Children in transitionCare and Support Statutory GuidanceStaying Put guidance
8.25The statutory machinery relevant to the transition between children’s and adult social care is located at:
•sections 58–66 of the Care Act 2014;
•the Care and Support (Children’s Carers) Regulations 2015;
•Chapter 16 of the Care and Support Statutory Guidance.
8.26The Care Act 2014 seeks to help preparation for adulthood by focussing on transitional planning for:
•‘children’ (sections 58–59, 65–66);
•‘child’s carers’ (sections 60–62, 65–66); and
•‘young carers’ (sections 63–64, 65–66).
Children
8.28The duty to assess a child’s need for care and support under the Care Act 2014 after becoming 18 is as follows:
Assessment of a child’s needs for care and support
58(1) Where it appears to a local authority that a child is likely to have needs for care and support after becoming 18, the authority must, if it is satisfied that it would be of significant benefit to the child to do so and if the consent condition is met, assess–
(a)whether the child has needs for care and support and, if so, what those needs are, and
(b)whether the child is likely to have needs for care and support after becoming 18 and, if so, what those needs are likely to be.
8.29The ‘consent condition’ is met if:
•a child with capacity consents;
•or it is in the best interests of an incapacitated child; except that
•the local authority must always undertake an assessment if it considers that the child is experiencing or at risk of abuse or neglect –
(sections 58(3)–(4)).
8.30A local authority must give written reasons for any refusal to undertake a ‘child’s needs assessment’ under this section at the request of a parent or carer (sections 58(5)–(8)).
8.31It is fundamental to a ‘child’s needs assessment’ that the local authority does, as required by section 58(1), assess:
•whether the child currently has needs for care and support and, if so, what those needs are; and
•whether the child is likely to have needs for care and support after the child turns 18 and, if so, what those needs are likely to be.
8.32However, a ‘child’s needs assessment’ requires far more than that. By virtue of section 59:
Child’s needs assessment: requirements etc.
59(1) A child’s needs assessment must include an assessment of–
(a)the impact on the matters specified in section 1(2) of what the child’s needs for care and support are likely to be after the child becomes 18,
(b)the outcomes that the child wishes to achieve in day-to-day life, and
(c)whether, and if so to what extent, the provision of care and support could contribute to the achievement of those outcomes.
…
(3)When carrying out a child’s needs assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of care and support could contribute to the achievement of the outcomes that the child wishes to achieve in day-to-day life.
(4)Having carried out a child’s needs assessment, a local authority must give the child–
(a)an indication as to whether any of the needs for care and support which it thinks the child is likely to have after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b)advice and information about–
(i)what can be done to meet or reduce the needs which it thinks the child is likely to have after becoming 18;(ii)what can be done to prevent or delay the development by the child of needs for care and support in the future.
8.33In undertaking the assessment, the local authority:
•must involve the child, their parents and other relevant persons (section 59(2));
•must provide the section 59(4) advice and information to the parents when the child lacks capacity; and
•may treat the assessment as a ‘needs assessment’ once the child turns 18.
(section 59(6)–(7)).
Child’s carers
8.34A ‘child’s carer’ is an adult (including one who is a parent of the child) who provides or intends to provide care for the child, usually when that is otherwise than under a contract or as voluntary work (section 60(7)–(9)).
8.35The duty to undertake a ‘child’s carer’s assessment’ is found at section 60 of the Care Act 2014 and arises in similar circumstances to the duty to undertake a children’s transitional assessment (see above): the question is, essentially, whether the child’s carer is likely to have needs for support under the Care Act 2014 after the child becomes 18 and it would be of significant benefit to the carer to undertake an advance assessment.
8.36It is a fundamental requirement, imposed by section 60(1), that a ‘child’s carer’s assessment’ assesses whether the carer has needs for support and, if so, what those needs are and whether the carer is likely to have needs for support after the child becomes 18 and, if so, what those needs are likely to be.
8.37Again, however, far more is required:
Child’s carer’s assessment: requirements etc.
61(1) A child’s carer’s assessment must include an assessment of–
(a)whether the carer is able to provide care for the child and is likely to continue to be able to do so after the child becomes 18,
(b)whether the carer is willing to do so and is likely to continue to be willing to do so after the child becomes 18,
(c)the impact on the matters specified in section 1(2) of what the carer’s needs for support are likely to be after the child becomes 18,
(d)the outcomes that the carer wishes to achieve in day-to-day life, and
(e)whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.
