Children with a Disability Service eligibility criteria

This information sets out which children and young people will benefit from the services of the Kirklees Children with a Disability Service, and the principles of support to Children with a Disability and their families.

The Kirklees Children with a Disability Service (CwD) is a statutory Social Care service, which provides specialist, disability related, services to children and young people aged 0-18 with the most complex needs.

Services may be provided to children and young people who:

are resident in the Kirklees area
are between the ages of 0 and up to their 18th birthday
have a diagnosed physical or mental impairment which is likely to have a substantial and long-term adverse effect on his or her ability to carry out normal day to day activities
children with a significant sensory impairment, a learning disability, or are on the autistic spectrum continuum (ASC) which impacts on day to day functioning and learning.
children with complex health needs and those with palliative, life limiting or life-threatening conditions

The council defines substantial and long term as follows:

Substantial means that the disabled child or young person will require significant levels of support from another person to carry out their basic day to day functions such as eating, dressing, washing, participating in activities in or out of the home, and night-time care. It is expected that they will continue to require this level of support as an adult.
Long-term means that the disability is expected to continue throughout childhood and beyond.

The service would not support children and young people who have had acute medical problems, illnesses, or operations which can be disabling but from which they will recover.

The Children with a Disability Service want to make sure families receive support from appropriate services to meet their needs and so will offer advice, guidance, support and signposting to children and young people if required. for example if you have:

mental health conditions, with no primary need
social, emotional and behavioural problems not associated with a disability
a diagnosis of ADHD or ADD unless in conjunction with a substantial and permanent learning, physical or communications disability.

This information is for children and families who are supporting a child, children or young person with additional needs which may also include a learning or physical disability to help them understand the range of support they can access.

The principal legislation for care support services to disabled children, young people and their families is the Children Act 1989. Kirklees also have regard to the provisions of the Children and Families Act 2014 as they relate to children with disabilities and Education Health and Care Plan, and to the Care Act 2014, which requires assessments to be carried out in respect of children who may have needs for support when they reach the age of 18 years.

Section 17 of the 1989 Act places a general duty on all local authorities to ‘safeguard and promote the welfare of children within their area who are in need’. A ‘child in need’ may be regarded as a child who needs additional support to reach their full potential.

The definition of children in need at section 17(10) includes children who are disabled within the meaning of the 1989 Act. Section 17(11) states: ‘…. A child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity’

In relation to the provision of short breaks, Kirklees have applied the statutory guidance on the promotion of the welfare of disabled children using short breaks, published in 2010, and the Care Planning, Placement and Case Review Regulations 2010.

In addition, Kirklees have considered the Equality Act 2010, Disability Discrimination Act 1995 s.49A and the Convention on the Rights of Persons with Disabilities.

It is important that all those working with Children and families work to a common set of principles that underpin good practice.

“Children” within this information refers to all 0- to 18-year-olds.

Our pledge is all about:

Honesty and Integrity
- We will be honest, transparent, and clear in our leadership, recognising that our decisions have a real and lasting impact on children. We will be open about challenge, learn from mistakes and hold ourselves accountable for the impact of our actions.

Visible and Engaged Leadership
- We will be visible, present and accessible leaders. We will spend time where practice happens, listening to the lived experiences of children, families and staff. We will use this understanding to guide improvement, support practice and maintain a sharp focus on safeguarding and outcomes.

Restorative Leadership
- We will lead restoratively, placing relationships at the heart of practice – with children, families, practitioners and partners. We will approach difficulty with curiosity, reflection and compassion, focussing on learning and repair rather than blame. This will create psychologically safe environments where good practice can flourish.

Trust and Empowerment
- Above all, we will make sure that children’s voices, experiences and safety remain central to everything we do. We will work collectively to improve outcomes for children and champion high-quality practice. This will uphold our shared responsibility to protect and support our most vulnerable children and communities, both in and out of their homes.

Previous Parents Guide to the SEND Code of Practice (1)

en-GB

Last updated: 11/01/2022

Useful links

Children with a disability

CWD