LEARNING AIM C: INVESTIGATE CURRENT PRACTICE WITH RESPECT TO PROVISION FOR
INDIVIDUALS WITH ADDITIONAL NEEDS
P5: Explain the impact of statutory provision on the support provided for one child and one adult with
different additional needs.
M4 Analyse how statutory provision has impacted on current practice in caring for one child and one
: adult with different additional needs.
D3: Evaluate the impact of providing support for two individuals diagnosed with different additional
needs in improving their wellbeing and life chances.
In this assignment I will be investigating current practice with respect to provision for individuals with
additional needs. I will be explaining the impact of statutory provision on the support provided for one
child and one adult with different additional needs. I will also be analysing how statutory provision has
impacted on current practice in caring for one child and one adult with different additional needs. I will
be finally evaluating the impact of providing support for two individuals diagnosed with different
additional needs in improving their wellbeing and life chances.
P5: Explain the impact of statutory provision on the support provided for one child and one
adult with different additional needs.
I am firstly going to explain the impact of statutory provision on the financial support for Ben and
Rebecca. In particular, I will be focusing on transport support, including the Blue Badge scheme, Shop
mobility and accessible buses and taxis which will be for Rebecca and support for carers including
Carer’s Allowance for Ben.
BEN:
I will be explaining the impact of statutory provision on the financial support provided for someone like
Ben. In particular I am going to concentrate on the financial support provided for carers including Carer’s
Allowance. Health and social care workers caring for adults with additional needs must be aware of and
follow current legislation, codes of practice and policies. These require that the person with additional
needs should be properly supported; and further require that the individual is not discriminated against
in employment, in an educational setting, or when supported at home. These codes of practice and
policies are based on guidance and recommendations set out in the Human Rights Act 1998, the Equality
Act 2010, and the Northern Ireland Act 1998, Part VII. (Pearsonschoolsandfecolleges.co.uk. 2020) Over
the past few years, the government and many organisations have introduced a number of initiatives and
strategies that have aimed to improve the lives of people with learning disabilities through improved
support, services and advocacy. The white paper ‘Valuing People’ and its successor ‘Valuing People Now’
are two such examples of this. Since the Human Rights Act 1998 became law, the rights of children and
vulnerable adults in particular have also been bolstered by the added legal effect of the Act. For
instance, human rights are at the very core of Person Centred Planning, which aims to give people with
learning disabilities the right to be treated and live life with the same rights, choices and opportunities
as everybody else. For people with learning disabilities, this means that they are legally protected from
,both mental and physical abuse, protected from living in poor conditions in institutions, with the right to
be protected from any form of neglect, such as not being dressed, fed or receive appropriate care and
treatment. The Human Rights Act 1998 also means that public authorities can be prosecuted should
they fail to protect people with learning disabilities from abuse or neglect. Along with certain legislation
such as the Disability Discrimination Act, this right helps to ensure that people with learning disabilities
are not discriminated against because of their disability, in all aspects of life, including healthcare, job
opportunities, the right to independent living, the right to services and support in the community.
(Aboutlearningdisabilities.co.uk, 2020) Since Ben lives in a residential setting, there should be polices
and codes of practice in place to protect him due to his vulnerability. The residential setting should
follow a person centred approach and is underpinned, by CQC policies and procedures on culture, values
and an ethos that puts the service user (Ben) at the centre of the service. Amongst the problems of
supporting those with learning disabilities is the need to manage risk factors; the most prominent of
these are preventing abuse and the need to control support; there is also a strong emphasis on
normalising living. Adults with a learning disability such as Down syndrome like Ben has who may display
behaviour that challenges, including those with a mental health condition have the right to the same
opportunities as anyone else to live satisfying and valued lives and, to be treated with the same dignity
and respect. They should have a home within their community, be able to develop and maintain
relationships and get the support they need to live a healthy, safe and fulfilling life.
The care and support statutory guidance covers the definition of wellbeing, promoting wellbeing and
wellbeing throughout the Care Act. The core purpose of adult care and support is to help people like Ben
to achieve the outcomes that matter to them in their life. Throughout the guidance document, the
different chapters set out how a local authority should go about performing its care and support
responsibilities. Underpinning all of these individual ‘care and support functions’ (that is, any process,
activity or broader responsibility that the local authority performs) is the need to ensure that doing so
focuses on the needs and goals of the person concerned. Local authorities must promote wellbeing
when carrying out any of their care and support functions in respect of a person. This may sometimes be
referred to as ‘the wellbeing principle’ because it is a guiding principle that puts wellbeing at the heart
of care and support. The wellbeing principle applies in all cases where a local authority is carrying out a
care and support function, or making a decision, in relation to a person. For this reason it is referred to
throughout this guidance. It applies equally to adults with care and support needs and their carers.
