One of the results of devolution is that in a number of areas of the law England and Wales are developing different approaches – these are sometimes very different.
The law dealing with social care is no exception and both England and Wales have seen changes in this area in the recent past. The changes in Wales in particular are significant and social services teams are still getting to grips with implementing them.
We have therefore developed two guides on social care, one for England and one for Wales which explain the different systems.
We would particularly recommend them to anyone moving between the two countries.
This guide has been prepared for parents of disabled children in Wales who want to know how to get help for their child’s social care needs. It deals with the responsibilities of local authorities to provide social care for disabled children, as well as support for the parents/carers of those children.
Social Care in Wales: A Guide for Parents Pdf
Gofal Cymdeithasol yng Nghymru Pdf
First published 2017. This edition 2017. Review date 2020.
This guide has been prepared for parents of disabled children in England who want to know how to get help for their child’s social care needs. It principally deals with the responsibilities of the local authorities to provide social care for disabled children, as well as support for the parents/carers of those children.
Download Social Care in England: A Guide for Parents PDF
First published 2012. This edition 2015. Review date 2018.
This guide has been prepared for parents of disabled children and young people to provide an overview of the law and policy relevant to decision-making in health and social care, including the duty of confidentiality and sharing information. This is an important area because parents are likely to find that their role in decision-making about their child’s care and support changes as they get older. Health and social care professionals will start to encourage disabled children and young people to take an active part in planning and reviewing their own care and support.
Parents who have been closely involved in their child’s health and social care, might find this change of approach difficult, especially if the reasons for their reduced involvement are not explained to them. Accordingly, this guide covers the main areas relating to decision-making through a series of questions and answers. You can download the guide and a useful flowchart (‘Who Makes Decisions About My Child’s Care?’), below.
Download Decision Making, Confidentiality and Sharing Information Guide for Parents
Download Flowchart: Who Makes Decisions About My Child's Care?
Published 2013. This edition 2016. Review date 2019.
Our new on-line request form makes it easier for families to ask for help under our Legal Entitlements Research Project and to understand how the project can help them.
Cerebra’s Legal Entitlements Research Project is open to parents and carers of children aged 16 or under who have a neurological condition and who need help to resolve a legal problem regarding access to health, social care or (to a more limited extent) education support services.
Law students at Cardiff University (under the supervision of qualified staff, firms of solicitors and other disability organisations) can offer legal support to families by providing a written opinion which explains the relevant law and a draft letter which parents can send to the relevant local authority or health body.
As well as providing practical assistance to families, the legal advice scheme also forms part of a wider research programme, under the direction of Professor Luke Clements as our Academic Chair.
The aim of the research programme is to understand why public bodies sometimes fail to discharge their legal duties and identify effective ways of overcoming these problems, so that we can better equip families to resolve problems with the statutory agencies, and enable statutory agencies to improve their decision-making processes and reduce the likelihood of similar problems arising in future.
We have recently developed a new on-line request form for parents who would like to be considered for support from the Project. We hope that the new form will help parents to frame their request and enable us to capture all the relevant information at an early stage. Please let us know if you have any comments or queries about using the online form.
We have also published Project Guidelines which explain how the scheme works in more detail and describe the type of legal problems we may be able to help with.
If you have a legal question about your child’s access to health, social care or education services, please have a look at the Project Guidelines for further details and complete the online request form available on our website.