3.1 Disabled Children and the Chronically Sick and Disabled Person's Act 1970- Duties, Policies and Procedures

SCOPE OF THIS CHAPTER

This document sets out Ealing's policy and procedures in respect of the CSDPA 1970 and duties regarding children with disabilities. The chapter should be considered alongside other procedures concerning assessments and reviews for children elsewhere in this manual. See Referrals, Assessments and Planning.

Date of this issue: January 2012

Review Date: January 2013

Aim
CSDPA 1970 and Children Act 1989
Assessment
Eligibility for Services
Services under s.2 of the CSDPA 1970 and/or s17 CA 1989
Review Process
Flowchart

Appendix 1: Legislation Summary

1. Aim

1.1	The aim of this document is to inform practitioners on how to ensure the CSDPA is appropriately considered, applied and implemented in relation to children with disabilities.
1.2	It should be considered alongside other procedures concerning assessments and reviews for children elsewhere in this manual.
1.3	Where there is any uncertainty a practitioner should seek management advice and if necessary advice from the Council's legal section.

2. CSDPA 1970 and Children Act 1989

2.1	Children with disabilities are mainly supported under the CSDPA 1970 and protected under the Children Act 1989
2.2	The CSDPA 1970 forms the basis for the provision by local authorities of practical assistance and a range of services including equipment, adaptations, homecare to eligible disabled people.
2.3	The Children Act 1989 is the statutory framework underpinning the local authorities responsibilities and involvement with all children. Disabled children can and should access services via Part 111 of the CA 1989. All Disabled Children are children 'in need' for purposes of s17 CA 1989.
2.4	All work with disabled children and their families in the context of the Children Act should be based on the following principles; The welfare of the child should be safeguarded and promoted by the provision of services; A primary aim is to promote access for all children to the same range of services; Children with a disability are regarded as children first and children with an impairment second; Recognition of the importance of the parent/s and families in children's lives; Partnership between parents/carers, the local authority and other agencies.
2.5	Services to children with a disability may be provided via s2 CSDPA 1970 or the s17 Children Act or both. This will be determined through assessment and eligibility criteria as outlined below.

3. Assessment

3.1	If a parent/carer requests an assessment the local authority must undertake one as it has a duty under s17 of the Children Act 1989. The assessment must identify what support/services the child and family need.
3.2	A referral for assessment should be made to the Children with Disabilities Team (CWDT) only when it has been identified that the impact of the child's impairment is too great to be met by universal services and the child may be 'in need' (i.e. disabled)
3.3	Disabled children should be assessed via Initial and/or Core Assessments using the Framework for Assessment of Children in Need and their Families (see procedures on Initial and Core Assessments)
3.4	The child is assessed, not according to their physical or mental impairment, but according to the impact any impairment has on their quality of life and that of their family. Social workers will assess with reference to such impact
3.5	The assessment should be multi-agency - it should include consideration of health, social care and educational needs. The assessment framework of need has to result in a realistic plan of action. This is set out in a child in need care plan.
3.6	Once an assessment is completed the law does not require that a service be provided in every case. It is legitimate to target those most in need and to devote resources where they have a positive effect.

4. Eligibility for Services

4.1	There are no eligibility criteria for the assessment but there is for services. On the basis of the assessment the local authority must decided if a service is 'necessary' where a failure to do would cause significant harm to the child. Services are only to be provided if they are 'necessary'.
4.2	Under the CSDPA the local authority will only provide services if it is satisfied that they are 'necessary' (see Appendix 1: Legislation Summary). If this is the case and they are 'necessary' then this also meets the requirements of the Children Act 1989 Section 17 (1) that the services provided are 'appropriate' (see Appendix 1: Legislation Summary).
4.3	The local authority has to explain the process by which it decides whether or not a child is eligible by applying eligibility criteria.. The social worker can decide if the provision of services is 'necessary' by applying level 3 and 4 criteria:
	Level 3 (complex needs)
	Likelihood of family breakdown resulting from the demands of the care, supervision, or behaviour of the child/young person; Disturbed nights on the carer and their family creating a risk of family breakdown or incapacity to attend to others in the home, work or educational opportunities; The impact moving and handling of the child is having on the carer's physical health and/or places them at risk of injury from continuous strain; Health of the carer is being negatively affected by the demands of caring for a child with disabilities and the carer requires support to mitigate against or prevent the development of ill health; There are additional children in the home who would benefit from services provided to the child with disabilities or the family to ensure that they do not, themselves, become children in need; Children with disabilities who have severe challenging behaviours which impact on all aspects of the child/young persons functioning or pose a risk to self or others; Children with disabilities who have recently been subject to a child protection plan, and who remain in need of ongoing specialist services; Children/young people with disabilities who require support because of their mental health needs.
	Level 4 (acute needs)
	Child has severe and/or profound disabilities such that they are totally dependent for their day-to-day care on the presence and attention of an adult carer; No one is available or able to meet the child or young person's basic needs; Families who require intensive multi agency support in caring for children with disabilities and/or health needs, or whose children have life limiting conditions; Children/young people with disabilities who require a specialist input because of mental health needs; Children suffering or likely to suffer significant harm; Child requires accommodation overnight or for ongoing/extended periods to ensure that the family can otherwise continue to meet the child's needs; All children at Level 4 are likely to have an allocated social worker from the CWDT.

