Moving into adult services
The information on this page is for families in England only. I live in Northern Ireland, Scotland or Wales.
Disabled people over 18 years old have their needs met by adult care and support. This means that a disabled child receiving support from children's services will be transitioned to adult care and support when they turn 18.
In England, the Care Act was introduced in April 2015 to ensure that there is no gap in services when a young person makes this transition.
It is important to note that the general rights of parents and disabled children under 18 remain the same. This means that parents still have the right to request an assessment of their child's needs and the local authority is still under a duty to arrange support and practical assistance in meeting those recognised needs subject to criteria.
The Coronavirus Act 2020
The Coronavirus Act 2020 is a temporary law the government has said will help it deal with the current public health crisis due to the coronavirus pandemic. It came into force on Wednesday 25 March 2020.
Under the Act, the government has eased the obligations under the Care Act 2014, Chronically Sick and Disabled Persons Act 1970 and 1989 Children Act around young people's transition to adult services.
The obligations described below have been temporarily eased by the Coronavirus Act.
If a child is likely to have needs when they turn 18, the local authority must carry out a "child's needs assessment" before then to determine what these will be. The local authority will carry out the assessment if it considers it a "significant benefit" to the child to do so.
These assessments will give you an idea of the help that you and your child can expect when they move into adult care and support. After the assessment, the local authority should draw up a care and support plan; this may include a personal budget or direct payments to meet some of their needs.
When can you ask for an assessment?
There is no specific age or time before the child's 18th birthday at which the assessment must take place.
Instead, the statutory guidance suggests that these assessments take place when it is easier to understand what the needs of the child and carer will be beyond the age of 18.
For children with Education, Health and Care plans, it is likely that they will take place during the transition process, from Year 9 onwards.
An assessment of your needs as a carer
The local authority must also carry out a "child's carer's assessment" where there is "likely need" for support when their child turns 18 and when it is of "significant benefit."
A child's carer's assessment will look at the carer's ability and willingness to continue caring for their child when they turn 18, the outcomes they hope to achieve (such as paid work or study) and the support they might need to do so.
The local authority should draw up a care and support plan for the carer; this may include a personal budget or direct payments to meet some of their needs.
This guidance provides stronger legal rights to parent carers during the transition period.
The needs of young carers turning 18
Young carers who provide support to their disabled sibling under the age of 18 can access support under the Children and Families Act 2014.
Young carers who are approaching the age of 18 are eligible for help in their own right under the Care Act. This is regardless of the age of their sibling.
When a young carer approaches their 18th birthday, they can ask for an assessment of their needs to find out what support can be put in place to help them achieve their aspirations, for example to go to college or work.
When a child turns 18
The Care Act is intended to prevent a gap in services when a child turns 18.
For this reason, the act makes clear that any children's services a child is receiving before their 18th birthday will continue after their 18th birthday until adult care and support takes over.
The same is true of a carer receiving support from children's services when their child is under 18. The local authority must not allow a gap in care and support when young people and carers move from children's to adult services
If a carer is not currently receiving services when they receive a child's carer's assessment, the local authority can choose - but is not legally required - to meet a carer's needs before the child reaches the age of 18.
The rights of disabled adults and their carers
If a disabled adult has been assessed as having needs for care and support from the local authority, they will receive a care and support plan and advice about decisions on how to meet their needs. They might have some of their needs met via direct payments.
The Care Act provides much greater rights for carers of adults aged 18 and over. The needs of a disabled adult's carer are treated in the same way as the needs of the disabled adult themselves. Carers can ask for an assessment if they 'appear' to have needs for support. This is a low threshold and entitles most carers to an assessment.
The assessment takes into account the carer's wellbeing, any outcomes they'd like to achieve, whether they are willing and able to care for the disabled adult and whether they would like to access work, education or training.
In England, charging for services was due to be introduced under the Care Act in 2016. However, this has been deferred until April 2020. Until then existing rules apply. Local authorities still have the discretion to apply more generous funding rules.
Where possible, efforts should be made to involve disabled adults and young people in making decisions about themselves. This might require the services of an independent advocacy organisation to ensure the views of the disabled person are heard and taken into account when making key decisions about their lives.
Under the Mental Capacity Act in England and Wales, young people aged 16 and over are presumed to have mental capacity to make decisions for themselves. Where a disabled young person lacks capacity, any decisions made in relation to them must be made in their best interests. The young person's, views, wishes and feelings, as well as the views of anyone caring for the young person or interested in their welfare, must be taken into account when deciding what is in the person's best interests.
Mencap have produced a Mental Capacity Resource Pack for parent carers, which sets out the principles of the Mental Capacity Act and what it means for parents of disabled young people.
In Scotland, equivalent law applies. Further advice and information about The Adults with Incapacity (Scotland) Act 2000 can be found on the website for the Office of the Public Guardian in Scotland.
Information for parents in Scotland on transition to adulthood, can be found on our microsite Talking About Tomorrow
In Northern Ireland, equivalent legislation exists, but the Mental Capacity Act (Northern Ireland) 2016 is not due to be fully implemented until 2020.
One a young person is 18, any charging by social services would be under the rules governing charging for adult care services under the Care Act. It is the young adult's income that will be assessed, not the income of the parents.
The way this generally works is as follows:
- The person's income for charging purposes is assessed by the local authority. Most benefits can be counted, but NOT the mobility component of Personal Independence Payment (PIP).
- If the local authority choose to take the daily living component of PIP into account as income, they must also assess the 'disability-related expenditure' incurred by the disabled adult and factor this into the assessment of how much income is available for charging. Some local authorities use a set amount for disability-related expenditure that they deduct in order to avoid having to ask intrusive questions, but this can be challenged if it doesn't reflect the full costs of disability expenditure involved.
- The local authority also needs to work out a minimum income guarantee for each disabled person - this is a minimum amount of income that they must be left with after charging for social care. Broadly speaking this is set at Income Support rates + 25%. So for example, a single person aged under 25 and in receipt of PIP enhanced daily living component should be left with a minimum income of £138.68 per week after charging by social services.
- There are also capital limits. If the young adult has capital (e.g. savings, or certain other financial assets) between £14,250 and £23,350 they will be treated as having extra income for charging purposes. If their capital is above £23,350, they are likely to be expected to meet the full costs of their care charges. Some capital can be disregarded. Contact our helpline or seek advice from a local advice service for disabled people. You can search for local advisers by using the Turn2Us find an adviser tool.
Visit the Money Advice Service for advice in Northern Ireland, Scotland and Wales, or:
Find out about education beyond 16 in England.
Download our Introduction to the Care Act 2014 factsheet [PDF].
- Join our campaign against cuts to services.
- We are a charity for disabled children; if you want to know more about support for disabled adults, visit Carers UK.