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Protocol for Walsall M.B.C Adults’ and Children’s Services
Joint Assessment and support for young carers and their families
Index
1. Introduction
2. Statutory Base
3. ’Procedures for Adults and Childrens Services
Appendix A: Legislation
Appendix B: Guidance
Appendix C: Further resources
Appendix D: Glossary
1. INTRODUCTION
This protocol outlines good practice for the staff of Walsall
Metropolitan Borough Council services who may come into contact with young carers and/or their families.
Young carers are children and young people under 18 who provide, or intend to provide, personal care, assistance or support to another family member on a regular basis. They carry out significant or substantial caring tasks and assume a level of responsibility which is inappropriate to their age. Caring tasks can involve physical or emotional care, or taking responsibility for someone’s safety or well being. The impact of taking on an inappropriate caring role can include underachievement or absenteeism at school, mental or physical ill health, and poverty.
Young carers most at risk are those who are the primary carer for
an adult, or who take on the ‘main’ carer role on a regular or temporary basis. There may be a lower impact on young carers whose lives are altered by the impact of a family member’s needs but who are not expected to provide direct care – where identification, peer support, and social opportunities may be the primary needs – e.g. through the Young Carers Project.
‘Disability’ refers to actual or perceived physical, sensory, emotional
or learning impairment, long term illness, HIV, drug or alcohol dependence and mental health problems.
The first aim of adults’ and children’s services should be to ensure
that people with disabilities do not have to rely on the inappropriate caring role of a child. Until this is achieved, support should be given to young carers and their families to reduce the impact of the caring role on the child.
Both children’s and adults’ services can be the first to become aware that a young person is a young carer or is at risk of becoming a young carer. This protocol outlines the roles of children’s and adults’ services in ensuring the family is offered an appropriate assessment of their needs, and in working jointly to meet those needs. There should also be partnership working with relevant organisations in the voluntary sector.
While the welfare of the child is always paramount, all children
benefit from having well-supported parents. In carrying out a referral or Common Assessment Framework staff should adopt a whole-family approach that supports adults who have care needs with their parenting role wherever possible.
STATUTORY BASE
(See also Appendix 1)
Mental Health Act 1983
Disabled Persons (Services and Consultation and Representation) Act 1986, S8
The Children Act 1989
NHS and Community Care Act 1990, S47
Carers (Recognition and Services) Act 1995, S1
National Service Framework for Mental Health 1999
The Framework for Assessment of Children in Need and their Families 2000
Carers and Disabled Children Act 2000
Fair Access to Care practice guidance (DH 2002)
Fair Access to Care guidance on eligibility criteria for Adults’ Services (DH 2002)
The Children Act 2004
The Carers (Equal Opportunities) Act 2004
Practice guidance to the Carers (Equal Opportunities) Act 2004 (SCIE 2005)
The Common Assessment Framework 2005
Children Act 2006
PROCEDURES FOR ADULTS’ AND CHILDREN’S SERVICES
It is the statutory duty of adults’ services to support disabled adults
In assessing the needs of their clients Adults’ services workers should ask these questions and record the answers:
Do you have children?
What are their ages?
Is there a child in the family who may be helping to provide care?
If the answer to these questions is “yes” the Adult worker should consider the following:
Does the child need and have they been offered an assessment under the Common Assessment Framework?
How can we support you in your parenting role?
What can be offered to help the whole family?
Workers within Adult services should note that if accessing Direct Payments, in their parenting role an adult may choose to use their Direct Payments to help them carry out their role as a parent.
When assessing a person for Community Care support, the impact
of that package on children in the person’s family should be considered. It is not acceptable to offer a community care package that depends on a child carrying caring responsibilities that are inappropriate to their age, regardless of how competent they appear to be.
All workers should understand and follow Walsall Metropolitan
Borough Council safeguarding and child protection procedures, the agreed protocols for Common Assessment and the Child Concern Model and agreed protocols for working with parents with disabilities.
3.4 If it is suspected that the child may be in need of children’s services,
be deemed to be vulnerable or at risk of significant harm, The
Framework for Assessment of Children in Need and their Families
should be used by children’s services under the Children Act 1989.
If a young carer does appear to be a child who is vulnerable, in
need or at risk, Adults’ services workers should work in partnership
with Children’s services to identify why this is so and whether
additional support to the cared-for person could address
the needs of the young carer.
A carer who is aged under 16 may request a carers assessment
(Young Carers Assessment) whenever the person they care for is assessed or re-assessed for Community Care. Carers 16 – 18 years may request a young carer’s assessment at any time. The child can be offered an assessment under the Common Assessment Framework by any suitably trained worker. Whenever a young carer is assessed, the Policy Guidance to the Carers Equal Opportunities Act 2004 states that their wish to work or undertake education, training or leisure will still apply, regardless of the legislation under which they were assessed. The child could also be referred to the local Young Carers Project.
