Devon County Council

Children/Young People with Special Needs:  Case Transfer Protocol

Agreed by  Adult and Community Services SMG - Dec. 06
Children and Young Peoples Services SLG - Jan 07

Contents

1.    Scope Context and Principles

• Scope
• National and local Policy and legal context
• Policy Principles

2.    Policy Procedures and Protocols

• Prior to Year 11 (15-16 yrs)
• During Year 11 (age 15/16)
• Year 12 (age 16/17)
• Age 18 (from the Child's 18th Birthday)
• Young People arriving in Devon between 15 to 17 yrs
• Other cases of Late Referral to ACS
• Locality Young Person’s In Transition” (YPIT) Planning Meetings
• Dispute Resolution Process

Appendices
Appendix 1.  Applicability to Care Leavers
Appendix 2.  Young Person’s “Pre-referral” Form.

1.  Scope Context and Principles
1.1  Scope

This protocol concerns the arrangements for all young people with special needs in Devon County Council (DCC) transferring from Children and Young Peoples Services (C&YPS) to Adult and Community Services (ACS).  Transfers to ACS will take place where services may be required at 18yrs and beyond.

1.2  Context
The protocol is part of the Devon Transition Protocol (include E -link) and should be read in conjunction with this overarching protocol. The Transitions Protocol covers all aspects of transition planning for Young People with Special Needs. The Transitions protocol describes arrangements that support integrated planning at all levels, and across Social Services, the NHS and Partnership Trusts, Education, Schools and Connexions.

1.3  How to decide the lead service within ACS that a young person with special needs will be transferred to is covered in the ACS Client Categories and Case Transfers Policy and Protocol (include E-link)

1.4  The process of transferring from C&YPS to ACS includes a change in the basis of rights and duties that services are provided under.  Information regarding this can be obtained from www.devon.gov.uk/transition13plus.  Staff supporting the transitions process need to be able to explain the differences in these duties to young people in transition and their families.

1.5  Additional issue solely relating to Care Leavers are described in  Appendix 1 below.

1.6  Principles
It is the duty of both directorates to apply this protocol in a way  that supports the young person and their family through the developmental and practical challenges of transition, and to provide the most appropriate service for the young person within the framework of rights and duties referred to above.

1.7  Any difficulties in reaching agreement on issues relating to this  protocol should be resolved as soon as possible and without any detrimental affect to the young person and their carers.  (See dispute resolution process)

2. Prior to Year 11 (15-16 yrs)
2.1  Under the Disabled Person’s Act 1986 an initial list of names of  young people “subject to a statement of Educational Need, who are disabled and who may require services from the Local Authority when leaving school” will already have been identified

2.2  The process for identifying these children and in coming to a  view about the nature of their disability is referred to in the main Transition Protocol under Year 9. The detailed process is separately described within Devon CYPS procedures.

2.3  The main Transition Protocol describes planning from Year 9 onward. In most cases the transfer arrangements will, commence from Year 11. However there should be early consultation with ACS where there are particularly costly financial projections beyond the Young Person’s 18^th birthday identified from year 9 (age 13/14) onwards.

2.4  Devon CYPS will use this and other information to provide details of the numbers of young people expected to begin requiring adult social care services for each financial year, and a summary of the cost of the services they are expected to require.  

3.  During Year 11 (age 15/16)
3.1  The annual review of the transition plan at Year 11 will include all young people identified in the list as described above. It will also include any other young person who is deemed likely to need services in adulthood. It is the responsibility of the appropriate Children’s Practice Manager to ensure that all such children are included, and that detailed planning for Adult Services is started.

3.2  Information will be forwarded to the appropriate Adult Services Team using the “Young Person’s pre-referral form”. (Appendix 2). This could be to the Adult Learning Disability, Physical Disability, Sensory Disability or Mental Health Teams. The mechanism/frequency for doing this can be determined locally, but the idea is that a spreadsheet of basic information is established and maintained by the Children’s Joint Agency Team, and that the list is kept under regular review by all Team/Practice Managers from Children’s and all the Adult Services.  This “pre-referral” list should indicate which Adult Team the Children’s key worker considers it most appropriate to refer to. It might, occasionally, indicate more than one Team.

Core information should include: -

• Name of young person
• Date of birth
• Address
• Area of difficulty (using the joint agency classifications)
• Likely needs in adulthood
• Current funding arrangements

3. During Year 11 (age 15/16)
3.1  The annual review of the transition plan at Year 11 will include all young people identified in the list as described above. It will also include any other young person who is deemed likely to need services in adulthood. It is the responsibility of the appropriate Children’s Practice Manager to ensure that all such children are included, and that detailed planning for Adult Services is started.

