should be a 'tell us once' approach to sharing information during the assessment and planning process so that families and young people do not have to repeat the same information to different agencies, or different practitioners and services within each agency. It must be discussed with the child/young person/parents what information they are happy for the local authority and Slough Children First to share with other agencies. A record should be made of what information can be shared and with whom.

Where particular services are assessed as being needed, their provision should be delivered and should not be delayed until the Education, Health and Care Plan is complete.

Following the completion of an Education, Health and Care Needs Assessment, if the local authority decides that an Education, Health and Care Plan is not necessary, it must notify the child/young person/parent, Slough Children First, the education and the health service and give the reasons for its decision. This notification must take place as soon as practicable and at the latest within 16 weeks of the initial request or of the child or young person having otherwise been brought to the local authority's attention. The local authority must also inform the child/young person/parent of their right to appeal that decision and the time limit for doing so, of the requirement for them to consider mediation should they wish to appeal, and the availability of information, advice and support and disagreement resolution services.

As good practice, children and young people’s needs should be identified accurately and assessed in a timely and effective way, so as to prevent needs from escalating. Practitioners should assess the strengths and determine the aspirations of the child or young person alongside their individual needs. Timely referrals should be made to other services and agencies, where necessary.

6.3 New Requests for Education, Health and Care Needs Assessments for 19 to 25 year-olds

Young people who do not already have an Education, Health and Care Plan continue to have the right to request an assessment of their SEN at any point prior to their 25th birthday (unless an assessment has been carried out in the previous 6 months).

The social care needs of these young people will be assessed and supported (where eligible) by Slough Borough Council Adult Services under the provisions of the Care Act 2014.

Where such a request is made, or the young person is otherwise brought to the attention of Slough Children First as being someone who may have SEN, Slough Children First must follow the guidance set put above for carrying out Education, Health and Care Needs Assessments. In addition, when making decisions about whether a plan needs to be made for a 19- to 25-year-old, local authorities must consider whether the young person requires additional time, in comparison to the majority of others of the same age who do not have SEN, to complete their education or training.

7. Education, Health and Care Plans

An education, health and care plan details the education, health and social care support that is to be provided to a child or young person aged 0-25 who has special educational needs or a disability.

7.1 Process of contributing to the EHC Plan

The Slough SEND / EHCP Panel is responsible for:

• Deciding whether or not a plan should be issued;
• Deciding the content of the plan, taking into account any review of the plan;
• Deciding on recommendations of change of placement in line with parental requests under most circumstances.

Where a social worker has undertaken a Child and Family Assessment as part of the Education, Health and Care Needs Assessment, the allocated social worker provides the Panel with:

• Advice on the child's social care needs;
• A summary of the case;
• Recommendations for care package;
• Costs of recommended care package.

Minutes including the decisions are completed by SEND panel and the social care representative updates the children's records.

7.2 Content of EHC Plans

As a statutory minimum, Education, Health and Care Plans must include the following sections:

• Section A: The views, interests and aspirations of the child/young person;
• Section B: The child/young person's Special Educational Needs (SEN);
• Section C: The child/young person's health needs which are related to their SEN;
• Section D: The child/young person's social care needs which are related to their SEN or to a disability;
• Section E: The outcomes sought for the child/young person. This should include outcomes for adult life. The Plan should also identify the arrangements for the setting of shorter term targets by the education or training provider;
• Section F: The special educational provision required by the child/young person;
• Section G: Any health provision reasonably required by the learning difficulties or disabilities which result in the child/young person having SEN. Where an Individual health care plan is made for them, that plan should be included;
• Section H1: Any social care provision which must be made for a child/young person under 18 resulting from section 2 of the Chronically Sick and Disabled Persons Act 1970; any services to be provided for parent carers of disabled children, following an assessment of their needs as carers;
• Section H2: Any other social care provision reasonably required by the learning difficulties or disabilities which result in the child/young person having SEN. This will include any adult social care provision being provided to meet a young person's eligible needs (through a statutory care and support plan);
• Section I: The name and type of the education institution to be attended by the child/young person;
• Section J: Where there is a personal budget, the details of how the Personal Budget will support particular outcomes, the provision it will be used for including any flexibility in its usage and the arrangements for any direct payments for education, health and social care. The Special Educational Needs and outcomes that are to be met by any direct payment must be specified;
• Section K: The advice and information gathered during the Education, Health and Care Needs Assessment must be attached.

Slough Children First contributes to Section D, the assessment of social care needs, and Sections H1 and H2. Social care for children with disabilities is provided under the Chronically Sick and Disabled Persons Act 1970. The Care section of the EHC Plan should make clear which services are being provided under this legislation, and the legal basis for any other support, for example if the child is 'in need' under section 17 of the Children Act 1989.

In addition, the Plan must include (in sections F, G, H1 or H2 as appropriate) the provision required by the young person to assist in preparation for adulthood and independent living, for example, support for finding employment, housing or for participation in society.

7.3 Agreeing the Education, Health and Care Plan

The local authority must send the draft Education, Health and Care Plan (including the appendices containing the advice and information gathered during the Education, Health and Care Needs Assessment) to the child/young person/parent and give them at least 15 days to give views and make representations on the content. During this period, the local authority and Slough Children First must make its officers available for a meeting with the child/young person/parent on request. When the local authority sends the draft Education, Health and Care Plan to the child/young person/parent, it must:

• Notify them that during this period they can request that a particular education institution be named in the plan. The draft plan must not contain the name of the education institution;
• Advise them where they can find information about the education institutions that are available, for example through the Local Offer; and
• Should seek agreement of any Personal Budget specified in the draft.

When changes to the draft Plan are suggested by the child/young person/parent and agreed, the draft plan should be amended and issued as the final Education, Health and Care Plan as quickly as possible. If Slough Borough Council wishes to make other changes it must re-issue the draft Education, Health and Care Plan to the child/young person/parent. The final Education, Health and Care Plan should be signed and dated by Slough Children First officer responsible for signing off the final plan.