(GOV.UK, 2020) The Care Act 2014 covers the requirements for support for people over 18 years old
who need additional support. The Act requires local councils to provide care services for people with
additional needs, to prevent problems before they arise. Local councils are responsible for giving the
right advice and guidance to individuals and their families. Information includes the correct support for
their needs, information about voluntary support groups and other health organisations or charities. The
local authority must ensure that the individual and their carers understand the law and receive the care
they are entitled to. If an individual’s additional needs are not met, they have the right to ask the courts
to decide whether the local authority abided by the Care Act or not. The care and support provided for
covers a wide range of individual needs, such as assistance with: getting out of or into bed, washing
(body), eating or cooking or socialising with family and friends. It also covers the needs of the carer, to
ensure they are looked after as much as possible. It enables individuals requiring additional care to ask a
,friend, a family member or someone else of their choice to provide that care, rather than someone
provided by the local authority. The government pays towards the service, which is means-tested to see
how much funding a person is entitled to. (Pearsonschoolsandfecolleges.co.uk. 2020)
The National Service Framework for Mental Health sets out the national quality standards for mental
health services, making services easier to access and creating a provision that can prevent crises for
individuals with mental health problems. These quality standards help the service user and their carers
by: involving them in the planning and receiving of care, delivering quality care and treatment, being
non-discriminatory, being accessible to people who need it, promoting independence and being
accountable. It also supports children under the age of 18 who have a mental disorder, or who are living
with someone who is mentally ill. The Mental Health Act 2007 is legislation in England and Wales that
sets out the processes for admitting people with mental health disorders to hospital, detaining them and
treating them without their consent. It also states the safeguarding requirements to follow if a person is
seen as a threat to themselves or to others. The term sectioning may be used when people are admitted
and treated compulsorily; this refers to the various sections of the Act that apply to the circumstances of
their admission. The Act recognises civil partners and long-term unmarried partners in its list of nearest
relatives. The nearest relative has certain rights, including that they must be informed about decisions to
detain their relative for treatment, unless it is not practicable to do so or it would result in an
unreasonable delay to treatment. They can also apply to have their relative admitted to hospital
compulsorily for assessment and treatment, although this power is rarely used. They can also ask for
their relative to be discharged, unless a judge or magistrate has ordered the detention. If an individual
with a mental health problem thinks the person legally named as their nearest relative is unsuitable to
make decisions about their care, they can apply to the County Court to change the named person. If an
individual with a mental health disorder needs an advocate, the Act requires the local authority to
ensure that an independent mental health advocate is provided. If an individual with a mental health
disorder is under 18 years of age, the hospital is required to provide appropriate accommodation that is
suitable for someone of their age. The Mental Capacity Act 2005 is legislation applying to carers or
families looking after individuals with profound and multiple learning disabilities who do not have the
mental capacity to look after themselves in a safe way or make decisions about their own welfare. The
Act requires that a person who lacks mental capacity has legal representation by act of attorney to
involve their families and carers in making decisions about personal welfare, property and affairs in the
best interest for the person lacking mental capacity. For adults like Ben who have Down syndrome, the
mental capacity of a person can vary significantly; however, legally we must always start with the
presumption that a person has the capacity to make their own decisions; unless it can be shown that
they lack the ability to do so. Ben may not have the capacity to make decisions himself because he has a
learning age of 8. Down syndrome varies with everyone so everyone should be assessed individually.
(Pearsonschoolsandfecolleges.co.uk. 2020)
A personal health budget is an agreed amount of money to be used for an individual’s identified health
and wellbeing needs. The local NHS teams work with an individual needing a support plan and agree the
budget with the individual. The NHS introduced personal health budgets to help people needing care to
manage it in the way that they want. The main aim is to allow individuals with long-term health
, conditions or disabilities to be in control of and have choice about their health car and support. A care
plan is organised with the NHS team that sets the outcomes the person wants to achieve, and a budget
is applied to this. The individual can allocate money to the care they want; for example, they could use it
for therapies, equipment and assistive technology, and personal care. A direct payment is when Ben
would receive his personal budget directly. (Pearsonschoolsandfecolleges.co.uk. 2020) Direct payments
can give him more control over the support he receives. He can be supported on how the money is
spent, as long as the local authority agrees that it is meeting his assessed needs. For example, individuals
like Ben who do not live in a residential setting could use direct payments to pay for a personal assistant
to help out in their home and to go to places they may want to go to. Direct payments can mean more
responsibility, as they will have to manage the direct payments. However, they do not have to do this
alone. Some local authorities offer an in-house service to help them manage direct payments, including
a payroll service for personal assistants. Support brokers, some support providers and certain local
voluntary organisations can also support them to manage a direct payment. If they prefer not to have a
direct payment, their local authority can look after their personal budget and organise it for them. This is
typically called a managed budget. (Potter, K., 2020) Ben may be incapable to handle his own payments
due to the severity of his Down syndrome; therefore he would have a managed budget. However,
individuals with similar needs as Ben may not have Down syndrome which is as severe and therefore
may be able to handle their own money hence would receive direct payments.
