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Martin Searle Solicitors

Transitioning From Children’s To Adult Social Care

If you are caring for a disabled young person, you may be encountering huge challenges as they begin the process of transitioning from children’s to adult services for their social care, health and education provision.

Challenges transitioning from children’s to adult services

Some disabled young adults with an Education, Health and Care Plan (ECHP) will continue to receive support from children’s social care. But most will move over to adult social care services where their support is provided under the Care Act 2014. You may find that provision is changed or reduced and that there is inadequate transition planning. You may also find that your child is required to pay towards the costs of their care.

Legislation and guidance are clear that transition planning should begin early and that coordination between Local Authority teams, and where necessary, Clinical Commissioning Groups (CCGs), is important. But practice can often fall short.

As a parent and/or carer who has always made decisions for your disabled child, you may be  concerned about your changing role in the decision-making process as your child approaches adulthood. Dealing with multiple agencies and decision-makers can create confusion. It can also be very difficult deciding how best to challenge an inadequate assessment or a package of care.

Timely legal intervention, including using the complaints process, correspondence and negotiation, meetings, mediation and where necessary legal action, can ensure that the assessment provides the right package of care and support as your disabled child becomes a young adult.

Education, health and social care services for under 25s

Our specialist Community Care and Education Lawyers can advise and guide you throughout this process by:

  • Engaging adult social care early and obtaining assessments under the Care Act 2014;
  • Ensuring that reviews of Education, Health and Care Plans from Year 9 onwards focus on transitions to adulthood;
  • Challenging social care assessments that fail to reflect your disabled child’s needs;
  • Carer’s assessments, support, and respite, including young carers;
  • Mental capacity assessments and best interests decisions under the Mental Capacity Act 2005;
  • Deputyship applications (Health and Welfare);
  • Challenging inadequate care packages;
  • Direct payments and care and support plans.

We offer a holistic education, health and social care service for under 25s, focused on obtaining the best possible package of publicly funded education, care and support for disabled young people and their families.

If you or your family require specialist Education Law advice which may include an assessment of health and care needs for anyone under the age of 25, contact Sara on 01273 609911, or email sara@ms-solicitors.co.uk to see how our Community Care and Education Law team can help.

 

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