Where changes suggested by the child/young person/parent are not agreed, Slough Children First may still proceed to issue the final Education, Health and Care Plan. In either case Slough Children First must notify the child/young person/parent of their right to appeal to the Tribunal and the time limit for doing so, of the requirement for them to consider mediation should they wish to appeal, and the availability of information, advice and support and disagreement resolution services. Slough Borough Council should also notify the child/young person/parent how they can appeal the health and social care provision in the Plan.

7.4 Recording the Education Health and Care Plan on ICS

Slough Borough Council's SEND team send the final EHC Plan to Slough Children First Front Door.

• The EHC Plan is added to the child's file under documents.

The final Education, Health and Care Plan must also be issued to the governing body, proprietor or principal of any school, college or other institution named in the Plan, and to the relevant ICB (or where relevant, NHS England).

As good practice, children and young people should receive the right help and support at the right time. Children and young people with SEND may be more vulnerable to abuse, and this should be carefully considered when commissioning and evaluating services. Leaders should commission services and provision to meet the needs and aspirations of children and young people.

• Plans should be developed and support be provided in a timely way, and meet children and young people’s needs. Services and systems should be designed around the needs of children and young people, and be informed by evidence of what works in achieving good outcomes;
• Children and young people should receive support based on their identified needs when they are awaiting assessment;
• Plans and support should be coordinated within and, where necessary, across providers and services, and be based on a shared understanding of the child or young person;
• Plans and support should be regularly reviewed and updated to reflect changes in children and young people’s skills, independence, understanding and other factors in their lives, including reduced support in line with reduced need where appropriate;
• The wider needs of the child or young person’s family should be considered, and barriers to learning and participation be addressed;
• The Local Authority should identify children and young people’s needs accurately and arrange suitable full-time educational provision to meet the needs of children or young people who require alternative provision as early as possible, for example, ensuring that full-time education for children and young people who have been excluded begins no later than the sixth day of the exclusion;
• The Local Authority should ensure that there are intervention plans for each child and young person in alternative provision, including clear objectives and plans for their next steps, such as returning to mainstream education.

The Local Authority should evaluate how well the alternative provision it commissions is improving outcomes for children and young people, and takes action if needed.

The Local Authority should maintain strong oversight arrangements for alternative provision it commissions, including oversight of each alternative provision’s safety and suitability, and in particular of alternative providers that are not registered as schools.

8. Timescales for Education, Health and Care Needs Assessments and Preparation of an Education, Health and Care Plan

The need for a social care assessment should not delay the completion of the process of assessing and issuing Education Health and Care Plans.

• The whole process of Education, Health and Care Needs Assessment and Education, Health and Care Plan development, from the point when an assessment is requested (or a child/young person is brought to Slough Children First's attention) until the final Education, Health and Care Plan is issued, must take no more than 20 weeks;
• Local Authorities/Slough Children First must give their decision in response to any request for an Education, Health and Care Needs Assessment within a maximum of 6 weeks from when the request was received or the point at which the child/young person was brought to the Local Authority's/Slough Children First's attention;
• When Local Authorities/Slough Children First request information as part of the needs assessment process, those supplying the information must respond in a timely manner and within a maximum of 6 weeks from the date of the request;
• If Slough Children First decides, following an Education, Health and Care Needs Assessment, not to issue an Education, Health and Care Plan, it must inform the child/young person/parent within a maximum of 16 weeks from the request for a needs assessment;
• The child/young person/parent must be given 15 calendar days to consider and provide views on a draft Education, Health and Care Plan and ask for a particular school or other institution to be named in it.

Exemptions apply where:

• Appointments with people from whom Slough Borough Council has requested information are missed by the child/young person;
• The child/young person is absent from the area for a period of at least 4 weeks;
• Exceptional personal circumstances affect the child/young person; and
• The educational institution is closed for at least 4 weeks, which may delay the submission of information from the school or other institution.

The child/young person/parent should be informed if exemptions apply so that they are aware of, and understand, the reason for any delays. All remaining elements of the process must be completed within their prescribed periods, regardless of whether exemptions have delayed earlier elements.

9. Personal Budgets

Children/young people who have Education, Health and Care Plans have the right to request a personal budget, which may contain elements of education, social care and health funding. Each request for a Personal Budget must be considered on its own individual merits.

The child/young person should be given an indication of the level of funding that is likely to be required to make the provision specified, or proposed to be specified in the Education, Health and Care Plan. An indicative figure can be identified through a resource allocation or banded funding system. The local authority / Slough Children First should agree the provision to be made in the plan and help the parent or young person to decide whether they want to take up a Personal Budget. The local authority and Slough Children First should be clear that any figure discussed at this stage is indicative and is a tool to support the planning process including the development of the draft Education, Health and Care Plan. The final allocation of funding budget must be sufficient to secure the agreed provision specified in the Education, Health and Care Plan and must be set out as part of that provision. If the local authority/ Slough Children First is unable to identify a sum of money, they should inform the child/young person/parent of the reasons.

If the local authority / Slough Children First refuses a request for a direct payment for special educational provision, the local authority / Slough Children First must set out their reasons in writing and inform the child/young person/parent of their right to request a formal review of the decision. The local authority must consider any subsequent representation made by the child/ young person/parent, and notify them of the outcome, in writing, setting out the reasons for their decision.

Where the disagreement relates to the special educational provision to be secured through a Personal Budget the child/ young person/parent can appeal to the First-tier Tribunal (SEN and Disability).