The Charity Commission is the regulatory body that covers the legal requirements for all charities. All
documents relating to running particular charities and their statutory regulations can be found on the
UK government website. Under the law, charities working with people and children who need care and
support have a duty of care to make sure their service users are safe and protected from harm. To do
this, charities have to carry out enhanced criminal record checks before staff start to work with
vulnerable people. The charities must also have a safeguarding policy in place to make staff and users
aware of abuse, what it is and how to spot and report it, and how to respond to abuse rapidly and with
confidentiality. The government acknowledges that support should be person-centred and that people
should be able to choose their support, and that an integrated system of support can work for some
people. In the integrated support system, charities are involved in providing a seamless service between
other agencies providing care and support for a person. Charities can offer a cost effective way of
providing care. Although they receive commissions from the NHS, they can also self-finance through
donations. The NHS is responsible for the quality of service provided and charities work closely with
them to ensure that all care guidelines are met. Charities are accountable for the services they provide.
They must also agree to co-operate with other services involved in an individual’s care by ensuring that
all data relating to a person’s risk factors, identified needs, care plans and status are shared in the best
interest of that person. Health and wellbeing boards were established by the Health and Social Care Act
2012. They provide a network for key health and care personnel to work together to improve the health
and wellbeing, and reduce the health inequalities, of a local population. Charities form part of this
network. (Pearsonschoolsandfecolleges.co.uk. 2020) A registered charity that would work with Ben for
his Down syndrome would be the Down Syndrome Association. Individuals who have similar needs as
Ben can also receive support from the charity. They can offer him information, support and advice on
any question or concern he has related to Down’s syndrome. They have specialist advisers who can
INDIVIDUALS WITH ADDITIONAL NEEDS
P5: Explain the impact of statutory provision on the support provided for one child and one adult with
different additional needs.
M4 Analyse how statutory provision has impacted on current practice in caring for one child and one
: adult with different additional needs.
D3: Evaluate the impact of providing support for two individuals diagnosed with different additional
needs in improving their wellbeing and life chances.
In this assignment I will be investigating current practice with respect to provision for individuals with
additional needs. I will be explaining the impact of statutory provision on the support provided for one
child and one adult with different additional needs. I will also be analysing how statutory provision has
impacted on current practice in caring for one child and one adult with different additional needs. I will
be finally evaluating the impact of providing support for two individuals diagnosed with different
additional needs in improving their wellbeing and life chances.
P5: Explain the impact of statutory provision on the support provided for one child and one
adult with different additional needs.
I am firstly going to explain the impact of statutory provision on the financial support for Ben and
Rebecca. In particular, I will be focusing on transport support, including the Blue Badge scheme, Shop
mobility and accessible buses and taxis which will be for Rebecca and support for carers including
Carer’s Allowance for Ben.
BEN:
I will be explaining the impact of statutory provision on the financial support provided for someone like
Ben. In particular I am going to concentrate on the financial support provided for carers including Carer’s
Allowance. Health and social care workers caring for adults with additional needs must be aware of and
follow current legislation, codes of practice and policies. These require that the person with additional
needs should be properly supported; and further require that the individual is not discriminated against
in employment, in an educational setting, or when supported at home. These codes of practice and
policies are based on guidance and recommendations set out in the Human Rights Act 1998, the Equality
Act 2010, and the Northern Ireland Act 1998, Part VII. (Pearsonschoolsandfecolleges.co.uk. 2020) Over
the past few years, the government and many organisations have introduced a number of initiatives and
strategies that have aimed to improve the lives of people with learning disabilities through improved
support, services and advocacy. The white paper ‘Valuing People’ and its successor ‘Valuing People Now’
are two such examples of this. Since the Human Rights Act 1998 became law, the rights of children and
vulnerable adults in particular have also been bolstered by the added legal effect of the Act. For
instance, human rights are at the very core of Person Centred Planning, which aims to give people with
learning disabilities the right to be treated and live life with the same rights, choices and opportunities
as everybody else. For people with learning disabilities, this means that they are legally protected from
,both mental and physical abuse, protected from living in poor conditions in institutions, with the right to
be protected from any form of neglect, such as not being dressed, fed or receive appropriate care and
treatment. The Human Rights Act 1998 also means that public authorities can be prosecuted should
they fail to protect people with learning disabilities from abuse or neglect. Along with certain legislation
such as the Disability Discrimination Act, this right helps to ensure that people with learning disabilities
are not discriminated against because of their disability, in all aspects of life, including healthcare, job
opportunities, the right to independent living, the right to services and support in the community.
