Short Breaks

1. What are Short Breaks?

Short breaks are part of a continuum of services which support Children in Need and their families. They include the provision of day, evening, overnight and weekend activities for the child or young person, and can take place in the child's own home, the home of an approved carer, or in a residential or community setting.

Most users of short breaks are disabled children and their families but non-disabled children in need may also receive short breaks. This procedure applies to disabled children and other children in need. The breaks usually have two aims: to enable the child to participate in fun, interesting and safe activities; and to provide a break from caring for the parents.

The pattern of short breaks has changed substantially over recent years with a shift away from longer periods in residential or foster care to shorter periods often in the child's own home or community. Many of these services are now provided through direct payments.

Practitioners and families will be aware of the particular vulnerabilities of disabled children. Disabled children are three to four times more likely than non-disabled children to be abused or neglected. They are more susceptible to bullying and to mental health disorders. Their families are more susceptible to higher levels of stress, lower levels of parental wellbeing and poverty. It is therefore particularly important that good services are available to these families and that the services are provided with appropriate safeguards.

Some children in need, particularly disabled children, receive such a high level of short break provision that their welfare is appropriately safeguarded by being Looked After by local authorities. At the same time many children receive only a small amount of short break provision and this guidance explains how to implement the regulatory requirements in ways which are appropriate and proportionate to the needs of the child and family and their individual package of short breaks.

This procedure:

• Sets out the circumstances in which it would be expected that a child who receives short breaks would or would not be looked after;
• Emphasises the importance of assessment, planning and review to safeguard and promote the welfare of children in need; and
• Emphasises the role of parents and children in determining the shape of their family support service.

2. The Legal Basis for 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. Reviews should be carried out at least every 6 months 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). In these circumstances, the child is looked after, an IRO must be appointed, and a LAC Plan drawn up. 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 (See 'Section 3, Determining the Nature and Status of the Short Break - Assessment of Needs'). 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 (see Section 6, Reviews below) and Social Work Visits (see Section 7, Social Work Visits below).

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 to ask 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 Nature and Status of the Short Break - Assessment of Needs

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 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.

It is more likely that the arrangements come within Section 20 where families have limited resources and may have difficulties providing support to their child while s/he is away from home or monitoring the quality of care.

4. Levels of Assessment

4.1 Child's Assessment

All requests for a Short Breaks provision for disabled children (be that under Section 17 or Section 20) will require a Social Work Assessment (SWA) to be undertaken by a Social Worker within the Children's Social Work Team for Disabled Children (CSWTDC) so as to inform decision making and planning. Where the child or young person does not meet criteria for the CSWTDC but may require a short break provision, then the relevant Social Work Team will undertake the SWA. In most circumstances the assessment will be brief and proportionate to the request being made, utilising assessments and reports from partner agencies, but should be clear with regard to the legal status a short breaks provision is being offered.

In many situations, the child's Assessment maybe a brief assessment where the trigger for assessment is a request for a short break and this is for relatively low levels of short break provision so that it would fall within the Child in Need criteria. (See 'Section 3, Determining the Nature and Status of the Short Break - Assessment of Needs').

Nevertheless, sufficient information will be required to ensure key information about the child is identified; 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 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.

Where the child is to be Accommodated under Section 20, the relevant Accommodation papers and 'Consent ' details should be completed. A Care and Placement Plan should reflect the arrangements required. (See Looked After Child Short Break 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; a more comprehensive Assessment will be required and should include a multi-agency approach.

Care and Placement Plans should be fully completed and recorded and include Consent, Health, Education and Contact Plans.

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 5, Reviews).

Short breaks will only be used to provide respite care for foster carers when it is in the child’s best interests, including improved stability of the child’s placement with the foster carers. Any respite care provided must take full account of the child’s needs.

Children who receive short breaks should continue to make progress in their development and acquire skills and/or new experiences.

4.2 Carer's Assessment

Parent Carer's have a right to have an assessments of their own under the Children and Families Act 2014; Section 97 of the Children & Families Act 2014 requires local authorities to undertake a 'parent carers needs assessment':

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

Where requested, then the local authority must assess whether that parent has needs for support and, if so, what those needs are. The assessment must include an assessment of 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.

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.

There should be effective relationships with parents/carers so that they feel confident leaving their child for their stay and they understand what the placement can offer. Parents should feel involved in the planning of the short break placement and that they are able to raise concerns and complaints. Short break staff should be accessible and keep parents informed about their child’s short break experiences.

