Post 18 EHCP transfer - adult social care

[mum2anxious]

LA have to do a SS assessment for the ehc ? I am just wondering, if i push for one, SS is not appealable right? So, would it be better to stick with waking day under section E and have it provided as education via a placement - because then its appealable. Or have I misunderstood. How easy is it to get help from SS - never had it before. If it means the same old fighting I haven't got the strength. If Im not making sense Ive been up all night squinting at this thing!

[Veritat]

You should ask anyway for a full care assessment under the Care Act 2014, and indeed they should already have done this. That would lead to a care plan the terms of which are enforceable. There isn't a right of appeal against the contents of a care plan, but if it was really rubbish you might be able to challenge it through judicial review.

The LA also have to do an SS assessment for the EHCP, especially for young adults whom they can't assume will be looked after by their parents forever. The Code of Practice requires them to put in section C a detailed description of care needs, with detailed and specific provision in H1 and H2. It's set out in paragraph 9.69 of the Code of Practice.

That doesn't mean that you shouldn't also ask for waking day provision in section F, there's no reason why you can't do both.

It's worth doing if you want residential provision in sections F and I, because you can ask that the care plan include it. Also it is likely to mean that the cost of a day placement won't necessarily be far different from the cost of a residential placement, if you build in the cost of putting the young person in, say, supported housing with transport to a college. Bear in mind that, for young adults, the LA is not entitled to assume that parents will provide a home indefinitely.

[mum2anxious]

Thank you, Veritat for your clear and helpful reply. But, what we were trying to do was to just let him start at the school they've agreed and see if doing that for a year or so increases his confidence enough so that he doesnt need care etc. Could we say, try it and see, and have the SS care thing in a years' time if necessary? Is that too dangerous?