The mechanisms of control for funding available to parents and young people include:

• Direct Payments – where individuals receive the cash to contract, purchase and manage services themselves;
• An arrangement – whereby Slough Children First, school or college holds the funds and commissions the support specified in the Education, Health and Care Plan (these are sometimes called notional budgets);
• Third party arrangements – where funds (direct payments) are paid to and managed by an individual or organisation on behalf of the young person;
• A combination of the above.

See also: Personal Budgets and Direct Payments Procedure.

10. Transfer of Education, Health and Care Plans

Where a child/ young person moves to another Trust, the 'old' authority must transfer the Education, Health and Care Plan to the 'new' authority on the day of the move. Where the old authority has not been provided with 15 working days' notice of the move, the old authority must transfer the Plan within 15 working days beginning with the day on which it did become aware.

This applies to all children and young people living in Slough, including those who are looked after by another authority.

Slough Children First is notified when a child or young person known to social care in another authority moves to Slough, including those looked after by another authority but placed in Slough. Any assessment of need for social care services for these children should be aligned with the process for reviewing or assessing eligibility for an Education, Health and Care Plan.

See also: Notifications from Other Local Authorities/Placement Providers Procedure.

11. Reviewing Education, Health and Care Plans

Education, Health and Care Plans should be used to actively monitor the progress of children/young people towards their outcomes and longer term aspirations. They must be reviewed as a minimum every 12 months. The Local Authority's/Slough Children First's decision following the review meeting must be notified to the child/young person/parent within 4 weeks of the review meeting.

Reviews must focus on the child/young person's progress towards achieving the outcomes specified in the Plan, and whether these outcomes and supporting targets remain appropriate.

Reviews should also:

• Gather and assess information so that it can be used by education settings to support the child/young person's progress and their access to teaching and learning;
• Review the special educational provision made for the child/young person to ensure it is being effective in ensuring access to teaching and learning and good progress;
• Review the health and social care provision made for the child/young person and its effectiveness in ensuring good progress towards outcomes;
• Consider the continuing appropriateness of the Plan in the light of the child/young person's progress during the previous year or changed circumstances and whether changes are required including any changes to outcomes, enhanced provision, change of educational establishment or whether the Plan should be discontinued;
• Set new interim targets for the coming year and where appropriate, agree new outcomes;
• Review any interim targets set by the education provider;
• Review any existing Personal Budget arrangements including the statutory requirement to review any arrangements for Direct Payments;
• Review any transition plan that is in place.

Reviews must be undertaken in partnership with the young person/parent and must take account of their views, wishes and feelings, including their right to request a Personal Budget.

Professionals across education, health and care must co-operate with local authorities during reviews.

For looked after children the annual review should, if possible and appropriate, coincide with one of the reviews in their care plan and in particular the personal education plan (PEP) element of the Care Plan.

See also: Virtual School - Promoting the Education of Children Looked After in Early Years.

Local authorities must also review and maintain an education, health and care plan when a young person has been released from custody. The responsible Trust must involve the young person in reviewing whether the plan still reflects their needs accurately and should involve the youth offending team in agreeing appropriate support and opportunities.

The Education, Health and Care Plan review at Year 9, and every review thereafter, should include a focus on preparing for adulthood. It can be helpful for reviews before Year 9 to have this focus too.

12. Inter-relationship with Other Plans

12.1 Adult Services Statutory Care and Support Plans

For disabled children who are likely to have needs when they turn 18, then under the Care Act 2014, Slough Children First must undertake a transitions assessment if it considers it will benefit the individual in them doing so. This is even if the child is not receiving any current services. The Act does not specify a specific age, prior to 18, at which an assessment can be requested, but the phrase 'significant benefit' is used by which Slough Children First can decide if the young person or his/her carer would benefit from an assessment.

Adult social care services are provided by Slough Borough Council. It is the responsibility of the Slough Borough Council Special Educational Needs and Disability team to invite representatives from adult social care at the appropriate stage. Once the young person reaches 18, the care part of their Education, Health and Care Plan is the care plan required by the Care Act 2014.

Where the young person will not qualify for adult social care support, the Adult Social Care Service is responsible for providing advice and guidance about what other support they might access in the community.

No young person should be left without social care support due to waiting for an adult social care assessment. Social care must continue to be provided by Slough Children First until either the young person is receiving support from adult social care, or they have been found to be ineligible.

The assessment is expected to identify what outcomes the service user wants to achieve, what their needs are in the present and what they are likely to be when they turn 18. Advice and information must also be provided about what services exist to either support needs or to reduce them – this includes information on resources deemed as being outside 'formal' services.

If Slough Children First deem that an assessment is not required, then this must be put in writing to the service user, and information about local advice services provided.

When an assessment takes place, Slough Children First is expected to produce a care and support plan at its conclusion, that the young person or adult carer has been closely involved in formulating in order to achieve their identified outcomes. This plan will have to be reviewed at regular intervals.

The Act recognises that there are likely to be several agencies involved in a young person's or carer's life. Therefore, the Act gives local authorities a legal responsibility to cooperate, and to ensure that all the correct people work together to get the transition right. It also allows for multiple assessments by different agencies to be combined to save assessment after assessment from having to take place.

Similarly, a young person's care and support plan could easily become part of an Education, Health and Care Plan, if the young person already has one.

12.2 Care Plans for Looked After Children

Where a child looked after is being assessed for SEN it is vital to take account of information set out in their Care Plan.

The Virtual School team is responsible for:

• Monitoring the educational attainment and progress of all children looked after by Slough Children First;
• Identifying possible special educational needs or disabilities that may require an Education, Health and Care Plan;
• Advocating for the child during the EHC assessment, planning and review process;
• Supporting the alignment of Care Plan Reviews, Personal Education Plan Reviews and the annual review of the Education Health and Care Plan.

SEN professionals must work closely with other relevant professionals involved in the child's life to ensure that the child's Education, Health and Care Plan works in harmony with his/her Care Plan and adds to, but does not duplicate, information about how education, health and care needs will be met.