All services who come into contact with children and young people
should include in their assessment/enrolment processes these
questions:
Does the child have disabled parents or other disabled family members?
Could the child be a young carer?
Is the family member for whom they are caring already receiving services from another department or agency?
Do we know if the person needing care has been offered a Community Care Assessment or made aware of how to contact appropriate services?
Is the child’s school involved or aware of what is happening and the family situation?
Any ‘young carer’ assessment which indicates that additional caring
demands placed on the child may jeopardise the child’s well being
and development should trigger a review of any existing support to
the cared for person or an offer of a community care assessment.
There are two ways to move forward and seek additional support for the young carer:-
Convene a Child Concern Meeting.
The meeting can be triggered by any professional (including
Adult Services) those already involved and professionals not
yet involved who may be able to assist the child as a young carer (including Adult Services).
Referral to the Walsall Young Carers Project for a young
carer assessment.
The outcomes for the assessment may include referral to
Adult Services for (additional) support to the person with a
disability.
During any assessment process, workers should:
Consider the family as a whole, acknowledge parents’ strengths and beware of undermining parenting capacity.
Work with colleagues from children’s/adults services and with the voluntary sector where appropriate.
Ensure that the assessment process is appropriate to the carer’s age and specific to their needs as a young carer.
Recognise that families may be fearful of acknowledging children’s caring roles.
scertain if the illness/disability is stable or changing.
Maintain a focus on positive outcomes for the young person and their family when working with other departments/agencies.
Respond to young carers’ needs for emotional support and counselling.
Consider the family’s housing needs and access to benefits.
Be sensitive to cultural perceptions and needs around disability, illness and caring whilst recognising a child’s fundamental rights to a safe and secure childhood.
Recognise there may be differences of view between children and parents about appropriate levels of care. Such differences may not be acknowledged. The resolution of such tensions will require good quality joint work between adult and Children’s Services. This includes co-operation from schools and health care workers. This work should include direct work with the young carer to understand his/her views. The young person who is a primary carer of his or her parent or sibling may have a good understanding of the family’s functioning and needs, which should be incorporated into the assessment.
Advocacy for the young carer should be considered and be available through the Young Carers Project and / or specialist provision.
3.10 As with adult carers no presumption should be made about the
willingness or ability to provide the care by the child or young person.
The senior member of staff in Walsall Metropolitan Borough Council with responsibility for policy relating to young carers and their families is the Head of Prevention and Locality Services.
If departments / agencies disagree as to who should support a young carer or their family, including any potential disagreements about appropriate funding they should refer to the senior lead for young carer’s.
APPENDIX A: LEGISLATION
DISABLED PERSONS (SERVICES, CONSULTATION AND REPRESENTATION) ACT 1986
Section 8 states:
8(1) Where:-
a disabled person is living at home and receiving a
substantial amount of care on a regular basis from another person (who is not a person employed to provide such care by any body in the exercise of its functions under any enactment); and
it falls to a Local Authority to decide whether the disabled
person’s needs call for the provision by them of any services for him under any of the welfare enactments,
the Local Authority shall, in deciding that question, have regard to
the ability of that other person to continue to provide such care on
a regular basis.
CHILDREN ACT 1989
Section 17(1) defines children in need as including any child:-
who is unlikely to achieve or maintain, or to have the
opportunity to achieve or maintain, a reasonable standard of health or development without the provision of services by a local authority;
whose health or development is likely to be significantly
impaired, or further impaired, without the provision of such
services; or
who is disabled.
S17(3) states:
Any service provided by an authority in the exercise of functions
conferred on them by this section may be provided for the family of a
particular child in need or for any member of his family, if it is provided
with a view to safeguarding or promoting the child’s welfare.
Schedule 2 requires Local Authorities to:-
Identify the extent to which there are children in need living
in their area.
Provide family support services with a view to safeguarding
and promoting the child’s welfare; and
Encourage their upbringing by their own families as far as
is consistent with the child’s overall welfare.
Paragraph 3 of Schedule 2 states that
“Where it appears to a Local Authority that a child within their area is in
need, the Authority may assess his needs for the purposes of this Act at
the same time as any assessment of his needs is made under:-
The Chronically Sick and Disabled Persons Act 1970;
Part III of the Education Act 1993
The Disabled Persons (SCR) Act 1986; or
Any other enactment.”
CHILDREN ACT 2004 – SECTION 53
Within assessments of Children in Need (under Section 17 Children Act
1989) a duty to consider the wishes and feelings of the child regarding the
provision of services.
