FAQs on social care and the SEND reforms

Written by Steve Broach and CDCDate 29 Jun 2016

This advice has been prepared by Barrister Steve Broach from Monckton Chambers.

It sets out a number of frequently asked questions that have arisen through the Council for Disabled Children’s transforming culture and practice in children’s social care assessment programme as well as feedback from our social care training.

Questions featured in this publication include:

  • How do you balance the rights of 16 year olds under the Children and Families Act 2014 with care planning responsibilities up to 18 under the Children Act 1989?
  • How should Independent Reviewing Officers (IRO)/social workers challenge EHC plans if they do not feel it is meeting the needs of the child or young person?
  • Can a professional that is not a social worker complete reviews/assessments for needs provided under the CSDPA?
  • In EHC planning, should information about provision that meets social care needs that are either available as part of the local offer, Universal services or are paid for by the family be included in the H1 section?
  • Do we have any national data about how many authorities have the social care disability team structurally within SEND or remaining with the rest of social care?
  • Do disabled children, young people and their families have a right to a statutory assessment if they ask but their circumstances indicate that their needs can be met under universal provision/early help?