The review of an EHC plan which the local authority must make as a minimum every 12 months.
Any decisions made, or anything done for a person who lacks capacity to make specific decisions, must be in the person’s best interests. There are standard minimum steps to follow when working out someone’s best interests. These are set out in chapter 4 of the Mental Capacity Act 2005 Code of Practice and in the checklist in chapter 5.
A written plan after you have had an assessment, setting out what your care and support needs are, how they will be met and what services you will receive. You should have the opportunity to be fully involved in the plan and to say what your own priorities are.
A carer is anybody who looks after a family member, partner or friend who needs help because of their illness, frailty or disability. All the care they give is unpaid.
The commissioning body for the NHS – In Hillingdon this is the Hillingdon CCG.
Connect to Support is a website for residents to access information to help them continue to live independently. It has been developed in response to the implementation of the Care Act 2014 and the site makes it easier for individuals to find a wealth of information and advice relating to all aspects of care and support. The site also enables residents to view and access, through the online marketplace, a wide range of services, activities and support provided by the private and voluntary sector across the borough.
An EHC Plan details the education, health and social care support that is to be provided to a child or young person who has Special Educational Needs or a disability. It is drawn up by the local authority after an EHC needs assessment of the child or young person has determined that an EHC plan is necessary, and after consultation with relevant partner agencies.
An independent body which has jurisdiction under section 333 of the Education Act 1996 for determining appeals by parent/carers against Local Authority decisions on EHC needs assessments and EHC plans. The Tribunal’s decision is binding on both parties to the appeal. The Tribunal also hears claims of disability discrimination under the Equality Act 2010.
An indicative budget gives a rough idea of the level of funding that will be allocated to an individual, in their personal budget, to meet their eligible needs.
Joint commissioning is when two or more agencies work together to commission services for agreed strategic purposes, and usually includes pooling of financial resources.
Local Authorities in England are required to set out in their Local Offer information about provision they expect to be available across education, health and social care for children and young people in their area who have SEN or are disabled, including those who do not have Education, Health and Care (EHC) plans. Local Authorities must consult locally on what provision the Local Offer should contain.
The ability to make a decision about a particular matter at the time the decision needs to be made. The legal definition of a person who lacks capacity is set out in section 2 of the Mental Capacity Act 2005.
NHS Continuing Care is support provided for children and young people under 18 who need a tailored package of care because of their disability, an accident or illness.
NHS Continuing Healthcare is the name given to a package of care that is arranged and funded solely by the NHS for individuals aged 18 and over who are not in hospital but have complex ongoing healthcare needs. It can be provided in any setting, for example in the home or in a residential care home.
Under section 576 of the Education Act 1996, the term ‘parent/carer’ includes any person who is not a parent/carer of the child, but has parent/careral responsibility (see below) or who cares for him or her.
Parent/carer responsibility is defined under Section 3 (1) of the Children Act 1989 as meaning all the duties, rights, powers, responsibilities and authority which parent/carers have with respect to their children and their children’s property. Under Section 2 of the Children Act 1989, parent/carer responsibility falls upon:
Under Section 12 of the Children Act 1989, where a court makes a residence order in favour of any person who is not the parent/carer or guardian of the child, that person has parent/carer responsibility for the child while the residence order remains in force. Under section 33 (3) of the Children Act 1989, while a care order is in force with respect to a child, the social services department designated by the order will have parent/carer responsibility for that child, and will have the power (subject to certain provisions) to determine the extent to which a parent/carer or guardian of the child may meet his or her parent/carer responsibility for the child. The social services department cannot have parent/carer responsibility for a child unless that child is the subject of a care order, except for very limited purposes where an emergency protection order is in force under Section 44 of the Children Act 1989.
A Personal Budget is an amount of money identified by the local authority to deliver provision set out in an EHC plan where the parent/carer or young person is involved in securing that provision. The funds can be held directly by the parent/carer or young person, or may be held and managed on their behalf by the local authority, school, college or other organisation or individual and used to commission the support specified in the EHC plan.
A prepaid card is a council provided card upon which personal budget money is loaded and is a way of helping people to have more control. It will help the Local Authority to pay money to residents who are eligible for social care funding as part of their care provision/personal health budgets or for children’s personal budgets as per the SEND reforms. We refer to personal budget money paid directly to a person to manage and spend on their support as a Direct Payment/Personal Budget.
This is a series of questions that enable us to work out what your Indicative budget will be, based on what support you need.
When you receive a re-assessment of your needs and you and the people in your life look at whether the services you are receiving are meeting your needs and helping you achieve your chosen outcomes. Changes can then be made if necessary.
Short breaks used to be called ‘respite care’. Short breaks come in many forms, from ‘open to all’ inclusive activity in schools to specialist provision providing residential care. Short breaks can take place in the family home, community or with an independent provider.
A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her. A child of compulsory school age or a young person has a learning difficulty or disability if he or she has a significantly greater difficulty in learning than the majority of others of the same age, or has a disability which prevents or hinders him or her from making use of educational facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.
Special educational provision is provision that is different from or additional to that normally available to pupils or students of the same age, which is designed to help children and young people with SEN or disabilities to access the National Curriculum at school or to study at college.
A school which is specifically organised to make special educational provision for pupils with SEN. Special schools maintained by the local authority comprise community special schools and foundation special schools, and non-maintained (independent) special schools that are approved by the Secretary of State under Section 342 of the Education Act 1996.
An individual or organisation appointed to receive and manage a Personal Budget via a Direct Payment on behalf of a service user who lacks capacity to consent to the Direct Payments under the Mental Capacity Act 2005.
In the context of a Personal Budget paid via Direct Payments a Suitable Person can be:
A person over compulsory school age (the end of the academic year in which they turn 16). From this point the right to make decisions about matters covered by the Children and Families Act 2014 applies to the young person directly, rather than to their parent/carers. The right to make decisions is subject to the young person’s capacity to do so as set out in the Mental Capacity Act 2005.
While every care has been taken in the compilation of this information, neither Hillingdon Council or PCG Care Solutions will be held responsible for any loss, damage or inconvenience caused as a result of using the site and any inaccuracies/errors within these pages. Those using the site are advised to refer to the Buyers Guide prior to making a purchase as well as making their own enquiries and seeking independent advice.