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3.1.5 Short Breaks


Contents

  1. The Short Breaks Local Offer
  2. The Legal Basis for Overnight Short Breaks
  3. Determining the Status of the Short Break
  4. Types of Assessment
  5. Plans
  6. Reviews
  7. Social Work Visits
  8. Short Break Settings
  9. Providing Care in the Child's Own Home
  10. Providing Care in the Carer's Own Home or in the Community


1. The Short Breaks Local Offer

There are two principal forms of short breaks provided through Cambridgeshire County Council. Many children and families are supported by community-based short breaks in the form of activities, clubs, one-to-one support, etc, which do not involve the child/young person staying away from home. A smaller number require more complex packages of support which, following social work assessment, may include overnight short breaks in specialist residential or family-based provision.

Since 2011 all local authorities are required to provide short breaks for disabled children. In Cambridgeshire there is a short breaks ‘Local Offer’ which is available to disabled children and young people who are not currently receiving short breaks services from the early years support, the NHS or Social Care.

Short breaks form part of a range of services that support disabled children and their families to give:

  • disabled children and young people enjoyable experiences away from their primary carers, contributing to their personal and social development and reducing social isolation
  • parents and families a necessary and valuable break from caring responsibilities
  • support to enable them to do more things together as a family

Accessing community-based Short Breaks

There are a range of ways of accessing community-based Short Breaks:

The Disabled Children's Early Help Team manages the process, and will:

  • Visit the family;
  • With the child, young person and family, agree a personalised support plan and personal budget;
  • Record the Early Help Self Directed Support plan;
  • Set up any direct payment, ensuring the family and young person have the required information and that arrangements are in place for the family to manage the money on behalf of their child;
  • Provide information about activities and short breaks;
  • Support young people age 16+ to access volunteering or work experience opportunities.

The Cambridgeshire SEND Local Offer has a section about the short breaks offer for disabled children which includes the following:

  • The local Short Breaks Duty Statement;
  • The self-directed support price guide.

These two documents detail the process for accessing short breaks and details (including costs) of clubs, groups, activities and services that can be purchased with the short breaks direct payment.

Social Workers must always access this information from the website link to ensure they are using the most up to date information.


2. The Legal Basis for Overnight Short Breaks

Children may be provided with short breaks under the following legislation:

  • Situation 1 - Under Section 17 Children Act 1989, in which case they are not Looked After Children, the 2010 Regulations do not apply and there is no requirement to appoint an Independent Reviewing Officer (IRO). A Child in Need Plan is required and reviews should be carried out at least every 12 weeks and more often if required; or
  • Situation 2 - Under Section 20 Children Act 1989, with short breaks of not more than 17 days each in the same setting (where the total number of placement days does not exceed 75 in any 12-month period) and/or families have limited resources to support a child whilst the child is away and may not be able to fully exercise their Parental Responsibility. In these circumstances, the child is looked after, an IRO must be appointed, and a Care Plan drawn up (See Section 3, Determining the Status of the Short Break). The 2010 Regulations are modified (Regulation 48), so that Looked After Reviews (see Section 6, Reviews below) and Social Work Visits (see Section 7, Social Work Visits below) are less frequent and the short breaks are treated as a single placement; or
  • Situation 3 - Under Section 20 Children Act 1989, where the short breaks exceed a total of 17 days per placement/75 days per 12-month period and/or take place in more than one setting. In these circumstances, the child is Looked After, an IRO must be appointed and a Care Plan drawn up. The 2010 Regulations apply in full, including the provisions on frequency of Looked After Reviews and Social Work Visits.

In situations 1 and 2, the requirements which usually apply to looked after children in respect of health assessments and reports, and notification of placements, do not apply.

The legal basis on which services are provided should be clear. The decision to provide a short break under Section 17 or under Section 20 should be informed by the assessment of the child's needs and should take account of parenting capacity and wider family and environmental factors, the wishes and feelings of the child and his/her parents and the nature of the service to be provided.

The key question in deciding whether to provide the short break provision under Section 17 or Section 20 is how to promote and safeguard the welfare of the child most effectively.