NATIONAL HEALTH SERVICE AND COMMUNITY CARE ACT 1990
Section 47(1):
Subject to subsections (5) and (6) (….), where it appears to a local
Authority that any person for whom they may provide or arrange for the
Provision of Community Care services may be in need of any such
Services the Authority:-
shall carry out an assessment of his needs for those
services; and
having regard to the results of that assessment, shall then
decide whether his needs call for the provision by them of
any such services.
CARERS (RECOGNITION AND SERVICES) ACT 1995
1(1) Subject to subsection (3), in any case where:-
A Local Authority carries out an assessment under Section
47(1)(a) of the National Health Service and Community Care Act 1990 of the needs of a person (“the relevant person) for
Community Care services; and
an individual (the carer) provides or intends to provide a
substantial amount of care on a regular basis for the relevant person, the carer may request the Local Authority, before they make their decision as to whether the needs of the relevant person call for the provision of services, to carry out an assessment of his ability to provide, and to continue to provide, care for the relevant person; and if he makes such a request, the Local Authority shall carry out such an assessment and shall take into account the results of that assessment in making that decision.
DfES CIRCULAR 10/99 SOCIAL INCLUSION: PUPIL SUPPORT
Paragraph 3.10 – 3.12
Refers to possible lateness or absence of Young Carers because of their responsibilities. It suggests that schools should set time limits for absence and set some school work.
Referrals to outside agencies should be handled sensitively.
Schools should consider designating a member of staff to have responsibility for Young Carers.
Schools can contribute to support schemes.
NATIONAL SERVICE FRAMEWORK FOR MENTAL HEALTH 1999
Standard 6 – Caring for carers
Outlines the roles and responsibilities of Social Services, G.P’s, Primary
Care Teams and others with regards to assessing and meeting carers’
Needs including young carers.
Feeling that no one else understands their experience;
Problems moving into adulthood, especially with finding work, their own home, and establishing relationships.”
“Young carers need:
Recognition of their role;
Support with caring tasks. This is especially important so that they can attend school and do their homework;
Information about the support available to them;
Emotional support and especially someone who they can talk to about their feelings.”
All quotes are from chapter 8, which also states that “schools need to be
sensitive to the individual problems faced by young carers” and that
“Schools might find it helpful to have one member of staff to act as a link
between young carers, the education welfare service, social services and
young carers’ services.”
CARERS AND DISABLED CHILDREN ACT 2000
S.1. (1) If an individual aged 16 or over (“the carer”)-
Provides or intends to provide a substantial amount of care on
A regular basis for another individual aged 18 or over (“the person cared for”); and
Asks a local authority to carry out an assessment of his ability
to provide and to continue to provide care for the person cared for,
the local authority must carry out such an assessment if it is
satisfied that the person cared for is someone for whom it may
provide or arrange for the provision of community care services.
CARERS (EQUAL OPPORTUNITIES) ACT 2004
Explanatory notes, paragraph 10:
First, the Act requires local authorities to inform carers, in certain
circumstances, that they may be entitled to an assessment under the
1995 and 2000 Acts. Second, when undertaking a carer’s assessment,
the local authority must consider whether the carer works, undertakes
any form of education, training or leisure activity, or wishes to do any of
those things. Third, the Act provides for co-operation between local
authorities and other bodies in relation to the planning and provision of
services that is relevant to carers.
MENTAL CAPACITY ACT 2005
The Principles:
A person must be assumed to have capacity unless it is established that
he lacks capacity.
A person is not to be treated as unable to make a decision unless all
practicable steps to help him to do so have been taken without success.
A person is not to be treated as unable to make a decision merely
because he makes an unwise decision.
An act done, or decision made, under this Act for or on behalf of a
person who lacks capacity must be done, or made, in his best interests.
Before the act is done, or the decision is made, regard must be had to
whether the purpose for which it is needed can be as effectively
achieved in a way that is less restrictive of the person’s rights and
freedom of action.
APPENDIX B: GUIDANCE
NATIONAL CARERS STRATEGY Caring about Carers DH 1999
“Frequent effects for children and young people of providing care:
Problems at school, with completing homework and in getting qualifications;
Isolation from other children of the same age and from other family members;
Lack of time to for play, sport or leisure activities;
Conflict between the needs of the person they are helping and their own needs, leading to feelings of guilt and resentment;
Feeling that there is nobody there for them, that professionals do not listen to them and are working only with the adult;
Lack of recognition, praise, or respect for their contribution;
Feeling that they are different from other children and unable to be part of a group;
Feeling that no one else understands their experience;
Problems moving into adulthood, especially with finding work, their own home, and establishing relationships.”
“Young carers need:
Recognition of their role;
Support with caring tasks. This is especially important so that they can attend school and do their homework;
Information about the support available to them;
Emotional support and especially someone who they can talk to about their feelings.”