5. Services under s.2 of the CSDPA 1970 and/or s17 CA 1989

5.1	With all the CSDPA cases the reviewing social workers in their assessments need to state if the provision of services to the child is via the Chronically Sick and Disabled Persons Act 1970 or the Children Act 1989 or both.
5.2	Most disabled children's services will be provided under section 2 (provision of welfare services) of the CSDPA 1970. This section provides a duty on local authorities to provide certain welfare services. This will apply when there are no current social care concerns, no unmet social care needs as the service provision is meeting the identified needs, there is a professional network in place to monitor the case and will rerefer if any social care concerns arise. 2a - the provision of practical assistance for a disabled child in her/his home e.g. Direct Payments for personal care to a child or a personal care package via a home care provider e.g. Excelcare 2c - the provision for a disabled child of facilities for, or assistance in, travelling to and from his/her home for the purpose of participating in any services provided by the local authority under Paragraph 111 of the Children Act 1989 or services which are similar to those which could be provided by a local authority e.g. Log Cabin play scheme, Buddying from SCOPE and Crossroads, Sitting Service, Domiciliary care and travel to these resources.
5.3	Overnight short breaks or respite care for example at Heller House or by Family Link will usually be provided under section 17.
5.4	If the child would otherwise be at risk of significant harm and accommodated if services are not provided by the local authority then these services are provided under section 17 of the Children Act 1989.

6. Review Process

6.1	Where services are provided under Sec 2, CSDPA 1970, these care packages will be reviewed annually by the CSDPA Reviewing officer under the direct oversight of the responsible Deputy Team manager. The responsible Deputy Team manager will also review the cases on a six monthly basis, entering a "Manager's review of an unallocated case" case note on FWi as evidence of this.
6.2	Parents are made aware that their child / young person's case is transferred to the CSDPA Review team and should any concerns arise in between reviews, the CSDPA Reviewing officer and the responsible line manager will discuss the concerns and, where deemed necessary, the case will seamlessly transfer back into the main social work team for appropriate social work assessments and adjustments to the care packages by either the duty social worker or an allocated social worker.
6.3	Once the issues are resolved, and there are no current social care concerns, no unmet social care needs as the service provision is meeting the identified needs, there is a professional network in place to monitor the case and will rerefer if any social care concerns arise, and the case is stable, it will be transferred back to the CSDPA Review Team.
6.4	If the Initial Assessment (IA) concludes that the child does not meet the criteria to receive services from the CWDT, the child can still be identified as needing a service as a CIN child and the case transferred to a CIN team / SAFE team / Short Breaks for ongoing intervention.

7. Flowchart

Click here to view the Flowchart

Appendix 1: Legislation Summary

CSDPA 1970

2 (1) Where a local authority having functions under section 29 of the National Assistance Act 1948 are satisfied in the case of any person to whom that section applies who is ordinarily resident in their area that it is NECESSARY in order to meet the needs of that person for that authority to make arrangements for all or any of the following matters mainly-

The provision of practical assistance...
The provision for that person of lectures, games, outings or other recreational activities outside his home...
The provision for that person of facilities for, or assistance in, travelling to and from his home for the purpose of participating in any services provided under arrangements made by the authority...

CA 1989

Section 17 (1) It shall be the general duty of every local authority (in addition to other duties imposed on them by this Part) -

To safeguard and promote the welfare of children within their area who are in need; and
So far as is consistent with this duty, to promote the upbringing of such children by their families, by providing a range and level of services that are APPROPRIATE to those children's needs.

End