3. Determining the Status of the Short Break

Before making, and when reviewing, a decision about whether to provide accommodation under Section 17 or Section 20, there should be a careful assessment of the child and family's needs that addresses:

  • Particular vulnerabilities of the child, including communication method;
  • Parenting capacity of the parents within their family and environmental context, taking into account any assessments undertaken on family members as carers under the Children and Family Act 2014 and the Care Act 2014, (See Section 4.2, Carer’s Assessment);
  • The length of time away from home and the frequency of such stays - the less time the child spends away from home, the more likely it is to be appropriate to provide the accommodation under Section 17;
  • Whether short breaks are to be provided in more than one place - where the child has substantial packages of short breaks in different settings, it is more likely to be provided under Section 20;
  • Potential impact on the child's place in the family and on primary attachments;
  • Observation of the child (especially children who do not communicate verbally) during or immediately after the break by a person familiar with the mood and behaviour of the child (e.g. parents or school staff);
  • Views of the child and parents - some children and parents may be reassured by and in favour of the status of a looked after child, while others may resent the implications and associations of the 'looked after' status. The child may benefit from having an Advocate;
  • Extent of contact between short break carers and family and between the child and family during the placement;
  • Distance from home; and
  • The need for an Independent Reviewing Officer (IRO) to monitor the child's case and to chair reviews.


4. Types of Assessment

4.1 Child's Assessment

The assessment will involve the completion of the Single Assessment template as a wider assessment of the most appropriate services, if any, that are required to meet the child’s needs, thereby supporting their family. A short break may not always be the most appropriate form of support, but where this is being considered, it will be important to be explicit about the reason for the short break; contact and communication details of the person with Parental Responsibility and their ability to monitor the placement whilst the child is there; the child’s health and medical details and provision of urgent medical attention (if required); the child’s routines, likes, dislikes and current arrangements for the child, (e.g. School) together with behavioural issues and how these are usually dealt with by the family. There should be opportunities for the short break carer and parent and child to meet and discuss the child’s personality, routines, etc.

This information and the arrangements should be reflected in a Child in Need Plan (see Section 5, Plans) together with the child’s understanding and views of them going into a Short Break situation and the caring arrangements to be provided by the Short Term Break carer(s).

Where the child is to be Accommodated under Section 20, the relevant Accommodation papers and ‘Consent' details should be completed. The Care Plan and Placement Information Record should reflect the arrangements required. (See Section 5.2, Looked After Child Care Plan).

Where the child’s circumstances are more complex because of their social and /or health needs and they are receiving substantial levels of short break support (possibly in different placements), they will be Accommodated under Section 20.

Where children become Looked After the Independent Reviewing Unit should be advised and appropriate arrangements made for a review, depending upon whether Regulation 48 applies, (see Section 6, Reviews).

4.2 Carer's Assessment

Where a child has been assessed to be a Child in Need, parents/carers have the right to have an assessment of their own under the Children and Families Act 2014 either:

  • On the appearance of need; or
  • Where an assessment is requested by the parent / carer.

The assessment must consider whether that parent has needs for support in meeting their responsibilities as parent and, if so, what those needs are. Funding is not available to meet needs that do not affect parenting capacity. The assessment must consider whether it is appropriate for the parent to provide, or continue to provide, care for the disabled child, in the light of the parent’s needs for support, other needs and wishes.

The assessment must also have regard to:

  • The well-being of the parent carer; and
  • The need to safeguard and promote the welfare of the child and any other child for whom the parent carer has parental responsibility.

Following assessment, the local authority must then decide;

  • Whether the parent has needs for support;
  • Whether the child has need for support;
  • And if so whether those needs could be met (wholly or partly) by services under Children Act 1989, s17.

Any services to be provided for parent carers of disabled children should be included in the Child in Need Plan and can be included in the Education, Health and Care Plan, if the child has one.

As the young person approaches 18 the Social Worker will complete an Adult Carers (carer of a person over 18) Assessment and Carers’ Support Plan, if applicable, ready for implementation after the young person turns 18. The Social Worker will also support the adult carer to complete a ‘What If Plan’ and ensure that this is registered with Carers Trust Cambridgeshire.

(See Step By Step Guide to Adult Assessment Process).


5. Plans

5.1 Including the Short Breaks in the Child in Need Plan

This is applicable where short breaks are provided under Section 17 Children Act 1989. Where support is provided through Early Help, details will be recorded in the Early Help Plan.

