Unit 12 Supporting individuals with additional needs What

Unit 12: Supporting individuals with additional needs What statutory provision is my case study entitled to? BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

Learning aims C: Investigate current practice with respect to provision for individuals with additional needs • C 3: Financial support for individuals with additional needs • C 4: Statutory provision for children with additional needs • C 5: Statutory provision for adults with additional needs BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

What benefits can people claim? - State pension Pension credit Housing benefit Council tax benefit Health benefit These are known as benefit rights BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 3, P 5) Who provides these benefits? Statutory health and social care for children, young people and adults who have additional needs is provided through: • the NHS • local authorities or councils • primary health care services such as GP practices. A range of ways are used to fund health and social care provision. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 3, P 5) Financial assessment framework Unlike the NHS, care and support services for children, young people and adults are not free. Under the Care Act 2014, councils are required to carry out a financial assessment of an individual’s or family’s needs, to see whether they need to contribute to the cost of their care and support. There is also a cap on how much an individual will contribute towards their care costs over their lifetime. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 3, P 5) Financial support for individuals who have additional needs Welfare rights (i. e. state pension, pension credit, housing benefit, council tax benefit, health benefits) Carers’ support (i. e. Carers’ allowance) Pages 248 -250 Funding sources Employment support (e. g. disability advisers, work choice programme) Transport support (e. g. Blue Badge scheme, Shopmobility, accessible buses and taxis) BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 3, P 5) Independent research activity Time: 45 mins • Find out what care and support services local councils must provide free of charge for your - Child case study - Adult case study BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 4, P 5) What is the law? Common Assessment Framework (CAF) for children who have additional needs and their families CAF is a tool that is used by health and social care practitioners to develop a shared understanding of a child’s needs at an early stage. It involves different agencies and health and social care professionals working closely together to meet a child’s needs effectively. Although the CAF process varies between different organisations, the key elements of the process are always the same. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 4, P 5) Legislation for children with additional needs • Children and Families Act (2014) increased participation and engagement of children and their families, co-ordinated assessments and services. Introduced Education, Health and Care Plans (EHCs), a single assessment and planning process for young people with SEN (may continue up to age 25). Included a duty to develop a local offer of services and support across education, health and care from 0– 25 for disabled children and young people, those with SEN and their parent carers. • Children Act (2004) introduced key principles to be shared by all those providing care and support to children, to maintain their safety and well-being. • Children (Northern Ireland) Order (1995) underpins Northern Ireland’s child protection system and sets out the duties and powers that public authorities have to support children and intervene if there are concerns about a child, as well as the responsibilities of parents. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 4, P 5) Codes of practice and policies for children with additional needs • Northern Ireland Social Care Council (NISCC) – for social care workers. • Health and Care Professions Council (HCPC) – for health, psychological and social work professionals. • Inter-agency childcare and protection must reflect the rights of all children (Working Together to Safeguard Children 2006, 2015). • United Nations Convention on the Rights of the Child protects the rights of all children to have their identity preserved, to protection, to care and to life. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 4, P 5, M 4) Group activity Time: 10 mins • Read through the case study, ‘Tanay’. (Tanay is in Year 12, and has moderate learning difficulties and severe dyslexia. ) • Explain the impact of statutory guidance on the support provided to Tanay. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

