SEFTON LSCB Safeguarding Policies and Procedures Online Manual

    6.5 Assessment for Children with Disabilities as a Child in need under section 17 Children Act 1989

    Last updated 12/11/2018

    6.5       Assessment for Children with Disabilities as a Child in Need under section 17 Children Act 1989

    All disabled children are Children in Need under section 17 Children Act 1989 and are therefore entitled to an assessment as a disabled child.

    6.5.2   Duties to a disabled child extend beyond the general provisions of the children Act 1989; the Chronically Sick and Disabled Persons Act 1970, section 2 confers a duty on a local authority to provide a service that it has assessed the child needs.

    6.5.3     A carer of that child may also require the local authority to undertake an assessment of their ability to provide support under section 1 of the Carers (Recognition and Services) Act 1995. The local authority must take account of such an assessment when deciding whether or not to provide services to the disabled child.

    6.5.4   If a local authority considers that a parent carer of a disabled child may have support needs , it must carry out an assessment under section 17ZD of the Children Act 1989. The local authority must also carry out such an assessment if the parent carer requests one.

    6.5.5     Short breaks for carers of disabled children are outlined in the short breaks services statement as required by the Breaks for Disabled Children Regulations 2011.

    6.5.6     The introduction of the Children and Families Act 2014 has brought a number of measures to improve the support system for children and young people with Special Educational Needs including the introduction of Education Health and Care Plans (EHCP) based on assessments of needs. EHCPs have superseded Special Educational Needs (SEN) assessments and plans.   ECHPs are led by education but must include an assessment of care needs, the views of the child and the views of the carers.

    6.5.7     Children who have complex health care needs which are not met by universal services may qualify for an assessment under continuing health care.

    6.5.8     If a child with disabilities is assessed with needs under section 17 Children Act 1989; those needs, associated interventions and support and anticipated outcomes are identified in a Child in Need (CIN) Plan. The CIN plan is produced which is reviewed by all partners at an interval agreed by those partners; but usually at no greater interval than one year. The social worker visits the child at appropriate intervals between the CIN Reviews on their own to obtain their views. There may be some children for whom this is not medically safe to be seen alone. The CIN Plan is amended or closed following the Child in Need Review.