Following the SWA, the Social worker should complete the Short Breaks Approval Request Form which should be used for family link, support breaks, shared care and arrangements provided under Section 17 Children Act 1989.

The PALAC should only be used if for requests for accommodation or short breaks under Section.20 Children Act 1989 as described under situation 2 and 3 above.

Also see: Children and Young People Aged 0-25 with Special Educational Needs and Disabilities, Young Carers and Parent Carers of Disabled Children.

Young Carers

5. Plans

5.1 Child in Need Plan

This is applicable where short breaks are provided under Section 17 Children Act 1989.

The Child in Need Plan should be in writing and set out clearly all the services that are to be provided to meet the child's needs. Many families with disabled children receive a range of services to meet their child's needs. Wherever possible any short breaks provision should be incorporated into the child or young person's Education, Health and Care plan (EHC plan) if there is one, otherwise 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 Applying for direct payments);
• Outline arrangements to review the plan.

The plan should include all the information necessary to ensure the welfare of the child in the short break. The plan should be made available as necessary in accessible formats.

5.2 Looked After Child (LAC) Plan

This is applicable where short breaks are provided under Section 20 Children Act 1989.

Where, following 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 (as set out in 4.1 above) will form the basis for the LAC Plan required when a child is looked after under Section 20 and Regulation 48 applies (Situation 2).

In Situation 3, the LAC Plan should be linked to the Care Plan, which should include all the key information about the child. These should not be separate plans which duplicate information.

The LAC 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 Plan 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 LAC 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 not a requirement for a separate Placement Plan for short breaks.

(Where required and appropriate please note 'Ceasing to look after a child', Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review).

6. Reviews

6.1 Reviews - All Cases

No significant change to a Child in Need Plan or a LAC Plan should be made unless it has first been considered at a Team Around the Family (TAF) meeting or LAC review.

In each case, whether children are provided with accommodation under Section 17 or under Section 20, the TAF or LAC 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 TAF or LAC review, decisions taken and the identity of the persons responsible for implementing them.

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

A TAF meeting 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 six monthly. The needs of the child and family may indicate that a review should take place before the statutory minimum, 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 TAF meeting will usually include a face to face meeting but in some cases, regular TAF 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 TAF meeting when requested by the family. In all circumstances a face to face meeting should take place at least every 6 months.

Having an Advocate may be particularly useful for disabled young people moving towards adulthood where transition issues arise and their views need to be sought and acted upon.

6.3 Children in receipt of 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 Children in receipt of 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 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

There is no statutory requirement for visits to placements provided under Section.17 Children Act 1989, however, it is necessary to satisfy yourself that the placement being provided by the Local Authority is meeting the child or young person's needs.

Situation 2

Visits should take place at regular intervals to be agreed with the Independent Reviewing Officer and parents/person(s) with Parental Responsibility and recorded in the LAC Plan before the start of the first placement.

In any event:

• The first visit must take place within 3 months of the first placement day or as soon as practicable thereafter;
• Subsequent visits must take place at intervals of no more than 6 months 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 for the first year.

8. Short Break Settings

Following the assessment of the child and family, short breaks can be arranged in a number of settings which are subject to different registration and inspection requirements.

Looked after children under the age of 16 cannot be placed in 'other arrangements' placements for the purposes of a short break except where the accommodation is provided as part of a residential holiday scheme for disabled children or is one of the other exempted regulated settings under Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010:

• A care home as defined in section 105(1) Children Act 1989;
• A hospital as defined in section 275(1) of the National Health Service Act 2006;
• A residential family centre as defined in section 4(2) of the Care Standards Act;
• A school within the meaning of section 4 of the Education Act 1996 providing accommodation that is not registered as a children's home as defined in section 105(1) Children Act 1989.

(See also Placements in Other Arrangements Procedure).

9. Providing Care in the Child's own Home

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).

Where the local authority provides a sitter or overnight carer in the child's own home, the child is not being provided with accommodation by the local authority and the authority is therefore providing the short break service 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

Where overnight care is required, it is best practice that the child should be cared for by an approved local authority foster carer. It is also not appropriate for the local authority to provide overnight accommodation with child-minders who are not also approved foster carers.

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.

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.

Appendix 1: Providing short break accommodation under the different legal provisions

Appendix 1: Providing short break accommodation under the different legal provisions