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Contents

1. Context
2. Aims
3. Procedure
4. Protocol: Leaving Care Service to Young People with Mild to Moderate Learning Disability

1. Context

For the purposes of this protocol, the term “disabled young person” is taken to mean someone with a physical and/or sensory impairment and/or learning disability as defined by Sect 17(11) Children Act 1989.

Disabled young people may well face more barriers than other young people who are being cared for or 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 because of under-expectation on the part of those caring for them.

Account 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 disabled care leavers will be supported in ways that promote their choice and independence. Work will focus closely with the young person, their family 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 must be given to ensure how this best happens particularly in the case of care leavers who have communication difficulties. This may involve using a range of interactive tools and techniques.

The Leaving Care Service recognises that the needs of profoundly disabled young people are highly complex and specialised. It is appropriate therefore that the Leaving Care Service 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 the Looked After Team will be transferred to the Leaving Care Service on their 16th birthday.

If the young person is assessed at the age 16 as being able to move to independent living at some point post-18, case responsibility will remain with the Leaving Care Service until the age of 21 (or 24 if engaged in an agreed programme of education or training)

If the young person is assessed the age 16 as requiring a supervised care placement post –18 (i.e. they will not be able to live in an independent setting), the appropriate adult service will be informed of the likely needs post 18.

Where case responsibility for disabled Looked After Children rests with the Children’s Disability Service, transfer to the Leaving Care Team will not take place and case responsibility will remain with that Service until transfer to the Adult Services at 18 years of age.

To ensure that the above aims are met, all Looked After Children with a profound disability will be referred by their Social Worker to the Post 18 Team Manager, Leaving Care Service on or around their 16th birthday. The referral process will be through the provision of a copy of the last Looked After Review.

The role of the Post 18 Team Manager, Leaving Care Service will be to assist in ensuring that the young person’s rights and entitlements under the Children (Leaving Care) Act are met. The Post 18 Team Manager, Leaving Care Service will ensure that the Children with Disability Service’s assessment and case planning documentation mirrors and is compatible with the requirements of the Children (Leaving Care) Act Needs Assessment and Pathway Plan. In the majority of cases the primary need is to effect a smooth transition to Adult Services and the Leaving Care Service may therefore perform a relatively minor role.

When case responsibility transfers from Children’s Disability Service to Adult Services, the young person continues to be entitled to services under the Children (Leaving Care) Act 2000 until the age of 21 (or 24 if engaged in an agreed programme of education or training). The role of the Post 18 Team Manager, Leaving Care Service will be to ensure that Pathway Plans are compatible with Adult Services case planning documentation.

4. Protocol: Leaving Care Service to Young People with Mild to Moderate Learning Disability

Context

Some young people leaving care have been known to be assessed as having a mild to moderate learning disability. This sometimes becomes magnified when the young person attempts to live independently without the support of foster Carers, supported lodgings Carers or supported housing providers.

Research shows that this group of young people is a particularly vulnerable category of care leaver who is more susceptible to Homelessness, mental ill health, criminality and poverty. This is particularly the case for young people who have an unidentified and/or unassessed learning disability.

Some of these young people may reach their mid-teens without a full assessment having been undertaken of the implications and impact these disabilities may have when they move from their care placement. Workers and Carers may often under-estimate these disabilities to avoid negative labelling. This process may well disadvantage accessing support from appropriate adult services.

Aims

To ensure that Looked After Children and Care leavers with mild to moderate learning disability with either unidentified or unassessed disabilities have access to services that meet their needs and address their vulnerability.

Looked After Children and Care leavers with disabilities, as with all Looked After Children and Care leavers, should 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 Looked After Children and Care leavers.

Procedure

When undertaking the Leaving Care Assessment of Need at 16, it is essential that the Leaving Care Service identifies the ability of the young person to manage independent living and the timescale required to achieve this. It will be necessary to refer to any 14+ Transition Plan, any Statement of Educational Needs and any current psychological or psychometric assessment. It will also be important to involve any specialist services and partner agencies to ensure that a comprehensive understanding of the young person’s needs is developed.

Where it is assessed and evidenced that a young person is unable to live independently without appropriate levels of support beyond the age of 18 years, referral will be made to Post 18 Team Manager, Leaving Care Service. The referral will include a through needs assessment taking into account information drawn from services highlighted above. This will include the Leaving Care Assessment of Need, Pathway Plan and Risk Assessment and will identify any post 18 funding issues. It will be completed and forwarded to the Post 18 Team Manager, Leaving Care Service within six months of the young person’s 16^th birthday.

The Post 18 Team Manager, Leaving Care Service will advise the Social Worker on the need for early notification to Adult Services. Where it is recognised that the young person will not be able to live independently post 18, plans will be made with the appropriate Adult Service as who will best meet his or her assessed and evidenced needs.

Where a case transfers from the Leaving Care Service to an Adult Service after the young person’s 18th birthday, the role of the Post 18 Team Manager, Leaving Care Service will be to assist in ensuring that the young person’s rights and entitlements under the Children (Leaving Care) Act 2000 are met. In the majority of cases the primary need is to effect a smooth transition to Adult Services and the Leaving Care Service may therefore perform a relatively minor role.

End