Social Care 

** THIS PAGE IS BEING UPDATED- 15.01.25 **

This page will support your understanding of children and adult Social Care services available to you.
Children Social Care services and Adult Social Care services have a duty to assess and provide support to those in ‘need’.
The support is for children, adults, and families.
Social care works in partnership with a range of services including health; education; housing; voluntary and independent organisations.

SOCIAL CARE EXPLAINED

Social care is a term that generally describes all forms of personal care and other practical assistance for children, young people and adults who need extra support.

Some families will need practical support both inside and outside the home. Local authorities have a legal responsibility to help families that meet the criteria for their different services.

The SEND Code of Practice 2015 says:

If children and young people with SEN or disabilities are to achieve their ambitions and the best possible educational and other outcomes, including getting a job and living as independently as possible, local education, health and social care services should work together to ensure they get the right support. (1.22)

You have a right to have your child and family’s needs assessed by social services. The legal duties of social services to disabled children and their families include:
• maintaining a register of disabled children
• Provide information about services that may be available
• assessing the needs of disabled children and their carers
• Provide a range of services to meet these needs.

Social services departments have a general duty under Section 17 (10) of The Children Act 1989 to safeguard and promote the interests of ‘Children in Need,’ and to promote their upbringing by their families. 

The law recognises disabled children as being in need. “Children in need’ are children under 18 years of age and:

• are ‘unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining a reasonable standard of health or development without the provision of services by a local authority’, or
• whose ‘health or development is likely to be significantly impaired or further impaired without the provision of such services by a local
authority’, or
• are `disabled’.

To understand a little more about the duties to assess disabled children’s needs and arrange provision for children under the age of 18, please go to our website: https://www.bexleyiass.co.uk/wp-admin/post.php?post=21576&action=elementor

To understand a little more about the duties to assess disabled young people’s needs and arrange provision for young people over the age of 18, please go to our website: https://www.bexleyiass.co.uk/wp-admin/post.php?post=21581&action=elementor

WHAT SERVICES CAN YOU EXPECT

Services for disabled children under 18 are available under Section 2 of the Chronically Sick and Disabled Persons Act 1970, and under the Children Act 1989. The Chronically Sick and Disabled Persons Act sets out what kind of help should be provided. Under this Act, the duty to provide services is to the individual disabled child and does not extend to other members of the family.

These services are:

• practical assistance in the home, such as help with the personal care of your child, for example help with getting in and out of bed
• recreational equipment such as a TV, radio or computer
• leisure facilities (this could mean outings or a day centre placement)
• education facilities (this could mean home-based education or funding for the personal care requirements of students so they can study)
• travel and other assistance, like travel to and from a day centre
• home adaptations and disabled facilities, such as handrails or hoists
• holidays
• meals
• telephone equipment.

The Children Act 1989 lists a range of help, which should be available. This includes the right to permanent or temporary residential accommodation, if your child needs it. It forms the legal basis for residential short breaks. If your child needs this service, then it should be provided. If there are no suitable facilities locally, your local authority can look outside its own area. Here are examples of other services listed in the Children Act:

• occupational, social, cultural or recreational activities
• home help
• assistance to enable your child and family to have a holiday
• advice, guidance or counselling
• travel assistance.

Under the Children Act 1989, local authorities have a general duty to make a range of services available to help children in the area. Importantly, the Act allows social services to provide help that will benefit other family members, like siblings and other carers.

 

SHORT BREAKS

The Breaks for Carers of Disabled Children Regulations 2011 requires local authorities to set out a range of services that will help parents of disabled children have time away from their caring responsibilities. This is known as the Short Breaks Statement. 

The range of services must include:
• day time care in the homes of disabled children or elsewhere
• overnight care in the homes of disabled children or elsewhere
• educational or leisure activities for disabled children outside their homes or elsewhere
• services available to assist carers in the evenings, at weekends, and during the school holidays.

Some short break schemes may be described as ‘universal’, which means they are available to all children and you don’t need an assessment.

For more information on the range of short breaks in Bexley please refer to the Bexley Local Offer: Short Breaks – Universal, Targeted and Specialist | Bexley Local Offer

HOW TO ACCESS SERVICES

Services may be provided following an assessment of your child’s needs under Section 17 of the Children Act. An assessment is the process social services use to gather information about your child and family, so they can make a decision about what help you may need.

The process for carrying out an assessment is contained within statutory guidance, Working Together to Safeguard Children.

This guidance tells local authorities what their legal responsibilities are to families with disabled children. The guidance requires local authorities to set out their process for assessments. This process should be published and easily available, including on the local authority’s website.

The guidance also requires local authorities to complete the full assessment within 45 days from the date of the request.

Local authorities must follow this statutory guidance.

 

REQUESTING AN ASSESSMENT

If you feel that your child or young person needs social care services, then you should contact Bexley Local Authority Children’s Social Care service. The main route involves undergoing an assessment of yourself, your child and the family’s needs. The assessment will determine what help and support the child and family receive.

To understand a little more about the duties to assess disabled children’s needs and arrange provision for children under the age of 18, please go to our website: https://www.bexleyiass.co.uk/wp-admin/post.php?post=21576&action=elementor

To understand a little more about the duties to assess disabled young people’s needs and arrange provision for young people over the age of 18, please go to our website: https://www.bexleyiass.co.uk/wp-admin/post.php?post=21581&action=elementor

For more information on the Children with Disabilities Service, Social Care services, and a Social Care Assessment in Bexley please refer to the Bexley Local Offer: Children’s Service Referrals and Assessments | Bexley Local Offer

PREPARING FOR ADULTHOOD 

Section 58 of The Care Act 2014 places a duty on local authorities to carry out an assessment of a child’s needs where this would be of ‘significant benefit’ to the child, and if it is likely they will have care and support needs when they turn 18. 

The local authority has to provide support to enable you to plan ahead as your child approaches their 18th Birthday, so there are no gaps in services. If your child has an EHC plan, it is expected that preparation for adulthood begins from year 9 as part of their Annual Review.

You, or your young person, may request an assessment (often called a transition assessment) at any time ahead of their 18th Birthday. However, the local authority can be flexible with the timing of the assessment, and they decide whether and when there is ‘significant benefit’ to assessing needs.

To find out more about Preparing for Adulthood, please refer to our website page:   Preparing For Adulthood | Bexley IASS

and Preparing for Adulthood information specific to Bexley: Preparing for Adulthood – General Information | Bexley Local Offer

Further information and support:

The Bexley Local Offer is the place to find information about Social Care Services and provision for children and young people with SEN or disabilities, including:

  • childcare
  • leisure activities & short breaks
  • moving from child to adult services
  • living independently, and finding accommodation
  • help finding work

IPSEA: Social Care Explained

NHS: Social care and support guide – NHS (www.nhs.uk)

CONTACT: Guide to Social Care Services and Support. 

Disability Rights UK: Your Guide to the Care Act 2014

If the Local Authority do not comply with their duties, find further information here:

 

IASS Making a complaint

IPSEA: Making a complaint about the Local Authority

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