The Child in Need Plan must set out clearly all the services, including short breaks, that are to be provided to meet the child's needs. Many families with disabled children receive a range of services and, wherever possible, there should be a single plan which includes the full range of family support services on a multi-agency basis. The plan will show how the short break will meet the needs of the child and family identified in the assessment. It will:

  • Have clear and realistic objectives;
  • Include the ascertainable wishes and feelings of the child and views of the family. The child may benefit from having an Advocate;
  • Follow consideration of options, including but not limited to Direct Payments;
  • State the nature and frequency of services, as far as is practicable, including health and social care in the same plan, especially if short breaks are provided from different agencies;
  • State the child's health, emotional and behavioural development including full details about any disabilities and clinical needs the child may have and medications they may require;
  • State the child's specific communication needs, especially for children who communicate non-verbally, and include the child's likes and dislikes with particular regard to leisure activities;
  • Include the results of all necessary risk assessments which could include, depending on the child's impairment, moving and handling, invasive procedures, and behaviour;
  • State contact arrangements for emergencies;
  • State commitments of professionals involved;
  • Refer to or summarise any other important documents about the child's development;
  • Confirm those caring for the child have been selected following the advice set out in Government guidance on direct payments (see GOV.UK Apply for direct payments); and
  • Outline arrangements to review the plan.

The plan should include all the information necessary to ensure the safeguarding and welfare of the child in the short break. Much information may already be available from a variety of sources including the parent-held child record. The plan should be made available as necessary in accessible formats.

5.2 Looked After Child Care Plan

This is applicable where short breaks are provided under Section 20 Children Act 1989, or the child is already looked after.

Where, following assessment or review assessment, it is agreed with the family that the child should be Looked After under Section 20 of the 1989 Act, there will be additional requirements about planning and review. In this situation the information compiled for the Child in Need Plan will inform the development of the Care Plan required when a child is looked after under Section 20 in both Situations 1 and 2).

The Care Plan must set out the arrangements to meet the child's needs with particular regard to:

  • The child's health and emotional and behavioural development, any disability, medical needs and medications;
  • The child's specific communication needs;
  • Promoting contact with parents/anyone with Parental Responsibility;
  • Arrangements for contacting parents as necessary, in particular an emergency contact number;
  • The child's likes and dislikes regarding stimulation and leisure interests;
  • How the carers, as appropriate, promote the child's educational achievement;
  • The name and address of the registered medical practitioner;
  • The type of accommodation, address, name of person responsible;
  • The child's personal history, religious persuasion, cultural and linguistic background and racial origin;
  • The respective responsibilities of the local authority and parents/anyone with Parental Responsibility; any delegation of responsibility from parents to the local authority; the respective roles and responsibilities of the placement provider, social worker, Independent Reviewing Officer (IRO) and other staff employed or commissioned by the local authority to contribute to the plan for the child's care; the respective safeguarding responsibilities of the provider and the local authority;
  • The expected duration of the arrangements and the steps to end them; arrangements for giving notice of intention to terminate the placement along with the local authority's responsibilities for convening a review of the child's Care and Pathway Plan where there is a risk of the placement being terminated;
  • Frequency of visits;
  • Financial arrangements for the placement;
  • When the child is placed with a local authority-approved foster carer, confirmation of the foster carer's agreement;
  • The provider's responsibilities for notifying the child's social worker of any significant change in the child's circumstances.

As far as practicable, the child should be involved in agreeing the Plan.

The parents must be fully involved in all aspects of agreeing the Care Plan.

The plan should be signed by the parents, the local authority, those providing the care/ the provider agency and, where appropriate, the child.

There is also a requirement for a separate Placement Information Record for short breaks.


6. Reviews

6.1 Reviews - All Cases

No significant change to a Child in Need Plan or a Care Plan should be made unless it has first been considered at a review.

In each case, whether children are provided with accommodation under Section 17 or under Section 20, the review should consider whether this continues to be the most appropriate legislative basis for the service provided.

A record should be kept, recording the views of those involved in the review, decisions taken and the identity of the persons responsible for implementing them.

6.2 Short Breaks under Section 17 Children Act 1989 (Situation 1)

A case review for a child who is not looked after should:

  • Ensure the service(s) provided meet the needs identified in the Child in Need Plan and safeguard and promote the welfare of the child;
  • Focus on outcomes for the child and family;
  • Be a multi-agency review whenever possible. Different elements of a child's care package should not require a separate review;
  • Include the ascertainable wishes and feelings of the child and the views of the family;
  • Take place at least every twelve weeks for Unit-held cases and six-monthly for cases held by the Disabled Children’s Team. The needs of the child and family may indicate that a review should take place more frequently, for example if the child's condition is changing quickly, or there are changed family circumstances, or where there is a complex package of services including direct payments.