The assessment must be carried out by the authority where the child lives (i.e. is ordinarily resident), which may not be the same as the authority that looks after the child. If a disagreement arises, the authority that looks after the child, will act as the 'corporate parent' in any disagreement resolution.

It is the Looked After child's social worker (in close consultation with the Virtual School Head in the authority that looks after the child) that will ultimately make any educational decision on the child's behalf. However, the day-to-day responsibility for taking these decisions should be delegated to the carer who will advocate for the child looked after and make appeals to the First-tier Tribunal (SEN and Disability) as necessary.

For Previously Looked After Children the SEN assessment should be aware of, and take into account, any factors relating to the child's previous looked after status that are relevant. The child's carer with parental responsibility will ultimately make any educational decision on the child's behalf but be offered support and guidance from the VSH who might also advocate on the child's behalf where necessary.

Once placed in a school the child's progress will be monitored and promoted in the school by the Designated Teacher who will need to be aware of the child's looked after legal status, contact arrangements and the child's care plan including the level of authority delegated to the named carer.

The Designated Teacher has a wide range of responsibilities, including:

• The development and implementation of the child's PEP and ensuring all other staff in the school are aware of the plan and are working to it;
• Safeguarding;
• Ensuring children who are entitled to Premium Pupil Funding are attracting it and that it is being used to support and benefit Looked After and Previously Looked After Children as intended and this is reflected in the PEP;
• Advising and supporting teachers and other school staff in whole school approaches that enable Looked After and Previously Looked After Children to thrive and achieve;
• Promoting positive home and school links;
• Monitoring the children's progress against their peers.

For a child in a stable, long-term foster placement it may well be appropriate for the carer to take on the responsibility of managing a Personal Budget but this will need careful case-by-case consideration.

12.3 Children in Need

For all children who have social care plans, e.g. a child in need plan, the social worker should co-ordinate any outward facing plan with other professionals. Where there are specific child protection concerns resulting in action under section 47 of the Children Act 1989, careful consideration should be given to how closely the assessment processes across education, health and care can be integrated, in order to ensure that the needs of vulnerable children are put first.

Education, Health and Care Plan reviews should be synchronised with social care plan reviews, and must always meet the needs of the individual child.

12.4 Pathway plans for care leavers

Care leavers have a pathway plan, setting out the support that they receive from Slough Children First, including support from a Personal Adviser and financial and practical support for their living arrangements, education training and/or employment. All 'formerly relevant' care leavers receive support up to age 25.

The last CLA Review before a young person leaves care must set out the support the young person will continue to receive as part of their Education, Health and Care Plan and the role of the Personal Advisor in supporting them.

Care leavers with an Education Health and Support Plan will also continue to have an EHC Plan up to the age of 25. The young person's Personal Advisor should be involved in planning for any EHC needs assessment and plan review and should be invited to review meetings.

See also: Leaving Care and Transition Procedure.

13. Transitions from Children's to Adults' Services

Transition describes the time in a young person's life when they are leaving children's social care and health services and entering adult social care and health services. The Care Act identifies the transition period as being between 14 and 25 years old. However, in Slough the process will begin at 14 years when the young person is in year 9.

13.1 Transitions for children supported by the Children with Disabilities Team

Some Overarching Principles

For those young people receiving children’s social care support care who are eligible for care & support under the Care Act 2014, it is the responsibility of both Children’s and Adults service to work jointly and proactively to prepare that young person for adulthood.

Planning for transition/PfA should start as early as possible to identify those young people who will be eligible for adult social care support and to allow for a transfer to adult social care at a time that is right for them. These need not be on a young person’s 18th birthday, and transition to ASC should be considered in the context of other life events & changes for that young person.

The Care Act assessment carried out with young people, should focus on strengths as well as needs and a statement of eligibility for care and support from adult social care should be provided. Where a young person is not eligible, ASC should provide information and signposting.

That the Mental Capacity Act applies to young people aged 16+ and they should be at the heart of decision making, with support as necessary. Where there is an indication that a young person may not have the capacity to make a certain decision, even with support, then a capacity assessment regarding that specific decision must be undertaken. 

The Council’s corporate parenting responsibilities apply across Council departments.

Ordinary Residence - Looked after Children Transitioning to Adult Social Care Services

Prior to the Cornwall judgment, a looked after child who had been placed in accommodation out of area retained the ordinary residence of the local authority who had made the placement, however upon the child turning 18 that presumption could be rebutted by the circumstances of the case.

In Cornwall, the Supreme Court held that a looked after child who had been placed in foster care in local authority A by local authority B and who was ordinarily resident in local authority B, continued to be ordinarily resident in local authority B when he reached 18 for the purposes of deeming provisions in the 1948 Act. The Supreme Court set out that the underlying purpose behind deeming provisions in both children’s and adult legislation is that: ‘an authority should not be able to export its responsibility for providing the necessary accommodation by exporting the person who is in need of it.’

This means that any person who moves from accommodation provided under the Children Act (1989) to accommodation provided under the National Assistance Act or the Care Act, remains ordinary resident in the local authority in which they were ordinarily resident under the Children Act. This includes a situation where a child has been placed out of area under the Children Act as a looked after child, and requires residential accommodation under the National Assistance Act or the Care Act at age 18 as well as leaving care support under the Children Act.

The accommodation to which the adult deeming provisions apply is:

• Specified accommodation (under the Care Act in circumstances where the adult’s needs can be met only if they are living in accommodation of a specified type. The types currently specified are: care homes, shared lives scheme accommodation and supported living accommodation);
• NHS accommodation (under the Care Act);
• Residential accommodation (under the National Assistance Act);
• NHS accommodation (under the National Assistance Act).