3.2  Information will be forwarded to the appropriate Adult Services Team using the “Young Person’s pre-referral form”. (Appendix 2). This could be to the Adult Learning Disability, Physical Disability, Sensory Disability or Mental Health Teams. The mechanism/frequency for doing this can be determined locally, but the idea is that a spreadsheet of basic information is established and maintained by the Children’s Joint Agency Team, and that the list is kept under regular review by all Team/Practice Managers from Children’s and all the Adult Services.  This “pre-referral” list should indicate which Adult Team the Children’s key worker considers it most appropriate to refer to. It might, occasionally, indicate more than one Team.

Core information should include: -

• Name of young person
• Date of birth
• Address
• Area of difficulty (using the joint agency classifications)
• Likely needs in adulthood
• Current funding arrangements

3.3  In accordance with the main protocol, relevant information on  the longer term (Adult Services) options, future planning options and legal responsibilities must be conveyed to the parent/carers, and if appropriate, the young person. Information should include Direct Payments for 16/17 year olds. A benefit check (if not already completed) must be instigated. Consideration should also be given in all appropriate cases as to whether the young person’s name should be registered for accommodation with the District Council.

3.4  At this stage it is important to take account of the longer term financial implications of any decisions or planning and the future role of ACS in assessing needs and providing services.

4.  Year 12 (age 16/17)
4.1  By the time of the Year 12 review or within 3 months of the Young Person’s 17^th birthday (whichever is the earlier) the CYPS Key Worker or Practice Manager if not allocated will make a formal referral to the appropriate Adult Team.  Attached to the referral will be the most recent Care Plan for the child and any other relevant information. It is anticipated that details of these arrangements will have already been agreed in one of the YPIT meetings.

4.2  The Adult Services Team Manager will allocate a “shadow” Key Worker/Care Manager to link with and work alongside the Key Worker in the Children’s Team (or where operative this could be the dedicated transition worker), and to undertake a joint assessment where necessary. Where there are allocation difficulties the Adult Services Team/Practice Manager and the Children’s Practice Manager should agree interim arrangements. In extreme cases this could involve the child care Key Worker retaining care (but not financial) responsibility beyond the Young Person’s 18^th birthday.

4.3  When considering services at this stage, plans will need to take into account of the following;

• what services the Young Person will continue to need, (and be eligible for) in his/her adult life.
• the requirements of “Fair Access to Care Services Guidance” that applies to social care service provided by ACS,
• the need to be consistent with the principles of promoting independence, and of best value as applied by ACS.
• where the young person wants to live as an adult,
• what their housing and housing support needs will be
• their eligibility for housing, housing support services, and adaptations, as a child/ young person and as an adult.
• Eligibility for Independent Living Fund payments (ILF).

4.4  The Year 12 Annual Review (age 16/17) must be attended by a Representative of the C&YPS Team and of  Adult and Community Services, as well as other relevant participants.

Any difficulties arising from non engagement of partners should be monitored and the reasons analysed by the lead officers from ACS and CYPS. For Avoidable Late referrals see 7.2.

4.5  In the case of a Looked After Child the special arrangement described in Appendix 1 should be followed.

4.6  Any Looked After Child with Special Needs still in foster care at the age of 18, who meets FACS criteria, and who wishes to remain with the same carers should be given that opportunity if the carers agree. Adult Services may fund the placement by considering the carers as supported lodgings, through the South West Adult Placement Scheme (SWAPS) or by the use of Direct Payments. Regard must of course be given to any statutory requirements relating to carer also wishing to remain as foster carers.  

4.7  Similarly, where the Transition plans indicates a referral to the Mental Health Team, the Child/Adult Psychiatry Protocol may also need to be considered.

4.8  The Adult Practice Manager/Care Manager is responsible for ensuring the post 18 Plan is relevant, age appropriate and meets the necessary eligibility criteria. Submission to the appropriate Adult Panel will be the responsibility of the Adult Care Manager. However any child being presented to the Children’s Panel must also take into account the post 18 services. In some situations both Panels may need to be approached and plans confirmed by both before arrangements are finalised.  Panel Chairs may need to liaise in such cases.

4.9  The above is particularly pertinent in relation to plans for longer term residential care or other expensive care packages. In such cases it may be necessary to approach the Adult Panel and other implicated funders first, in order to get a preliminary view. In some cases this approach may need to be taken at an earlier stage, e.g. following the Year 11 review, if concrete plans are being formulated at that stage.  (see paragraph 4.8)

4.10  Case management and financial responsibility stays with the Children’s Team until the child’s 18^th birthday. In exceptional cases and by agreement with relevant Managers case management responsibility may transfer across sooner (or later – see para. 4.2) where this is in the best interests of the Young Person.