All quotes are from chapter 8, which also states that “schools need to be
sensitive to the individual problems faced by young carers” and that
“Schools might find it helpful to have one member of staff to act as a link
between young carers, the education welfare service, social services and
young carers’ services.”
FRAMEWORK FOR THE ASSESSMENT OF CHILDREN AND THEIR
FAMILIES 2000
A group of children whose needs are increasingly more clearly
recognised are young carers for example those who assume important caring responsibilities for parents and siblings. Some children care for parents who are disabled, physically or mentally ill,
others for parents dependent on alcohol or involved in drug misuse. For further information and guidance refer to the Carers (Recognition and Services) Act 1995: Policy Guidance and Practice Guide (Department of Health, 1996a) and Young carers: Making Start (Department of Health, 1998a).
An assessment of family circumstances is essential. Young carers
Should not be expected to carry inappropriate levels of caring which have an adverse impact on their development and life chances. It should not be assumed that children should take on similar levels of caring responsibilities as adults. Services should be provided to parents to enhance their ability to fulfil their parenting responsibilities. There may be differences of view between children and parents about appropriate levels of care. Such differences may be out in the open or concealed. The resolution of such tensions using the Common Assessment Framework will require good quality joint work between adult and children’s social services as well as co-operation from schools and health care workers. This work should include direct work with young carer to understand his or her perspective and opinions. The young person who is a primary carer of his or her parent or sibling may have a good understanding of the family’s functioning and needs which should be incorporated into the assessment.
Young carers can receive help from both local and health
authorities. Where a child is providing a substantial amount of care on a regular basis for a parent, the child will be entitled to an assessment of their ability to care under section 1(1) of the Carers (Recognition and Services) Act 1995 and the local authority must take that assessment into account in deciding what community care services to provide for the parent. Many young carers are not aware that they can ask for such an assessment. In addition, consideration must be given as to whether a young carer is a child in need under the Children Act 1989. The central issue is whether a child’s welfare or development might suffer if support is not provided to the child or family. As part of the National Strategy for Carers (1999a), local authorities should take steps to identify children with additional family burdens. Services should be provided to promote the health and development of young carers while not undermining the parent.
THE COMMON ASSESSMENT FRAMEWORK & CHILD CONCERN MEETINGS
The Common Assessment Framework introduces a systematic
Approach for gathering and analysing information about all children
who may be in need and their families, which can discriminate effectively between different levels of vulnerability?
Walsall’s Child Care Concern Model has been integrated with the
Framework for the Assessment of Children in Need and their Families to provide a consistent approach for those working with children in need.
Any professional having cause for concern for a child can convene a child concern meeting.
In working together all agencies will need to have a realistic expectation of each other’s ability to both intervene and provide services that will both promote and maintain change.
Workers within all agencies will need to ensure that in the process of gaining consent from parents, children and young people unrealistic expectations have not been raised with any party.
In making a referral to a partner agency the referring worker should have completed their own assessment of the child/family situation, which should have been shared with the parent or carer, unless to share that assessment would place a child at increased risk of significant harm and prevent the child from being safeguarded. Problem solving at the earliest opportunity is essential.
Dependent on the child or young person’s needs, this process can be accessed at any level. Ongoing assessment of the child or young person’s needs will result in the child or young person moving through the range of service provisions in any direction.
Level 0 – Well Children
Well children accessing universal services
Level 1 - Vulnerable
Targeted Services – Single agency preventative response
Level 2 – Complex Vulnerability
Targeted Services – Multi agency preventative response Child concern and CAF procedures.
Level 3 – High Risk
Children in Need or requiring a safeguarding multi agency response – Social Services led.
It is not necessary for professionals to systematically work their way through each proceeding level of vulnerability. Some children and their circumstances will require professionals to start at level 2 or level 3.
Child Concern Training and the Common Assessment Framework Training can be accessed by booking a place with Sue Lloyd – Administration Assistant CAF Team and ISA Project. Telephone: 01922 650497.
APPENDIX C: FURTHER RESOURCES
www.youngcarers.net The Princess Royal Trust for Carers young
carer’s website offers online support to young carers and includes a section for professionals.
www.youngcarer.com the Children’s Society’s Young Carers Initiative includes a database of local Young Carers Services and the DfES Principles of Practice for working with young carers.
www.disabledparentsnetwork.org.uk Disabled Parents Network is the leading organisation advocating for the rights of disabled parents. The website includes information on the legal rights of disabled parents.
APPENDIX D: GLOSSARY
Childrens Services The service delivery model will integrate services in localities through children’s centres, extended schools and other appropriate venues, focusing on providing early multi-agency support to families. Children will be safeguarded by early recognition of risks and the provision of local support, with specialist intervention when needed.
November 2007
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