The above guidance applies where the person is provided with the specified accommodation as set out above for  looked after children who have been placed in residential accommodation out of area under the Children Act and who transition to adult social care services.

In cases where those deeming provisions do not apply, although the provisions of the Children Act normally no longer apply once a young person reaches 18, local authorities should start from a presumption that for the purposes of the National Assistance Act or the Care Act, the young person remains ordinarily resident in the local authority in which they were ordinarily resident under the Children Act.

However, this is only a starting point and if the young person remains in the area in which they were placed as a child or moves to a new local authority area the presumption may be rebutted by the circumstances of the individual’s case and the application of the Shah test.

(R v Barnet LBC, Ex p Shah [1983] AC 309. The Shah test states "ordinarily resident refers to a man's abode in a particular or place or country that he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or of long duration.")

Funding

There should be no gap in provision for young people transitioning to adult services. Early referral from SCF and early allocation by ASC at 17yrs should ensure that there is a seamless transition to an adult funded service at 18 yrs (or the agreed transition date).

However, there may occasions where continued funding by SCF is required. This could be:

• Where it agreed by all parties at 17 ½ yrs that the young person will not be ready to transition to ASC at 18yrs and that a slightly longer period in a SCF funded service is necessary. Legislation allows for a flexible transition age in some cases. This could be either CWD funded service or a staying put arrangement;
• Where a referral to ASC has not been made in a timely way (ie before 17yrs) and where there is insufficient time for ASC to make the necessary arrangements for the young person’s transition to an adult social care service. This will be determined on a case by case discussion. It is acknowledged that there may be occasions where it is not possible to refer before 17yrs.

Where sufficient notification has been given and ASC have not arranged for adult provision to start at 18 (or the agreed transition date), then ASC will be responsible for funding the SCF children’s social care package until such times as the ASC provision commences. This will be done on a recharge basis.

Transition Process

13.2 Advocacy

Assessment for transition to Adult Social Care and support must involve the young person and anyone else they want to involve in the assessment. The Care Act places a duty on local authorities to provide an independent advocate to facilitate the involvement in assessment, and at any point throughout the transition process, where an individual would experience substantial difficulty in understanding the necessary information or in communicating their views.

13.3 Children looked After and Care Leavers

Slough Children First will continue to have a responsibility to support children who have been looked after and who are eligible for services into adulthood, especially if the young person is in education or has a disability.

Adult Social Care will nominate a named Social worker as a key contact for the transition process.

Slough Children First will facilitate the transition process for any young person who has been placed out the borough and who wishes to remain in their location in adulthood due to the networks and relationships they may have developed. It will be the responsibility of the young person's Slough Children First social worker to facilitate the transitions process and ensure that all the processes are followed in accordance with the transitions protocol in the borough that the young person has been placed.

Slough Children First has a duty to consider the needs of young people placed in Slough by other local authorities as part of this Protocol. When a young person reaches 18 and has eligible needs for care and support under the Care Act 2014, Adult Social Care will assess their needs and ordinary residence to determine which local authority will be responsible for ensuring that their needs are met.

If adult care and health support is not in place on the young person's 18th birthday and the young person or their carer has been receiving services under children's legislation; Slough Borough Council or Slough Children First must continue to provide services until such time that the transition assessment has been completed and a decision reached about eligible needs and how these will be met.

A young person who is placed outside of the borough and is assessed as unable to make decisions about their care and treatment remains the responsibility of the placing authority.

14. Funding Issues - Ordinary Residence

All children receiving services under the Children Act 1989 are ordinarily resident in Slough Children First area that has arranged their services. This is also the case when those services include a placement in another Trust area.

This Section takes into account the amendments to the Care and Support statutory guidance in December 2016 that reflected the findings of the Supreme Court in the case of R v Secretary of State [2015] (UKSC46 Cornwall) which particularly applied to adults who lack capacity in terms of making a decision as to where they live and Looked After Children transitioning to adult social care and other accommodation.

When a child who has been placed in another area reaches the age of transition, and is deemed eligible for on-going services under the Care Act 2014 they may or may not remain ordinarily resident in the placing Trust area.

The first determining factor is whether or not they continue to need accommodating in a residential home, hospital, supported living scheme or shared lives scheme. If this is the case then under Section 39 of the Care Act they remain ordinarily resident in Slough Children First that placed them.

If they do not require specialist accommodation, the Shah test applies. These deeming provisions relating to specific types of accommodation are included in the Care Act to ensure that Slough Children First is not able to 'export its responsibility for providing necessary accommodation by exporting the person who is in need of it'.

The Shah test is the means by which consistent and lawful decisions about ordinary residence are made - see Ordinary Residence: Guidance on the identification of the ordinary residence of people in need of community care services, England.

There are 4 steps to the Shah test. However, if a person is deemed to lack capacity the first step does not apply:

• Is the person voluntarily living in the area;
• The person's connection with the area, (viz. family, friends, work, education and professional support networks);
• The duration of their residence there;
• Their wishes and feelings – all decisions must consider the views and wishes of the person in relation to the above, and where this is not clearly possible, any decision must be made in the person's best interests and consider the impact on their Wellbeing on any decision made.

15. Ceasing to Maintain an Education, Health and Care Plan

Slough Children First may cease to maintain an Education, Health and Care Plan for a child/ young person only if:

• The authority is no longer responsible for the child/ young person; or
• The authority determines that it is no longer necessary for the plan to be maintained.

'No longer necessary' can include where the child/ young person no longer requires the special educational provision specified in the Education, Health and Care Plan. When deciding whether a young person aged 19 or over no longer needs the special educational provision specified in the Plan, Slough Borough Council must take account of whether the education or training outcomes specified in the Education, Health and Care Plan have been achieved. Slough Borough Council must not cease to maintain the Education, Health and Care Plan simply because the young person is aged 19 or over.

