5.3 Assessment for Children with Disabilities as a Child in Need under section 17 Children Act 1989

All children with disability are Children in Need under section 17 Children Act 1989 and are therefore entitled to an assessment as a disabled child. 

Duties to a disabled child extend beyond the general provisions of the Children Act 1989: the Chronically Sick and Disabled Persons Act 1970, Section 2 confers a duty on a local authority to provide a service which in its own assessment a child needs.

A carer of that child may also require the local authority to undertake an assessment of their ability to provide support under section 1 of the Carers (Recognition and Services) Act 1995.  The local authority must take account of such an assessment when deciding whether or not to provide services to the disabled child.

If a local authority considers that a parent carer of a disabled child may have support needs , it must carry out an assessment under section 17ZD of the Children Act 1989.  The local authority must also carry out such an assessment if the parent carer requests one.

Short breaks for carers of children with disability are outlined in the short breaks services statement as required by the Breaks for Disabled Children Regulations 2011.

The Children and Families Act 2014 outlines the systems required to support children and young people with Special Educational Needs (SEN) including the introduction of Education Health and Care Plans (EHCP) based on assessments of need.  ECHPs are led by education but must include contributions from health and social care. EHCPs must be informed by an assessment of care needs, the views of the child and the views of the carers. This is in recognition that support for children and young people with SEN is most helpful and effective when it takes into account their needs beyond their education. 

Children who have complex health care needs which are not met by universal services may qualify for an assessment under Children’s Continuing Care.

If a child with disabilities is assessed by children’s social care with needs under section 17 Children Act 1989; those needs, associated interventions and support, and anticipated outcomes are identified in a Child in Need (CIN) Plan.  The CIN plan is produced which is reviewed by all partners at an interval agreed by those partners; at a minimum a Child in Need Plan would be reviewed 6 monthly with an annual reassessment of need.  The social worker visits the child at appropriate intervals between the CIN Reviews on their own to obtain their views. The frequency of visits will be determined by what the need is within the family. There may be some children who cannot safely be seen alone but their views will be gathered and understood.  The CIN Plan is amended or closed following the Child in Need Review.

There will be situations where there are significant concerns about a child or young person, and it will be necessary to clarify their risk of significant harm under Part 111 of the Children’s Act, 1989

In these circumstances the objective of the Local Authorities involvement is to determine whether action is required to safeguard and promote the welfare of the child or children who are subjects of the enquiries.

A Children and Families assessment is the means by which a Section 47 enquiry is carried out. Sefton children’s social care has the lead responsibility for the Children and Families under section 47 of the children’s Act, 1989.

The assessment is undertaken in accordance with the ‘Framework for Assessment of Children in Need and Their Families’ (DoH).  It should be led by a qualified and experienced social worker.

For more details see Section 6.