A review will usually include a face to face meeting but in some cases, regular review meetings may not be necessary. Generally it should be possible to include a review of short breaks with a review of other aspects of a child's health, education or development, where some of the same people will already be together.

Reviews should take the form of a meeting when requested by the family. In all circumstances a face to face meeting should take place at least once a year.

Depending on the level of service for the child and family and the vulnerability of the child, it may be appropriate to include an element in the review which is independent of the service provider and those with Parental Responsibility, for example arranging for an 'independent' chair with a role similar to the role of the IRO in the case of a looked after child.

Consideration should be given to obtaining an Advocate for disabled young people, particularly those moving towards adulthood.

6.3 Short Breaks under Section 20 Children Act 1989 (Situation 2)

Reviews are less frequent than for looked after children in Situation 3:

  • The first review must take place within 3 months of the start of the first placement;
  • Second and subsequent reviews must take place at intervals of not more than 6 months;
  • Reviews may be convened earlier, e.g. at the request of the child, parents or carer; or in cases where the child is particularly vulnerable; or where the child is provided with a high level of short breaks.

6.4 Short Breaks under Section 20 Children Act 1989 (Situation 3)

The 2010 Regulations in relation to Looked After Reviews apply in full, and reviews will take place as follows:

  • The first review must take place within 20 working days of the first placement;
  • The second review must take place not more than 3 months after the first;
  • Subsequent reviews must take place at intervals of not more than 6 months.

For further details, see the Looked After Reviews Procedure.


7. Social Work Visits

Visits should usually be undertaken by a qualified social worker (Child in Need or Looked After) and always by a person with the skills and experience to communicate effectively with the child and fulfil the functions of the visit.

Situation 1

If a child/young person is open to Early Help, visits will be undertaken at least annually.

For Children in Need, the frequency of visits will be determined by the complexity of the case and to which service they are allocated. The Disabled Children’s Team social workers will visit at least twelve-weekly, whilst the Disabled Children’s Units will visit at least every six-weeks.

Situation 2

Visits should take place at least six weekly. Any reduction in frequency must be agreed with the Independent Reviewing Officer and parents/person(s) with Parental Responsibility and recorded in the Care Plan.

In any event:

  • The first visit must take place within 6 weeks of the first placement day;
  • Subsequent visits must take place at intervals of no more than 6 weeks for as long as the short breaks continue.

Situation 3

Visits must take place:

  • Within one week of the start of the placement;
  • Thereafter, at intervals of no more than six weeks.


8. Short Break Settings

Following the assessment of the child and family, short breaks can be arranged either in residential care at Woodland Lodge, or in foster care though the Link Fostering scheme.


9. Providing Care in the Child's Own Home

If a child has been assessed as requiring overnight short breaks, these would normally be provided through the existing residential or foster placement provision if these are assessed as being able to meet the need. The local authority would therefore not normally provide direct payments for overnight support at home, though this would be addressed case by case and the Social Worker must check with their Service Manager before discussing such provision with parents.

The key to providing safe care to children in their own homes is the same as to the provision of safe care elsewhere. It is essential that safe recruitment practices are followed and staff are properly trained and supervised and that the requirements of the Disclosure and Barring Service are complied with where they apply to Regulated Activity. (See DBS referrals guide: summary of regulated activity with children).

If the local authority does provide a sitter or overnight carer in the child's own home, the child is not being provided with accommodation by the local authority and so that short break service comes under Section 17, Children Act 1989.

However, caring for or supervising children unsupervised, or providing Personal Care to them, will come within the definition of Regulated Activity under the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act 2012, and the requirements of the Disclosure and Barring Service in relation to Regulated Activities will apply.


10. Providing Care in the Carer's Own Home or in the Community

It is essential that individuals providing care in their own homes are subject to full employment and personal checks, as well as safe recruitment methods, and that they are provided with induction and training. However, best practice is that the child should be cared for by an approved local authority foster carer. Childminders with whom the local authority wishes to place children overnight (or who wish to take on such work) should be asked to apply for approval as local authority foster carers. It is not appropriate for the local authority to provide overnight accommodation with childminders who are not also approved foster carers.

There are no requirements for agencies to register with Ofsted or the Care Quality Commission if they provide services to support disabled children in the community or in their own homes, unless they provide Personal Care. If Personal Care is provided, services must register with the Care Quality Commission and comply with the relevant standards, and the activities will be Regulated Activity.

End