The circumstances where Slough Borough Council is 'no longer responsible' for the young person include:

• A young person aged 16 or over leaves education to take up paid employment (including employment with training but excluding apprenticeships);
• The young person enters higher education;
• A young person aged 18 or over leaves education and no longer wishes to engage in further learning;
• The child or young person has moved to another Trust area.

Where a child/young person of compulsory school or participation age – i.e. under the age of 18 – is excluded from their education or training setting or leaves voluntarily, Slough Children First must not cease their Education, Health and Care Plan, unless it decides that it is no longer necessary for special educational provision to be made for the child/young person in accordance with an Education, Health and Care Plan. The focus of support should be to re-engage the child/ young person in education or training as soon as possible and Slough Children First must review the Plan and amend it as appropriate to ensure that the child/young person continues to receive education or training.

Where a young person aged 18 or over leaves education or training before the end of their course, Slough Children First must not cease to maintain the Education, Health and Care Plan unless it has reviewed the Plan to determine whether the young person wishes to return to education or training, either at the educational institution specified in the Plan or elsewhere. If the young person does wish to return to education or training, and Slough Children First thinks it is appropriate, then Slough Borough Council must amend the Education, Health and Care Plan as necessary and must maintain the Plan. Slough Children First should seek to re-engage the young person in education or training as soon as possible.

Where Slough Children First is considering ceasing to maintain a child/ young person's Education, Health and Care Plan it must:

• Inform the child/young person/parent that it is considering this and consult with them;
• Consult the education institution named in the Education, Health and Care Plan.

Where, following the consultation, Slough Borough Council decides to cease to maintain the Education, Health and Care Plan, it must notify the child/ young person/parent, the institution named in the Education, Health and Care Plan and the responsible ICB of that decision. Slough Children First must also notify the child/ young person/parent of their right to appeal that decision and the time limit for doing so, of the requirement for them to consider mediation should they wish to appeal, and the availability of information, advice and support, and disagreement resolution services.

Support should generally cease at the end of the academic year, to allow young people to complete their programme of study. In the case of a young person who reaches their 25th birthday before their course has ended, the Education, Health and Care Plan can be maintained until the end of the academic year in which they turn 25, (or the day the apprenticeship or course ends, or the day before their 26th birthday if later). It is important that a child or young person's exit from an Education, Health and Care Plan is planned carefully, to support smooth transitions and effective preparation for adulthood.

Where a young person aged 18 or over is in receipt of adult services, Slough Children First should ensure that adult services are involved in and made aware of the decision to cease the young person's Education, Health and Care Plan. Where the care part of an Education, Health and Care Plan is provided by adult services because the person is 18 or over, the care plan will remain in place when the other elements of the Education, Health and Care Plan cease. There will be no requirement for the young person to be re-assessed at this point, unless there is reason to re-assess him or her for health and social care because their circumstances have changed.

Where the young person/parent disagrees with the decision to cease their Education, Health and Care Plan, they may appeal to the Tribunal. Slough Borough Council must continue to maintain the Education, Health and Care Plan until the time has passed for bringing an appeal or, when an appeal has been registered, until it has been concluded.

16. Young Carers and Parent Carers of Disabled Children

Young Carers

Under the Young Carers (Needs Assessment) Regulations 2015, Slough Children First must carry out a young carer's needs assessment in a manner which is appropriate and proportionate to the needs and circumstances of the young carer to whom it relates.

The assessment needs to take into account:

1. The young carer's age, understanding and family circumstances;
2. The wishes, feelings and preferences of the young carer;
3. Any differences of opinion between the young carer, the young carer's parents and the person cared for, with respect to the care which the young carer provides (or intends to provide); and
4. The outcomes the young carer seeks from the assessment.

Before the assessment starts Slough Children First must provide the following people with clear information about the manner and form of the assessment, in order to enable the young person to participate with it as fully as possible:

1. The young carer;
2. The person cared for;
3. The young carer's parents;
4. Any other person whom the young carer or a parent of the young carer requests should participate in the assessment.

The assessment must determine the following:

1. The amount, nature and type of care which the young carer provides (or intends to provide);
2. The extent to which this care is (or will be) relied upon by the family, including the wider family, to maintain the well-being of the person cared for;
3. Members of the extended family or friends, and how they can contribute to any identified outcomes;
4. Whether the care which the young carer provides (or intends to provide) impacts on the young carer's well-being, education and development;
5. Whether any of the tasks which the young carer is performing (or intends to perform) when providing care are excessive or inappropriate for the young carer to perform having regard to all the circumstances, and in particular the carer's age, sex, wishes and feelings;
6. Whether any of the young carer's needs for support could be prevented by providing services to:
   1. The person cared for; or
   2. Another member of the young carer's family;
7. What the young carer's needs for support would be likely to be if the carer were relieved of part or all of the tasks the young carer performs (or intends to perform) when providing care;
8. Whether any other assessment of the needs for support of the young carer or the person cared for has been carried out;
9. Whether the young carer is a child in need;
10. Any actions to be taken as a result of the assessment;
11. The arrangements for a future review.

Furthermore, Slough Children First must consider the impact of the needs of the young carer's family on the well-being of the young carer and any child in that family and, in particular, on their education and personal and emotional development.

Slough Children First must both take into account the outcome of any other assessment already undertaken in regard to the young carer, the person cared for or a member of the young carer's family, as well as combine a young carer's assessment with any other assessment being undertaken.

Parent Carers

Parent Carers have rights to stand-alone assessments under the Children and Families Act 2014.

Section 97 of the Children and Families Act 2014 requires local authorities to assess parent carers on the appearance of need or where an assessment is requested by the parent.

This is called a "parent carers needs assessment".

It is the responsibility of the social worker to consider if a carer assessment is necessary as part of the child and family assessment, given the appearance of need, or on request from the parent/ carer.

