A Transition Guide for All Services - Transition Information Network

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APPENDIX 2Legislation, guidance andgovernment reportsThe following listing covers the main legislation, guidance and policy fromGovernment which has an impact on the transition to adulthood fordisabled young people. Appendix 3 covers the assessment processes whichstem from much of this legislation separately.At the time of writing, a number of new bills, reviews and consultations werein place which may have a significant impact on the transition process fordisabled young people. For up to date information on consultations andproposed legislation see www.dcsf.gov.uk/consultations andwww.dwp.gov.uk. The Transition Information Network website also hasdetails. Details on further guidance and effective practice from government isavailable from www.transitioninfonetwork.org.uk.Appendix 2Appendix 2: Legislation, guidance and reportsInternationalUN Convention on the Rights of the Child 1989 (UNCRC)The UNCRC is an international treaty which was ratified in the UK in 1991.Articles 12 and 13 of the Convention enshrine the right of all children toexpress their views and for these to be taken into account in decisions thataffect them. Further to this, Article 23 focuses specifically on disabledchildren and young people, recognising their right to dignity, independenceand participation within their community.www.unicef.org.uk/youthvoice/pdfs/uncrc.pdfwww.everychildmatters.gov.uk/uncrcUnited Nations Convention on the Rights of Persons withDisabilities, 2006Adopted by the UN General Assembly, December 2006, UN signatureceremony 30 March 2007. Then individual countries will ratify.Embodies the rights of disabled people to equal participation in public,political (Article 29), cultural life (Article 30) and within their community(Article 19). The convention also states that disabled children and youngpeople should have access to the same rights and freedoms as all children,with particular reference to ensuring they have the right to express theirviews on all issues which affect them and to be provided with theappropriate support to enable them to do so (Article 7). This is supported byArticle 21 which states that to enable disabled people to exercise their rightto freedom of expression, states parties should take steps to ensure thatthey are able to receive and impart information using a range of formats,86
including assistive and augmentative communication, and that informationprovided to the general public should be made available to disabled peoplein a range of accessible formats.www.un.org/esa/socdev/enable/index.htmlEnglandAt the time of writing, HM Treasury are in the process of reporting on areview of children’s services. One aspect of this review focused specificallyon services for disabled children, young people and their families. In May anannouncement was made on the disabled children’s aspect of the review.Details of this are in the report Aiming High for Disabled Children, bettersupport for families, www.hm-treasury.gov.uk. The transition to adulthoodfeatures in the review and the report contains a series of proposed areas forgovernment and local authorities to look at in improving support to disabledyoung people. This includes:• provision of information for young people and families• reviewing person-centred approaches• using advocacy or key workers for support• promoting multi agency working.The review attaches £19 million to support this work. The Department forChildren, Schools and Families (DCSF) will release further detail on how thiswill be taken forward in the coming months.Key legislationThe Children Act 2004Makes various amendments to existing legislation including the ChildrenAct 1989. Sets the legislative foundation for the actions agreed as a resultof Every Child Matters. Includes provision for the establishment of aChildren’s Commissioner and for each children’s service authority in Englandto make arrangements to promote co-operation between the authority, itspartners and other appropriate bodies to improve the well-being of childrenin the authority’s area relating to areas which include physical health,emotional well being and education and training.States that arrangements made may apply to the 19–25 age group who havea learning difficulty and are receiving services under the Learning and SkillsAct.Sets out a mechanism for establishing a database and sharing information,(Integrated Children’s System).Brings in roles of Key worker and lead professional.States that the views and wishes of children and young people should beascertained and given due regard in determining the provision of services tothem.www.everychildmatters.gov.ukAppendix 2: Legislation, guidance and reportsAppendix 287
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All young people have dreams and as
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© Crown copyright 2007This handboo
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ContentsIntroduction 1Chapter 1 The
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AcknowledgementsWritten byHelen Whe
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Why is transition so difficult to g
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Like transition itself, developing
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Developing a local transition pathw
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Transition reviews‘A distinguishi
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Disabled young people with looked a
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The Connexions PA should seek the a
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IntroductionPlanning for the future
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Access to WorkDisabled young people
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Chapter 1: The transition processPe
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services are only part of what peop
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Key legislation, guidance and resou
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?WhoDisabled young people, families
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• Regional Partnerships www.teach
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Chapter 2: Overview of statutory se
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Effective practiceHertfordshire is
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Chapter 2: Overview of statutory se
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Page 48 and 49: and information and data shared as
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Page 52 and 53: Leeds Young Adults TeamSince 1988 t
Page 54 and 55: IntroductionCareers and guidance pr
Page 56 and 57: links into the development of the c
Page 58 and 59: • lack of time or support to comm
Page 60 and 61: Participation of families in the tr
Page 62 and 63: The Trust funds a Contact a Family
Page 64 and 65: Wiltshire’s Transitions Strategy
Page 66 and 67: Workers meet regularly to share lea
Page 68 and 69: ?WhoDisabled young people, families
Page 70 and 71: Education and Inspections Act 2006N
Page 72 and 73: Youth Matters 2005 and Youth Matter
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Page 76 and 77: Care homesRegistered care homes usu
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Page 80 and 81: It also states that local authoriti
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Page 84 and 85: Pathways to success - A good practi
Page 86 and 87: Chapter 3 Participation and further
Page 88 and 89: APPENDIX 1Legislation and guidance
Page 90 and 91: Table 2 Year 9AgencyResponsibilityL
Page 92 and 93: Table 3 Year 10 and 11AgencyRespons
Page 94 and 95: Table 4 Year 12 onwardsAgencyRespon
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Page 100 and 101: Carers and Disabled Children Act 20
Page 102 and 103: Guidance and government reportsEver
Page 104 and 105: Valuing People: A New Strategy for
Page 106 and 107: Promoting Disability Equality in Sc
Page 108 and 109: Table of assessmentsThe key agencie
Page 110 and 111: Appendix 3: AssessmentsChildren’s
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Page 114 and 115: APPENDIX 4Practice examplesAppendix
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Page 122 and 123: APPENDIX 5Post-16 benefits andeduca
Page 124 and 125: APPENDIX 6Quality standard checklis
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Page 128 and 129: A8. Effective transition reviews -
Page 130 and 131: A12. Effective transition reviews (
Page 138 and 139: Connexions, information advice and
Page 140 and 141: C3. Providing direct payments 3 - c
Page 144: C11. Access to transport - assessme
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