5.6.8 Protocol: Leaving Care and Children's Disability Services |
Amended November 2009:
This Chapter has been substantially amended, it is advisable to read the whole Chapter.
Contents
1. Context
For the purposes of this protocol the term "disabled young person" is taken to mean someone with a learning disability and/or physical disability and/or sensory impairment as defined by Sect 17(11) Children Act 1989.
Disabled young people may well face more barriers than other Looked After Children who are leaving care and may also have needs specifically related to impairment. It is essential to ensure that these needs are met when preparing these young people for leaving care and subsequently providing after care. At the same time care must be taken to ensure these young people do not fail to achieve their full potential as a result of under-expectation on the part of those caring for them.
1Account should be taken of any transition plan drawn up under the Special Educational Needs Code of Practice and of the duties to any young person who is subject to a statement of special educational needs (Sect 322 Education Act 1996).
It is important to note that the needs of young people with disabilities will not cease when they leave care and it is essential to ensure a smooth transition from Children's to Adult's Services.
2. Aims
Looked after Children and care leavers with disabilities have additional needs and vulnerability and Leaving Care policies must be inclusive of these young people. The 16 Plus Support Team should ensure that disabled careleavers are supported in ways that promote their choice and independence. The 16 Plus Support Team should work closely both with the young person, their family where appropriate and other agencies in planning for their future.
Care leavers with disabilities should, as with all care leavers be included in consultation around the planning and delivery of care leaving services. They should participate fully and be involved in making choices in the same way as non-disabled care leavers. Special consideration should be given to ensure how this best happens particularly in the case of care leavers who have communication difficulties.
The 16 Plus Support Team recognises that the needs of profoundly disabled young people are highly complex and specialised. It is appropriate therefore that the 16 Plus Support Team provides assistance to the primary service as well as ensuring that duties under the Children (Leaving Care) Act 2000 are met. This also avoids any duplication or confusion over roles and responsibilities.
3. Procedure
Looked after young people with a mild to moderate learning disability where case responsibility rests with one of the three Area Social Care Teams will be transferred to the 16 Plus Support Team on or around their 16th birthday. (See Case Transfers from Area Teams to the 16 Plus Support Team Procedure)
If the young person is assessed as being able to move to independent or semi-independent living at some point post-18, case responsibility will remain with the 16 Plus Support Team until the age of 21 (or 24 if engaged in an agreed programme of education or training)
If the young person is assessed as continuing to require a care placement post -18, case responsibility will transfer to the Community Learning Disability Team at 18 years of age. (See Protocol: 16 Plus Support Team and Adult Community Learning Disability Team Procedure)
Where case responsibility for disabled Looked After Children rests with the Children's Disability Service, transfer to the 16 Plus Support Team will not take place. Case responsibility will remain with the Children's Disability Service until transfer to the Community Learning Disability or Physical Disability Teams at 18/19 years of age.
To ensure that the above aims are met, all Looked After Children with a profound disability will be referred by their keyworker to the Service Manager, 16 Plus Support Team on or around their 16th birthday. The referral process will be basis case detail together with a copy of the last LAC Review. The young person will then be allocated their Leaving Care Personal Adviser from the 16 Plus Support Team. A meeting between Social Worker, Leaving Care Personal Adviser and Transitions Worker if appropriate will be held with the purpose of determining the roles of the respective workers. It should be noted that case responsibility will be retained by the Children's Disability Service.
The role of the Leaving Care Personal Adviser will be to assist in ensuring that the young person's rights and entitlements under the Children (Leaving Care) Act 2000 are met. Specific examples could be around financial support and incentives while continuing in Further Education and the flexible use of Setting Up Allowances on a case-by-case basis. In the majority of cases the primary need is to effect a smooth transition to Adult Services and the 16 Plus Support Team may therefore perform a relatively minor role.
When case responsibility transfers from Children's Disability Service to Community Learning Disability or Physical Disability Teams, the young person will retain their Leaving Care Personal Adviser until the age of 21 (or 24 if engaged in an agreed programme of education or training). The role of the Leaving Care Personal Adviser will be to ensure that Pathway Plans are compatible with Adult Services case planning.
4. Agreement
This protocol was formally agreed between Miranda Wharam, Service Manager, Children's Disability Service and Dermot Anketell, Service Manager, 16 Plus Support Team in January 2007.
End.