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Short Breaks – legal changes

Short Breaks – legal changes. A Look to the Future Christine Lenehan, Director of CDC Peter Smith, social care adviser, DfE. This presentation looks at new regulations on short breaks and what parents need to know… . New Regulations from 1 April 2011:

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Short Breaks – legal changes

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  1. Short Breaks – legal changes A Look to the Future Christine Lenehan, Director of CDC Peter Smith, social care adviser, DfE

  2. This presentation looks at new regulations on short breaks and what parents need to know… New Regulations from 1 April 2011: 1. Care Planning, Placement and Case Review Regulations 2010 – short breaks of 24 hrs+ 2. Breaks for Carers of Disabled Children Regulations 2010 3. Looking to the future - sustaining progress made during AHDC

  3. Brief note on the law • Primary legislation (Acts of Parliament) say what LAs must do • Regulations, called secondary legislation, also say what LAs must do • Statutory guidance says what LAs should do, they may have to justify when they do not follow guidance.

  4. Care planning 1 • Care Planning, Placement and Case Review Regulations and Guidance 2010 • Streamlining of legal framework for care leavers and looked after children • Short Breaks – Statutory guidance on how to safeguard and promote the welfare of disabled children using short breaks

  5. Care planning 2 • Short breaks and care very different, but • Same legal framework (Children Act 1989 and Children and Young Persons Act 2008) • Some shared elements and questions • Assessment, planning, intervention, review • Is it good enough for my child? • If it does not work, is there back up plan? • Is it tailored to individual need?

  6. Short breaks statutory guidance • http://www.education.gov.uk/publications/standard/EarlyYearseducationandchildcare/Page1/DCSF-00183-2010

  7. Why change? • Current regulatory requirements - a barrier to expansion required by AHDC • Disproportionate degree of regulation for some provision • Short breaks are changing, more home based, less residential • Widespread non-compliance with law

  8. Proportionate approach • There should be administration proportionate to apparent level of need • Many children receiving breaks need little more from social services • Others are children in need with family support plan including the provision of accommodation • Others are looked after children

  9. Headline change 1 • Disabled children provided with overnight accommodation do not have to become looked after • So no requirements for Independent Reviewing Officers, and much of the paperwork e.g. Integrated Children’s System, notifications etc • Disabled children in short breaks can be provided with accommodation under section 17(6) of Children Act 1989 • If section 17(6) then child in need plan is required

  10. Child in need plan • have clear and realistic objectives • include ascertainable wishes of child and family • follow consideration of options, including but not limited to direct payments • state nature and frequency of services, as far as is practicable including health and social care in the same plan, especially if short breaks are provided from different agencies

  11. Child in need plan - 2 • state communication methods, clinical needs, risk assessment including moving and handling, dietary requirements, behaviour management, • state contact arrangements for emergencies • state commitments of professionals involved

  12. Child in need plan - 3 • refer to or summarise any other important documents about the child’s development • confirm those caring for the child have been selected following the advice in paras 143 to 156 in the guidance on direct payments (September 2009) • outline arrangements to review the plan

  13. Headline change 2 • If a child is looked after under section 20(4) of Children Act 1989 a series of overnight short breaks can be treated as one (Reg 48). This is to reduce paperwork. • The limits for a series of placements to be treated as one have been reduced, a maximum of 75 days in any 12 months and no short break may last more than 17 days.

  14. Section 17 or 20 • This decision should be based on particular needs of child and family • Cannot be blanket policy regardless of needs of individual children • Based on assessment, needs of child, capacities of parents, family and environmental factors • Lengths of short breaks, views of family, contact, etc [See para 2.8 of guidance.]

  15. Summary – Part 1 • Many children who are now part of LAC system who do not need to be can be removed • There should be proper planning, consultation, and agreements for all children in need using short breaks • There are new time limits – Regulation 48

  16. Breaks for Carers of Disabled Children • From 1 April 2011 new duty on LAs to provide ‘breaks from caring to assist parents and others who provide care for disabled children to continue to do so, or to do so more effectively.’ [Section 25 Children and Young Person Act 2008] • breaks should be provided to those for whom a break from their caring responsibilities will improve the quality of the care they provide as well as to those struggling to care for disabled children

  17. Why the new duty? • Amendment tabled by Lord Rix on advice from charities including Mencap, Contact a Family and Council for Disabled Children • The Government accepted amendment to provide legal back up to consolidate AHDC progress on short breaks • As close as the Government would go to agreeing legal entitlement to short breaks

  18. The new duty • “It is a vitally important step along the road towards better supporting families and carers of disabled children.” - Sarah Teather, Minister of State, to Legislation Committee 19 Jan 2011

  19. Breaks for Carers of Disabled Children Regulations Aim is to • provide opportunities for disabled children to enjoy themselves and fulfil their potential; and • enhance the abilities of carers to care more effectively

  20. Breaks for Carers of Disabled Children Regulations These regulations address • who should be considered for access to breaks from caring; • the range of short breaks the local authority should provide, so far as it is reasonably possible; and • the preparation and publication of a short breaks services statement.

  21. Who must be provided with a short breaks service? People with caring responsibility for a disabled child or children, LA’s • Must provide a service to carers of disabled children in order to • allow them to continue to care; and/or • to allow them to care more effectively • A short break must allow carers to undertake education, training, regular leisure activity and/or day to day tasks

  22. What must be offered? A short breaks service must • Comprise a range of short breaks including: • day time care in or outside the child’s home • overnight care in or outside the child’s home • educational and leisure activities • Must be available in the evenings, at weekends, during the holidays

  23. Short breaks services statement This statement must set out details of • the range of services provided • eligibility criteria • how the range of services is designed to meet the needs of carers in their area. • be published by October 2011

  24. Short breaks services statement • The Regulations say, ‘In preparing and revising their statement the LA must have regard to the views of carers in their area.’ • This statement must be publicised and kept under review • There is/will be guidance to help local areas implement the new duty

  25. Guidance on short break duty The guidance will emphasise • Short breaks should be preventative, not just crisis intervention • Breaks should support carers, and provide benefits to children • Short breaks service should consider siblings as part of family assessment

  26. Summary Part 2 • Every LA must provide breaks from caring for carers of disabled children • Every short breaks service must provide a range of short breaks • Every LA must prepare and publish a short breaks services statement by 1st October 2011 • Every LA must consult carers in preparing the statement

  27. Looking to the Future- levers for change • Duty to provide short breaks – section 25 • Funding • The Green Paper on special educational needs and disability • Increasing personalisation • The role of the Every Disabled Child Matters campaign • Parents and professionals as allies

  28. Funding • In December the Government announced it will be providing £800m over 4 years for short breaks for disabled children • This is a ‘£22m year on year increase from 2010 levels’. • It also announced £40million of capital investment in 2011-12

  29. Green Paper • Out soon for a twelve week consultation • Will set a vision for services post AHDC • Will encompass issues across SEN and Disability • Is keen to provide a less adversarial system for parents • Parents and young peoples’ views essential

  30. Personalisation • Will be part of the Green Paper • Government keen to extend choice and control • More Individual Budgets? • Better links with Education and Health?

  31. What can Every Disabled Child Matters do ? • Campaigning is key, locally and nationally • Looking at system improvement and rights • Working with Parliament and local government • Providing national evidence of local issues • Ensuring your voice is heard • Working alongside the National Network of Parent Carer Forums and keeping the lives of disabled children and their families central to the debate

  32. Parents and professionals as allies • In a time of uncertainty more important than ever • Both groups need to take responsibility • Both groups need to agree a vision • Parents have to be able to work together to support each other

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