By phone or email
To speak to an adviser, please call our free and confidential advice line 0808 801 0366 (Monday to Friday 9.30am to 3pm, excluding Bank Holidays). Or you can ask us a question via email using our advice enquiry form.
Are you a parent, kinship carer relative or friend of a child who is involved with, or who needs the help of, children’s services in England? We can help you understand processes and options when social workers or courts are making decisions about your child’s welfare.
Our advice service is free, independent and confidential.
To speak to an adviser, please call our free and confidential advice line 0808 801 0366 (Monday to Friday 9.30am to 3pm, excluding Bank Holidays). Or you can ask us a question via email using our advice enquiry form.
Our online advice forums are an anonymous space where parents and kinship carers (also known as family and friends carers) can get legal and practical advice, build a support network and learn from other people’s experiences.
Our get help and advice section has template letters, advice sheets and resources about legal and social care processes. On Monday and Wednesday afternoons, you can use our webchat service to chat online to an adviser.
There are different ways a disabled child or a child with special educational needs and their family can access help and support.
First, families may want to see what support is available in the local area without an assessment. They can find information about this support on their council’s website. This will usually be in the local offer section.
Early help
A disabled child or a child with special educational needs can have an early help assessment. Early help aims for agencies to work together to provide support as soon as problems emerge. This is because tackling a problem early can stop things getting worse. Government statutory guidance called Working Together 2018 says that ‘Practitioners should, in particular, be alert to the potential need for early help for a child who:
See our Early help page for more information about early help assessments and services, including how to ask for an assessment.
If a child’s needs are not being met even though early help services are provided, a parent or carer can ask for a child in need assessment.
Child in need assessment
The law says that a disabled child will be a child in need (section 17 of the Children Act 1989). And the courts have said that a disabled child and their family have a right to some form of assessment of their needs (paragraph 32 of House of Lords R (G) v Barnet LBC and others) But:
The local threshold document should explain the measures used in the local area to decide what help children can receive. The threshold document (or the measures in it) may be called eligibility criteria in some local areas. And it is the local threshold document that helps social workers decide if a child is likely to get any help or services. Slightly different measures or ‘thresholds’ apply in different parts of England.
See our Child in need page for more information about child in need assessments.
If children’s services say that they will provide help and support, this help can be given directly to the child, their parents, or another adult in the family. This can happen so long as the help is being given with the aim of keeping the child safe and well cared for (see section 17(3)).
Services under the Sick and Disabled Persons Act 1970
When children’s services do a child in need assessment of a disabled child they must also look at whether to provide support under section 2 of the Chronically Sick and Disabled Persons Act (CSDPA). Services available under CSDPA include:
If the help and support needed can be provided under section 2 of the CSDPA and it is necessary in order to meet a disabled child’s needs, children’s services must arrange for it to be put in place. The child has a right to this support.
If help and services are provided, then the courts have said that children’s services must clearly state which legislation this is being given under (see JL v Islington (2009) EWHC 458 (Admin)). This is important. Having this information allows children and families to clearly know how their needs have been considered. And how decisions have been made.
Parent carer needs assessment – parents and carers with parental responsibility
A parent carer is someone with parental responsibility for a disabled child and is providing (or intends to provide) care for that child (see section 17ZD of the Children Act 1989).
The things that a parent carer assessment must consider and do are all listed out in sections 17ZD (9), (10) and (12).
The assessment should involve the parent carer, the child and anyone else the carer asks to be involved. And at the end, the parent carer must be given a written copy of the assessment. Children’s services must also send a copy of the assessment with anyone the parent carer asks them to.
Parents and carers without parental responsibility
This right is set out in section 1 of the Carers (Recognition and Services) Act 1995.
The results of this kind of assessment should be looked at when children’s services decides whether to provide services to a disabled child. A parent and carer can contact their local council and ask for an assessment.
Whatever type of assessments take place it is important to remember that a child’s needs may change over time. Support put in place at one time, may not continue to be the right help for the child and family at a later point. Parents and carers may therefore need to request reassessment if their child’s needs change.
Your donation will help more families access expert legal advice and support from Family Rights Group.
Donate Now