(Aboutlearningdisabilities.co.uk, 2020) Since Ben lives in a residential setting, there should be polices
and codes of practice in place to protect him due to his vulnerability. The residential setting should
follow a person centred approach and is underpinned, by CQC policies and procedures on culture, values
and an ethos that puts the service user (Ben) at the centre of the service. Amongst the problems of
supporting those with learning disabilities is the need to manage risk factors; the most prominent of
these are preventing abuse and the need to control support; there is also a strong emphasis on
normalising living. Adults with a learning disability such as Down syndrome like Ben has who may display
behaviour that challenges, including those with a mental health condition have the right to the same
opportunities as anyone else to live satisfying and valued lives and, to be treated with the same dignity
and respect. They should have a home within their community, be able to develop and maintain
relationships and get the support they need to live a healthy, safe and fulfilling life.
The care and support statutory guidance covers the definition of wellbeing, promoting wellbeing and
wellbeing throughout the Care Act. The core purpose of adult care and support is to help people like Ben
to achieve the outcomes that matter to them in their life. Throughout the guidance document, the
different chapters set out how a local authority should go about performing its care and support
responsibilities. Underpinning all of these individual ‘care and support functions’ (that is, any process,
activity or broader responsibility that the local authority performs) is the need to ensure that doing so
focuses on the needs and goals of the person concerned. Local authorities must promote wellbeing
when carrying out any of their care and support functions in respect of a person. This may sometimes be
referred to as ‘the wellbeing principle’ because it is a guiding principle that puts wellbeing at the heart
of care and support. The wellbeing principle applies in all cases where a local authority is carrying out a
care and support function, or making a decision, in relation to a person. For this reason it is referred to
throughout this guidance. It applies equally to adults with care and support needs and their carers.
(GOV.UK, 2020) The Care Act 2014 covers the requirements for support for people over 18 years old
who need additional support. The Act requires local councils to provide care services for people with
additional needs, to prevent problems before they arise. Local councils are responsible for giving the
right advice and guidance to individuals and their families. Information includes the correct support for
their needs, information about voluntary support groups and other health organisations or charities. The
local authority must ensure that the individual and their carers understand the law and receive the care
they are entitled to. If an individual’s additional needs are not met, they have the right to ask the courts
to decide whether the local authority abided by the Care Act or not. The care and support provided for
covers a wide range of individual needs, such as assistance with: getting out of or into bed, washing
(body), eating or cooking or socialising with family and friends. It also covers the needs of the carer, to
ensure they are looked after as much as possible. It enables individuals requiring additional care to ask a
,friend, a family member or someone else of their choice to provide that care, rather than someone
provided by the local authority. The government pays towards the service, which is means-tested to see
how much funding a person is entitled to. (Pearsonschoolsandfecolleges.co.uk. 2020)
The National Service Framework for Mental Health sets out the national quality standards for mental
health services, making services easier to access and creating a provision that can prevent crises for
individuals with mental health problems. These quality standards help the service user and their carers
by: involving them in the planning and receiving of care, delivering quality care and treatment, being
non-discriminatory, being accessible to people who need it, promoting independence and being
accountable. It also supports children under the age of 18 who have a mental disorder, or who are living
with someone who is mentally ill. The Mental Health Act 2007 is legislation in England and Wales that
sets out the processes for admitting people with mental health disorders to hospital, detaining them and
treating them without their consent. It also states the safeguarding requirements to follow if a person is
seen as a threat to themselves or to others. The term sectioning may be used when people are admitted
and treated compulsorily; this refers to the various sections of the Act that apply to the circumstances of
their admission. The Act recognises civil partners and long-term unmarried partners in its list of nearest
relatives. The nearest relative has certain rights, including that they must be informed about decisions to
detain their relative for treatment, unless it is not practicable to do so or it would result in an
unreasonable delay to treatment. They can also apply to have their relative admitted to hospital
compulsorily for assessment and treatment, although this power is rarely used. They can also ask for
their relative to be discharged, unless a judge or magistrate has ordered the detention. If an individual
with a mental health problem thinks the person legally named as their nearest relative is unsuitable to
make decisions about their care, they can apply to the County Court to change the named person. If an
individual with a mental health disorder needs an advocate, the Act requires the local authority to
ensure that an independent mental health advocate is provided. If an individual with a mental health
disorder is under 18 years of age, the hospital is required to provide appropriate accommodation that is
suitable for someone of their age. The Mental Capacity Act 2005 is legislation applying to carers or
families looking after individuals with profound and multiple learning disabilities who do not have the
mental capacity to look after themselves in a safe way or make decisions about their own welfare. The
Act requires that a person who lacks mental capacity has legal representation by act of attorney to
involve their families and carers in making decisions about personal welfare, property and affairs in the
best interest for the person lacking mental capacity. For adults like Ben who have Down syndrome, the
mental capacity of a person can vary significantly; however, legally we must always start with the
presumption that a person has the capacity to make their own decisions; unless it can be shown that
they lack the ability to do so. Ben may not have the capacity to make decisions himself because he has a
learning age of 8. Down syndrome varies with everyone so everyone should be assessed individually.
