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Zoe APUK
Nov 75 min read

A Quick Guide to Children’s Social Care for Disabled Children in England and Wales

What is Children’s Social Care?

Social care is a broad term that includes everything from child protection and safeguarding, to social groups and leisure activities for disabled children, and many things in between. In England and Wales the role of children’s social care services is partly to protect children from abuse or neglect, and partly to provide a range of support services for children in need, or at risk of harm.


This blog post focuses only on social care support for disabled children. There are different levels of support available depending on the child’s needs, and the way support is provided and accessed varies between local authorities. This blog post will give you a brief guide on what to expect and where to start if you are looking for support for your disabled child. Our pre-recorded webinar Introduction to Navigating Children’s Social Care in England and Wales - Part 1 goes into further detail if you would like to know more.


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Photo by Vitolda Klein on Unsplash


Legislation

There are various pieces of legislation and statutory guidance involved in the provision of social care services for disabled children in England and Wales, including:

  • Children’s Act 1989

  • Chronically Sick and Disabled Person’s Act 1970

  • Breaks for Carers of Disabled Children Regulations 2011

  • Care Act 2014

  • Children’s and Families Act 2014 (England)

  • Social Services and Well-being (Wales) Act 2014

  • Special Educational Needs and Disability (SEND) Code of Practice (England)

  • Additional Learning Needs and Education Tribunal (Wales) Act 2018


Together, these lay out the responsibilities of local authorities in England and Wales to provide children’s social care services, including both support and protection. They also outline the welfare rights of children and families. Some apply only to England, some just to Wales, and some to both countries. This means the legislation covering each country is very similiar but with some differences, particularly in wording.


Levels of Support

Broadly speaking, there are several ‘levels’ of support within social care:

  • Firstly, universal services, from groups to children’s centres, which are open to all children, including those with SEND.

  • Local Authorities must have a ‘local offer’. This is a directory of services and information available for all to access (usually online). It covers a really wide range of support services, facilities, provisions and activities.

  • Next we have short breaks, which are fun and enjoyable activities for children with SEND that also give their families a break from caring responsibilities. These can also be a way for disabled children to make friends, develop new skills and gain independence. Sometimes, if Local Authorities deem it necessary, these can be funded. It is worth checking your Local Authority's criteria for short breaks. Sometimes, this can be an annual payment.

  • Finally, we have a higher level of social services support, personalised to the child and family following an assessment of their individual needs. This can include being identified as a Child in Need or Child Protection, which is safeguarding.


Local Offer

The local offer is designed to help you understand what services are available in your local area. It includes a wide range of information about all the support and facilities for children and young people with SEND. It should cover education, health and social care support and services available from birth up up to the age of 25.


Note: the term ‘local offer’ only applies to England, but the same information should also be available in Wales.


England


In England and Wales you should be able to find information about the local offer on your local authority’s website. You can try searching online for the name of your local authority + ‘local offer’. For example ‘Birmingham local offer’. Local authorities should also provide an independent information and advice service to provide education advice for children with SEND, this is usually called IASS or SENDIASS but can be called something different.


Wales


In Wales, local authorities should also provide information about services and support for children with Additional Learning Needs (ALN). You can look for this on your local authority website by searching ‘local offer’, or there may be a dedicated local website for this information. There are also other organisations you can go to for information in Wales such as Family Information Services and SNAP Cymru.


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Short Breaks

England

Local authorities in England must provide a range of ‘short breaks’ to meet the needs of carers of disabled children.  These could include care in the home, educational or leisure activities away from home, and services during evenings, weekends and school holidays. Local authorities must publish information on the short breaks available and the criteria for accessing the services.


Local authorities can design the short breaks services as they see fit, but they must consult with families. They can set their own eligibiity criteria within the framework of the legislation and guidance and decide how eligibility is assessed.


Some local authorities will meet their legal requirements for short breaks by making a one-off annual payment to families.


Wales

The specific term ‘short breaks’ does not apply in Wales. Still, Welsh local authorities must provide respite services if they are assessed as necessary, similar to in England, and they are often still referred to as ‘Short Breaks’.


Local Authority Thresholds for Support via Social Services

Local authorities can decide their own thresholds for support via social services and their own methods for assessing needs as long as they align with the law. They must publish this information online. However each local authority may use different names and systems to meet their legal obligations. To find information on your local area, you could try search terms such as:

  • Local authority + “disabled children’s team threshold”

  • Local authority + “disability support criteria”

  • Local authority + “children’s safeguarding threshold”

  • Local authority + “children’s safeguarding procedures”

  • Local authority + “children’s social care threshold”

  • Local authority + “children with disabilities eligibility criteria”


Before asking for social care support, it is useful to understand the threshold for support in your area, how needs are assessed, and whether your family meets the criteria for support through this route.


The support available will depend on how the individual local authority decides to allocate their funding. Unfortunately, suppose you ask for support, and the local authority decides your child does not meet the threshold. In that case, this may contribute to complaints, communication breakdowns and issues of parent blame. For this reason, it is often better to ensure that the support you need falls within the remit of Social Care and not health or education.


Sometimes, you may feel that a Local Authority is not meeting its legal duties. There is always a complaints route. However, it is worth considering that 50% of accusations of Fabricated and Induced Illness follow a parent/carer complaint about services before pursuing. In these situations, advocacy or independent advice can be beneficial.


Further Information

For further information we have three pre-recorded webinars about children’s social care. These webinars are designed to help Autistic parents (parents who are Autistic themselves) understand how to navigate systems for their disabled children:


Written by: Zoe Williams, Autistic Parents UK volunteer

Reviewed by: Tanya Adkin, Autistic Parents UK trustee, Social Work Assistant & Autism Specialist

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