4.11  J.A.T Key Workers and shadow Care Managers will need to ensure that all administrative and financial requirements are completed in time to ensure continuity  of service at the age of 18. This is particularly important where the same providers are being used (e.g. foster carers). Finance staff from the appropriate Directorships will also need to liaise with each other to ensure that this happens.

5  Age 18 (from the Child’s 18^th Birthday)
5.1  Case management and financial responsibility for the Young Person transfers to the appropriate Adult Team on the child’s 18^th birthday. (N.B. but note there may be a variation to this in relation to the Care Leavers)  

5.2  The Year 13 (age 17/18) review should check that the transfer has been effective or that the case is proceeding smoothly to such a transfer.

5.3  There is no transfer of resources at 18 by CYPS to ACS, if the protocol for informing ACS has been applied regarding Avoidable Late Referrals in the 17 the year (see 7.2). If the Young Person is also a “Care Leaver”, some costs may, in instances where Care Leavers statute explicitly decrees this (to be defined in practice) be coded against the Care Leavers budget.  

5.4  Where appropriate it may be agreed that the Children’s Team Key Worker remains involved for a limited period of time after the child’s 18^th birthday. Responsibility (and key working) would however generally rest with the Adult Team. This provision would normally only be used to ensure a smooth transition when it has not been possible to achieve this before.

6.  Young People arriving in DCC Devon between 15 to 17 yrs
6.1  It may not be possible to have followed this Protocol in full for Young People with Special Needs who arrive in Devon at between 15 to 17 yrs.  The requirements of the Protocol for the age at which the young person becomes resident in DCC Devon should be fulfilled by CYPS and ACS as soon as possible after the young person coming to the attention of CYPS.

7  Other cases of late referral to ACS
7.1  Any other reasons for referrals to ACS not following the timescales set out here should be recorded and considered by the relevant Managers and Locality “Young Person’s In Transition” (YPIT) Planning meetings referred to below.  Arrangements for fulfilling the relevant requirements of the Protocol for the Young Person and planning for their transition should be made as soon as possible.

7.2  Avoidable late referrals - this describes cases where young people who are known to CYPS already and who are receiving services are not referred on following this protocol to ACS. Avoidable late referrals also describes any young person in their 17^th year who suddenly arrives within Devon CYPS requiring services who are then not also immediately referred to the relevant ACS following this protocol.

7.3  This implies that if any young person “arrives” in CYPS requiring services within their 17^th year who will need transitional support, that  ACS is contacted immediately regarding any services being set up so that agreement for the support is made together at that stage.

7.4  Where avoidable late referral to ACS by CYPS leads to unplanned for costs to ACS then the total unplanned for cost will be vired from CYPS to the relevant ACS budget for that year.

7.5  Any such cases which require arbitration will come to the attention of the relevant ACS lead and the Strategic Manager for Children with Special Needs CYPS

8.  Locality “Young Person’s In Transition” (YPIT) Planning Meetings
8.1  Regular “Young Person’s In Transition” (YPIT) planning meetings will be set up by an identified Children’s Practice Manager, for each Locality.  This will include any children held by mainstream Children’s Teams as well as JAT teams. These meetings may be on a quarterly basis or otherwise as agreed.

8.2  The purpose of these meetings will be to share information on individuals, discuss how the individual planning process might proceed, agree action, monitor progress, and where there is doubt, decide which Adult Team is primarily indicated. The meeting may also identify policy issues that need raising or resolution at a County Transition Implementation Group, or other forum.

8.3  Adult Practice Managers (or their representatives) must attend on a needs’ basis according to the list of young people under discussion. Clearly Learning Disability Managers will be involved on a more frequent basis than, say, their colleagues in the Sensory Services. The PCT and partners will need to agree the logistics of how these meetings are scheduled, which may vary according to local considerations.  

9  Dispute Resolution Process
9.1  In line with ACS Case Transfers and Client Categories Policy where agreement on most appropriate service or team in ACS to take lead responsibility for services to the Young Person cannot be reached by front Line Managers within two weeks, then the issue must be referred to the relevant ACS manager or equivalent.

9.2  If in exceptional circumstances Locality Managers or equivalent cannot reach agreement within a further two weeks the issue must be referred to the Heads of Service for ACS and Strategic Manager CSN CYPS who will aim to resolve the issue within a further two weeks or refer to the Directors.

9.3  For children where longer term planning arrangements are being considered at this stage and particularly when Adult Services may not yet be fully involved, it is important to take account of the longer term financial implications.

Appendices

Appendix 1 - Applicability to Care Leavers (22KB - pdf help)
Appendix 2 - Young Person's "Pre-referral" Form (18KB - pdf help)

Link to: Devon Transitions Protocol for Young People with Special Needs
             Case Transfers, Transitions and Client Categories