The Carer Assessment form should be used to identify the support carers need.

Where requested, then Slough Children First must assess whether that parent has needs for support and, if so, what those needs are. The assessment must include an assessment of whether it is appropriate for the parent to provide, or continue to provide, care for the disabled child, in the light of the parent's needs for support, other needs and wishes.

The assessment must also have regard to:

• The well-being of the parent carer; and
• The need to safeguard and promote the welfare of the child and any other child for whom the parent carer has parental responsibility.

Following assessment, Slough Children First must then decide:

• Whether the parent has needs for support;
• Whether the child has needs for support;
• And if so whether those needs could be met (wholly or partly) by services under Children Act 1989, s17.

Services to be provided for parent carers of disabled children can be included in Section H1 of the EHC plan, if the child has one.

As part of transition planning, the needs of carers should also be assessed or reviewed to explore the impact of changing circumstances on the carer.

Under Section 10 of the Care Act 2014 carers for young people over 18 do not have to request an assessment to obtain one; they must be completed by Slough Children First on appearance of need.

The carer does not have to establish that they are providing substantial care on a regular basis to qualify.

The only requirement is that the carer 'may have needs for support – whether currently or in the future'.

The assessment must consider:

• Whether the carer is able/willing to provide and continue to provide the care;
• The impact on the carer's 'well-being' of their caring role;
• The outcomes the carer wishes in day-to-day life;
• Whether the carer works or wishes to work (and/or) to participate in education, training or recreation.

17. Resolving Disagreements

The following must be available for resolution of disputes:

• Local Authorities must make available independent arrangements for:
  • Disagreement resolution arrangements for disagreements across special educational provision, and health and care provision in relation to Education, Health and Care (EHC) plans;
  • Independent mediation arrangements which parents and young people can use before deciding whether to appeal to the First-tier Tribunal (Special Educational Needs (SEN) and Disability) ('the Tribunal') and for health and social care complaints in relation to EHC plans;
  • Complaints and Representations Procedure.
• Appealing to the First-tier Tribunal (Special Educational Needs (SEN) and Disability) ('the Tribunal') (see the GOV.UK Website) or making disability discrimination claims;
• Services for the provision of Dispute Resolution Arrangements and Mediation Arrangements, whilst commissioned by it, must be independent of the Local Authority – no-one who is directly employed by the Local Authority can provide the services.

Disagreement resolution arrangements apply more widely. They cover all children and young people with SEN (not just those who are being assessed for or have an Education, Health and Care Plan), and a range of disagreements, including any aspect of SEN provision, health and social care provision, disagreements during the processes related to Education, Health and Care Needs Assessments and Education, Health and Care Plans, and disagreements between health commissioners and Local Authorities. Disagreement resolution services are voluntary and can be used at any time, if both parties agree, including while an Education, Health and Care Needs Assessment is being conducted, while the Education, Health and Care Plan is being drawn up, after the Plan is finalised or while an appeal is going through the Tribunal process (see: Disputes about special educational needs in England, House of Commons Library).

Mediation arrangements apply to parents and children/young people who are considering appealing to the Tribunal in relation to Education, Health and Care Needs Assessments and Education, Health and Care Plans, e.g. following a decision not to carry out an Education, Health and Care Needs Assessment, not to draw up an Education, Health and Care Plan, after a final or amended Education, Health and Care Plan is drawn up, following a decision not to amend an Education, Health and Care Plan, or a decision to cease to maintain an Education, Health and Care Plan. Parents and children/young people must contact a mediation adviser before registering an appeal with the Tribunal.

When the Local Authority sends the parent or child/young person notice of a decision which can be appealed to the Tribunal it must advise them of their right to go to mediation and that they must contact a mediation adviser before registering an appeal with the Tribunal. The notice must give the contact details of a mediation adviser, contain the timescales for requesting mediation and the contact details of any person acting on behalf of the Local Authority whom the parent or child/ young person should contact if they wise to pursue mediation. The notice should also make clear that parents' and child/ young people's right to appeal is not affected by entering into mediation.

If the parent or child/ young person decides to proceed with mediation then the Local Authority must ensure that a mediation session takes place within 30 days of the mediation adviser informing the Local Authority that the parent or child/ young person wants to go to mediation, although it may delegate the arrangement of the session to the mediator. Parents or children/young people do not have to pay for the mediation session(s). The Local Authority must attend the mediation.

The High Court in Kumar –v- London Borough of Hillingdon [2020] EWHC 3326 (Admin) held that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer.

Mediation for health and social care issues - Parents and young people can go to mediation about the health and social care elements of an EHC plan, but this is not compulsory.

Registering an appeal with the First-tier Tribunal (Special Educational Needs (SEN) and Disability

Children/young people/parents have 2 months to register an appeal with the Tribunal (see Special Educational Needs and Disability Tribunal, GOV.UK Website), from the date of the notice containing a decision which can be appealed or 1 month from the date of a certificate which has been issued following mediation or the parent or child/young person being given mediation information, whichever is the later. Where it is fair and just to do so the Tribunal can accept appeals outside the 2 month time limit.

The Tribunal can make a recommendation about health and social care needs or provision as part of an appeal by a parent or young person relating to:

• A decision by the LA not to issue an EHC plan;
• A decision by the LA not to carry out a re-assessment for a child/young person who has an EHC plan;
• A decision by the LA not to amend an EHC plan following a review or reassessment;
• A decision by the LA to cease to maintain an EHC plan;
• The description of the child/young person's special educational needs in an EHC plan;
• The special educational provision specified in an EHC plan;
• The school or other educational institution named in an EHC plan.

The Tribunal also handles appeals against decisions to refuse young people in custody:

• An EHC assessment;
• An EHC plan after assessment;
• A placement to a suitable school or other educational institution after their release.

It also handles appeals against discrimination by schools or Local Authorities due to a child's disability.