(2)A local authority, in carrying out a child’s carer’s assessment, must have regard to–
(a)whether the carer works or wishes to do so, and
(b)whether the carer is participating in or wishes to participate in education, training or recreation.
…
(4)When carrying out a child’s carer’s assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day life.
(5)Having carried out a child’s carer’s assessment, a local authority must give the carer–
(a)an indication as to whether any of the needs for support which it thinks the carer is likely to have after the child becomes 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b)advice and information about–
(i)what can be done to meet or reduce the needs which it thinks the carer is likely to have after the child becomes 18;(ii)what can be done to prevent or delay the development by the carer of needs for support in the future.
8.38The process is similar to the process for ‘child’s needs assessments’ (see sections 61(3) and (5)–(8)) and, ultimately, the local authority has a power to meet the ‘child’s carer’s’ needs for support (section 62).
Young carers
8.39A ‘young carer is ‘a person under 18 who provides or intends to provide care for an adult’, usually otherwise than under a contract or as voluntary work (sections 63(6)–(8)).
8.40The duty to undertake a ‘young carer’s assessment’ arises when it appears that a young carer is likely to have needs for support after turning 18 and the local authority is satisfied that it would of significant benefit to the young carer to undertake an advance assessment) (section 63(1)).
8.41The assessment is of whether the young carer is likely to have needs for support after turning 18 and, if so, what those needs are likely to be (section 63(1)). However, in addition:
Young carer’s assessment: requirements etc.
64(1) A young carer’s assessment must include an assessment of–
(a)whether the young carer is able to provide care for the person in question and is likely to continue to be able to do so after becoming 18,
(b)whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
(c)the impact on the matters specified in section 1(2) of what the young carer’s needs for support are likely to be after the young carer becomes 18,
(d)the outcomes that the young carer wishes to achieve in day-to-day life, and (e) whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.
(2)A local authority, in carrying out a young carer’s assessment, must have regard to–
(a)the extent to which the young carer works or wishes to work (or is likely to wish to do so after becoming 18),
(b)the extent to which the young carer is participating in or wishes to participate in education, training or recreation (or is likely to wish to do so after becoming 18).
…
(4)When carrying out a young carer’s assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the young carer wishes to achieve in day-to-day life.
(5)Having carried out a young carer’s assessment, a local authority must give the young carer–
(a)an indication as to whether any of the needs for support which it thinks the young carer is likely to have after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b)advice and information about–
(i)what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after becoming 18;(ii)what can be done to prevent or delay the development by the young carer of needs for support in the future.
8.42The process is similar to that for ‘child’s needs assessments’ and ‘child’s carers’ assessments’ (sections 64(3) and (6)–(8)).
General
8.43Section 65 contains provision for combining ‘child’s needs assessments’, ‘young carer’s assessments’ and ‘child’s carers’ assessments’ with each other and with other assessments.
8.44Section 66 inserts section 17ZH and 17ZI at the end of section 17 of the Children Act 1989 which, in essence, requires local authorities to continue to provide services under section 17 of the Children Act 1989 in cases where they are under a duty to undertake a ‘child’s needs assessment’, ‘young carer’s assessment’ or ‘child’s carers’ assessment’ and certain other cases.
8.45Section 66 also inserts section 2A into the Chronically Sick and Disabled Persons Act 1970, which requires there to be continued provision of services under section 2 of the 1970 Act to disabled children, until the completion of transitional planning under the Care Act 2014, in cases where such transitional planning is required and certain other cases.
8.46There is detailed practical guidance in Chapter 16 of the Care and Support Statutory Guidance, which is particularly useful as to:
•the relationship between planning under the Care Act 2014 and planning for children with special educational needs, who will be subject to an Education, Health and Care (EHC) plan; and
•the duty of co-operation, in particular between children’s and adults’ professionals.
8.47Section 23CZA, added by the Children and Families Act 2014, allows local authorities to make arrangements whereby a ‘former relevant child’ may continue to live with their foster carer up to the age of 21: