Links between the Children and Families Act 2014 and the Care Act 2014
Compiled by Jeanette Essex, Solihull MB Council
What the Law Says:
|Children and Families Act 2014||Care Act 2014|
|1. OUTCOMES AND WELLBEING|
| • Outcome focus;
• Preparing for Adulthood outcomes from Year 9:
– Independent living
– Friends, relationships and community participation
• Focus on choice and control over support for young people and their families;
• Focus on the importance of the involvement of parents and young people in decision making;
• Must have regard to the wellbeing duty in the Care Act when providing support to parent carers.
• Duty to ensure integration of services across education, health and care, in particular where it promotes the wellbeing or improves the special educational provision that is available.
|• Outcome focus;
• Duty to promote wellbeing, including:
– Control by the individual over day-to-day life (including over care and support, or support, provided to the individual and the way in which it is provided);
– Participation in work, education, training or recreation;
– Social and economic wellbeing;
– Domestic, family and personal relationships
– Suitability of living accommodation;
– The individual’s contribution to society.
• Care and support works to actively promote people’s wellbeing and independence, rather than waiting for people to reach a crisis point;
• Duty to provide or arrange for the provision of services, facilities or resources that contribute towards preventing or delaying the development of care and support needs;
• When promoting individual wellbeing the local authority must have regard to the importance of achieving a balance between the individual’s wellbeing and that of any friends or relatives who are involved in caring for the individual
|2. ASSESSMENT AND PLANNING|
|• Single, co-ordinated assessment process;
• Single Education, Health and Care plan for young people with SEN, which can potentially continue up to the age 25;
• Emphasis on person-centred practice;
• Children and young people are engaged, empowered and supported to participate in planning for their future;
• Focus on preparation for adulthood from Year 9 (AGE 14) at the latest;
• Duty to assess a parent carer or a young carer if it appears they may have needs for support, or if they request an assessment, where the local authority are satisfied that they may provide or arrange for the provision of services under section 17 of the Children Act 1989;
• Parent carers’ needs assessment must have regard to:
– the wellbeing of the parent carer;
– the need to safeguard and promote the welfare of the disabled child cared for, and any other child for whom the parent carer has parental responsibility.
• Young carers’ needs assessment must have regard to:
– the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and the extent to which the young carer works or wishes to work
|• Duty to carry out an Assessment for young people over 18;
• Duty to produce a Care and Support plan for anyone over 18 where eligible needs are identified;
• Duty to carry out a Child’s Needs Assessment (CNA) if there is likely to be care and support needs post-18;
• Duty to carry out a CNA at a time when it is of significant benefit to the young person’s preparation for adulthood;
• CNA can be requested by young people or parents at any age;
• Adult Need’s Assessments carried out for individuals over the age of 18 must include a personal budget
• Duty to carry out Child’s Carer’s Needs Assessment and Young Carer’s Needs Assessment where there is “likely need” for support post-18 and when it is of “significant benefit”;
• A Carer’s Assessment must include an assessment of:
– Whether the carer is able, and is likely to continue to be able, to provide care and whether the carer is willing to do so;
– The outcomes that the carer wishes to achieve in day-to-day life;
– Whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes
|JOINT COMMISSINING AND PERSONAL BUDGETS|
|• Integrate education, health and care services to promote wellbeing;
• Put in place joint commissioning arrangements including securing provision set out in EHC plans;
• Requirement to cooperate to meet EHC needs;
• Young people and families have a right to request a personal budget if they have an EHC plan;
• Right to request a direct payment.
|• Ensure the integration of care and support with health provision and health-related provision where this would: – promote the wellbeing of adults and carers;- contribute to the prevention or delay of the development of needs for care and support;
– improve the quality of care and support for adults.
• Duty to promote the efficient and effective operation of a market in services for meeting care and support needs, with a view to ensuring that any person in its area wishing to access services in the market:
– has a variety of providers to choose from who, collectively, provide a variety of services;
– has a variety of high quality services to choose from;
– has sufficient information to make an informed decision about how to meet the needs in question.
• Requirement to cooperate with each of its relevant partners, and each relevant partner must cooperate with the authority, in relation to adults with care and support needs in its area;
• Care and Support plan for individuals over the age of 18 must include a personal budget;
• Right to request a direct payment.
|INFORMATION, ADVICE AND SUPPORT|
|• Duty to develop a Local Offer of services and support available across education, health and care from 0-25 for disabled children and young people and those with SEN and their parent carers;
• The Local Offer must be co-produced with disabled children and young people and those with SEN and their parent carers;
• Duty to provide Information, Advice and Support (IAS) directly to children, young people and parents on matters relating to SEN and disability;
• IAS available through a single point of access which can signpost to other services and types of information;
• All information from both the Local Offer and the IAS service must be accessible.
• Duty on local authorities to review their local offer, publish comments that they receive on their local offer and publish their response to those comments.
|• Duty to establish and maintain a service to provide information and advice support to individuals and relating to support for carers.The service must provide information about:- How the system operates in its area;
– The choice of types of care and support and choice of providers;
– How to access the care and support;
– How to access independent financial advice on matters relevant to meeting the needs for care and support;
– How to raise concerns about the safety and wellbeing of an adult;
– Provide sufficient information and advice to enable adults to plan for meeting care and support needs that may arise;
– Information must be accessible.