The Tribunal can dismiss the appeal, order the Local Authority to carry out an assessment, or to make and maintain an Education, Health and Care Plan, or to maintain a Plan with amendments. The Tribunal can also order the Local Authority to reconsider or correct a weakness in the plan, for example, where necessary information is missing.

For an appeal against a refusal to issue an EHC plan, if the Tribunal orders a plan to be made, it has the power to recommend that health and social care needs and provision be specified when the plan is drawn up. Where health and social care needs and/or provision are not included in the plan, the Tribunal has the power to recommend they be specified in the plan. Where health and social care needs and/or provision are included in the plan, the Tribunal has the power to recommend that the need or provision be amended. When the Tribunal orders the Local Authority to reconsider the special educational provision in an EHC plan, the Tribunal can also consider whether the education and training outcomes specified are sufficiently ambitious for the child or young person.

Guidance: Carry Out an Order in Special Educational Needs Cases sets out how the local authority must respond to orders made by the Tribunal, including time limits.

Since September 2021, the Tribunal has extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements.

See SEND Tribunal: Extended Appeals Guidance for Local Authorities, Health Commissioners, Parents and Young People.

The extended powers enable parents and young people to appeal to the Tribunal about decisions concerning EHC needs assessments and plans. Previously, they were only able to appeal about the special educational needs and provision sections and the placement section of EHC plans. The extended powers give parents and young people rights to request recommendations about the health and social care needs and provision specified in EHC plans, in addition to the educational aspects, when making a SEND appeal. This applies for all SEND appeals apart from those that are only about carrying out an EHC needs assessment. The Tribunal's extended powers to make non-binding recommendations on the health and social care aspects of EHC plans, give parents and young people the opportunity to raise all their concerns about an EHC plan in one place.

The Tribunal can make non-binding recommendations on:

• The health and social care needs specified in EHC plans;
• The health and social care provision specified in EHC plans related to the learning difficulties or disabilities that result in the child or young person having SEN;
• The social care provision specified in EHC plans that is made under Section 2 of the Chronically Sick and Disabled Persons Act 1970.

If the Tribunal orders a plan to be made it has the power to recommend that, when drawing up the plan, health and/or social care needs and provision are specified. Where health and/or social care needs or provision is not included in the plan the Tribunal has the power to recommend it be specified in the plan. Where health and/or social care needs or provision is included in the plan the Tribunal has the power to recommend that the need and provision be amended. Although any recommendations made by the Tribunal on health and social care elements of an EHC plan are non-binding and there is no requirement to follow them, they should not be ignored or rejected without careful consideration. Any reasons for not following them must be explained and set out in writing to the parent or young person. Should a Local Authority or responsible health commissioning body decide not to follow the recommendations of the Tribunal, parents and young people can complain to the Ombudsman or seek to have the decision judicially reviewed.

Local Authorities must notify parents and young people of the Tribunal's power to make nonbinding recommendations on the health and social care needs or provision specified in EHC plans when they:

• Notify a parent/young person of a decision not to issue an EHC plan;
• Send a final version of an EHC plan to a parent/young person;
• Send an amended version of an EHC plan to a parent/young person;
• Notify a parent/young person of a decision not to carry out a reassessment where an EHC plan already exists;
• Notify a parent/young person of a decision not to amend an EHC plan following a review or re-assessment notify a parent/young person of a decision to cease to maintain an EHC plan.

Local Authorities must include information on the extended right to appeal in their Local Offers.

If requested by the Tribunal, Local Authorities must provide evidence from the health and social care bodies in response to the issues raised, within the timeframe specified, and as necessary can seek permission to bring additional witnesses to the hearing.

The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 provide for the availability of non-means tested legal aid for Tribunal appeals made by foster carers or prospective adopters on behalf of Looked After children or young people who continue to reside with a former foster carer under a staying put arrangement where that young person lacks capacity and cannot bring the appeal themselves.

18. Further Information and Statutory Guidance

Legislation, Statutory and Government Non-Statutory, Guidance

SEND: 19 to 25 year olds' entitlement to EHC plans

Special Educational Needs and Disability Code of Practice: 0 - 25 years Statutory Guidance for Organisations who work with Children and Young People with Special Educational Needs and Disabilities (revised January 2015) - This statutory code contains: details of legal requirements that you must follow without exception and the statutory guidance that you must follow by law unless there's a good reason not to.

0 to 25 SEND Code of Practice: A Guide for Health Professionals – Advice for Integrated Care Boards, Health Professionals and Local Authorities 

DfE/DHSC Send Resources - a range of resources to support the work on special educational needs and disability (SEND).

Care and Support Statutory Guidance (GOV.UK), Statutory guidance to support local authorities implement the Care Act 2014.

Statutory Guidance: Designated Teacher for Looked After and Previously Looked After Children - for children who are Looked After or Previously Looked After and have SEN,

Children and Young People's Continuing Care National Framework (DHSC 2016) - The process for assessing, deciding and agreeing continuing care for children with complex health needs.

The Young Carers (Needs Assessment) Regulations (March 2015)

Guidance: Area SEND Inspections Framework and Handbook (November 2022)

Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability.

Guidance: Carry Out an Order in Special Educational Needs Cases

Good Practice Guidance

NICE guideline [NG213] Disabled Children and Young People up to 25 With Severe Complex Needs: Integrated Service Delivery and Organisation Across Health, Social Care and Education - This guideline covers support for disabled children and young people with severe complex needs, from birth to 25 years. It aims to encourage education, health and social care services to work together and provide more coordinated support to children and young people, and their families and carers.

Useful Websites

Carers UK - resources and information on young carers (including assessment tools).

Special Education Needs in England: support in England (House of Commons Library, April 2021)

Disputes about Special Educational Needs in England (House of Commons Library)