Group activity Tanay is in Year 12 at his local school and wants to study tourism at college after he leaves school. He has moderate learning difficulties and severe dyslexia and has had a statement of special educational needs since Year 2. Four years ago he suffered from severe depression (following being discriminated against for a reason relating to his disabilities by a teacher who has since apologised and received equalities training along with all staff), which has recurred every year since then. He was referred to CAMHS as a result when he had to have some time off school and now sees them every couple of months. Parts 2 and 3 of Tanay’s statement (referring to special educational needs and special educational provision respectively) were amended at his Annual Review three years ago to reference his mental health difficulties and the provision needed to meet these, namely flexible teaching and homework arrangements as recommended by CAMHS. Tanay’s headteacher, Mrs Gupta, makes arrangements for the Annual Review of Tanay’s statement of special educational needs, having received a list from the Local Authority of all the children with statements at her school who require an annual review that term. The purpose of the Annual Review is to see whether a child or young person’s statement is still appropriate, or may need to be amended or should cease to be maintained. Mrs Gupta requests written advice relating to these and other key issues from Tanay’s parents, and all other persons she considers appropriate (the local authority not having specified anyone) which include Tanay’s teacher, his teaching assistant, and a representative from CAMHS and the Connexions Service who are all invited to the Annual Review meeting (along with Tanay and a representative from the Local Authority) and given copies of each other’s written advice. At the Annual Review, all agree that Tanay is making excellent progress and that his statement should continue until his Annual Review next year although there is no reason to believe it will not stay in force until it ceases when he leaves school at the end of next school year. His Transition Plan which was first drawn up at his Year 9 Annual Review was amended after discussion with everyone by Ms Green from Connexions who also advises she will be in touch to arrange Tanay’s section 139 assessment for Year 13 so that they can discuss his college choices and she can support him with these. After the meeting Mrs Gupta prepares her written Annual Review report for the Local Authority together with recommendations that Tanay’s statement should continue to be maintained without amendment. The Local Authority considers her report and recommendations which it agrees with and informs all relevant parties in writing of its decision accordingly BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 5, P 5) Statutory provision for adults with additional needs • For the first time, the Care Act 2014 provides individuals with a legal entitlement to a personal budget, which is an important part of the care and support plan that local authorities are required to provide. • Individuals also have a right to ask for a direct payment to meet some or all of their needs, and can choose how the money is spent to meet their needs. • Individuals also have a right to personal health budgets that are agreed with the NHS and are in place to meet individuals’ health needs and support their well-being. • Charities provide essential care and support (e. g. specialist care, support services, accommodation). BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 5, P 5) Relevant points from legislation • The right of individuals ‘who lack capacity’ to have decisions made on their behalf; how deprivation of liberty can be avoided or take place lawfully, with safeguards, when necessary; the ‘best interests’ principle; and full capacity assessments (Mental Capacity Act 2005, including Deprivation of Liberty Safeguards (DOLS), and Best Interest No Secrets 2000). • The ‘well-being principle’ is to be used by local authorities when carrying out their responsibilities for adult social care, assessment of need, eligible needs (Care Act 2014, section 1). BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 5, P 5) Good practice: policies, guidance and codes of practice • Fairer Charging Policies for Home Care and other Non-Residential Social Services (DOH, 2013) guides councils who decide to charge for non-residential services to do so in a fair way. • Mental Health Act (1983) – the accompanying code of practice to this Act guides professionals who work with individuals who have mental health needs to ensure all individuals receive safe and high-quality care and treatment (e. g. person-centred, involving the individual and their families and carers (if appropriate), with minimal restrictive interventions). • Mental Capacity Act (2005) – the accompanying code of practice to this Act guides professionals who work with individuals and all those who care for individuals who lack capacity to make decisions. • The Code of Conduct for Healthcare Support Workers and Adult Social Care Workers is overseen by Skills for Health and Skills for Care. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

LA: C Investigate current practice with respect to provision for individuals with additional needs (C 5, P 5) Good practice: policies, guidance and codes of practice • The Social Care Institute for Excellence practice guidance accompanying Fair Access to Care Services (FACS) (revised 2010) – national eligibility framework; personalised assessment; fair, transparent and consistent provision of resources for adult social care. • Year of Care Programme (2012) – aimed to improve the care of people with diabetes and provide a framework for personalised care in long-term conditions through care and support planning. • The Care Programme Approach for Mental Health Service Users (1990) – effective assessment; development and review of a care plan; key worker/care co-ordinator role. • Health Action Planning for People with Learning Disabilities (2002) – improvements to healthcare for this specific group of individuals through the development of health action plans, ensuring equality when accessing health services, and support such as regular health checks. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 5, P 5, M 4) Classroom discussion activity Time: 20 mins • Discuss the case study, ‘Matthew’s story’ (a young adult who has additional needs, lives independently and is in employment). • What was the impact of statutory guidance on Matthew’s support? BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

Classroom discussion activity Video BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 4, C 5, P 5, M 4) Reflection activity Positive impact of statutory provision Negative impact of statutory provision BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 4, C 5, D 3) Extension activity Time: 50 mins • Using the case studies, ‘Tanay’ and ‘Matthew’s story’, justify the support provided to them through statutory provision to help them overcome challenges to daily living. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 3, C 4, C 5, P 5, M 4, D 2) Summary In this lesson we: ü looked at the meaning of statutory provision for children and adults with additional needs ü looked at the financial framework for health, care and support services ü explored the legislation, policies and codes of practice relating to provision for children and adults with additional needs. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education

C: Investigate current practice with respect to provision for individuals with additional needs (C 3, C 4, C 5, P 5, M 4, D 2) Summary: plenary activities 1. Explain the purpose of the Common Assessment Framework (CAF). 2. Explain how personal health budgets can be used. BTEC NATIONAL LEVEL 3 HEALTH & SOCIAL CARE © C. Bradshaw, C. Sawicki, M Ferreiro Peteiro and S. Rogers, published by Hodder Education