(Pearsonschoolsandfecolleges.co.uk. 2020)
A personal health budget is an agreed amount of money to be used for an individual’s identified health
and wellbeing needs. The local NHS teams work with an individual needing a support plan and agree the
budget with the individual. The NHS introduced personal health budgets to help people needing care to
manage it in the way that they want. The main aim is to allow individuals with long-term health
, conditions or disabilities to be in control of and have choice about their health car and support. A care
plan is organised with the NHS team that sets the outcomes the person wants to achieve, and a budget
is applied to this. The individual can allocate money to the care they want; for example, they could use it
for therapies, equipment and assistive technology, and personal care. A direct payment is when Ben
would receive his personal budget directly. (Pearsonschoolsandfecolleges.co.uk. 2020) Direct payments
can give him more control over the support he receives. He can be supported on how the money is
spent, as long as the local authority agrees that it is meeting his assessed needs. For example, individuals
like Ben who do not live in a residential setting could use direct payments to pay for a personal assistant
to help out in their home and to go to places they may want to go to. Direct payments can mean more
responsibility, as they will have to manage the direct payments. However, they do not have to do this
alone. Some local authorities offer an in-house service to help them manage direct payments, including
a payroll service for personal assistants. Support brokers, some support providers and certain local
voluntary organisations can also support them to manage a direct payment. If they prefer not to have a
direct payment, their local authority can look after their personal budget and organise it for them. This is
typically called a managed budget. (Potter, K., 2020) Ben may be incapable to handle his own payments
due to the severity of his Down syndrome; therefore he would have a managed budget. However,
individuals with similar needs as Ben may not have Down syndrome which is as severe and therefore
may be able to handle their own money hence would receive direct payments.
The Charity Commission is the regulatory body that covers the legal requirements for all charities. All
documents relating to running particular charities and their statutory regulations can be found on the
UK government website. Under the law, charities working with people and children who need care and
support have a duty of care to make sure their service users are safe and protected from harm. To do
this, charities have to carry out enhanced criminal record checks before staff start to work with
vulnerable people. The charities must also have a safeguarding policy in place to make staff and users
aware of abuse, what it is and how to spot and report it, and how to respond to abuse rapidly and with
confidentiality. The government acknowledges that support should be person-centred and that people
should be able to choose their support, and that an integrated system of support can work for some
people. In the integrated support system, charities are involved in providing a seamless service between
other agencies providing care and support for a person. Charities can offer a cost effective way of
providing care. Although they receive commissions from the NHS, they can also self-finance through
donations. The NHS is responsible for the quality of service provided and charities work closely with
them to ensure that all care guidelines are met. Charities are accountable for the services they provide.
They must also agree to co-operate with other services involved in an individual’s care by ensuring that
all data relating to a person’s risk factors, identified needs, care plans and status are shared in the best
interest of that person. Health and wellbeing boards were established by the Health and Social Care Act
2012. They provide a network for key health and care personnel to work together to improve the health
and wellbeing, and reduce the health inequalities, of a local population. Charities form part of this
network. (Pearsonschoolsandfecolleges.co.uk. 2020) A registered charity that would work with Ben for
his Down syndrome would be the Down Syndrome Association. Individuals who have similar needs as
Ben can also receive support from the charity. They can offer him information, support and advice on
any question or concern he has related to Down’s syndrome. They have specialist advisers who can
