Recommendations on support for all disabled children and young people with severe complex needs
People have the right to be involved in discussions and make informed decisions about their care, as described in NICE's information on making decisions about your care.
Making decisions using NICE guidelines explains how we use words to show the strength (or certainty) of our recommendations, and has information about prescribing medicines (including off-label use), professional guidelines, standards and laws (including on consent and mental capacity), and safeguarding.
These recommendations cover the support that all disabled children and young people with severe complex needs should receive. There are also recommendations in this guideline on:
The government's special educational needs and disability (SEND) code of practice is the primary guidance for processes around SEND.
This NICE guideline makes recommendations on how existing legislation and statutory guidance should be put into practice. When there is evidence that existing legislation and statutory guidance is not being implemented, the guideline recommendations reiterate this and provide further guidance to help with implementation.
1.1 Principles for working with children, young people and their families
Key principles
1.1.1
Education, health and social care practitioners should always:
1.1.2
For children and young people who are not able to actively participate in planning or decision making, education, health and social care practitioners should take into account the views of the people who know them best.
1.1.3
Do not assume that all children and young people with a particular diagnosis need the same support.
Involving children and young people and their families
1.1.4
Ensure that all children and young people are involved in discussions and decisions about their education, health and social care support. Get each child or young person's input in the way that is most effective and accessible for them. For example:
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invite them to attend in-person or virtual meetings (or parts of meetings) where their views should be represented
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short 'about me' presentations
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photo diaries
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video or voice recordings.
1.1.5
Keep a record of how the child or young person participated in discussions and decisions, and what contribution they made.
1.1.6
Find out which members of the child or young person's family should be involved, in the context of their current individual family circumstances (for example, when a family member other than a parent has parental responsibility). Review this if their family circumstances change.
1.1.7
Work closely with children, young people and their families and carers to:
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get to know them better, to understand their needs
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draw on the expertise they have from their lived experience and associated needs
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build a positive working relationship with them, to better understand their views, life goals and ambitions.
1.1.8
Encourage and support children and young people to give their views on their health, care, education and support, and express what they want and need.
1.1.9
Take account of the communication needs of children and young people. If needed, consider getting support from a specialist to help them participate in discussions and decisions and express their views.
1.1.10
Encourage parents and carers to think about how their child can give their own views and be involved in decisions. Ask them what services can do to support their child in communicating their views.
1.1.11
Regularly check that children and young people and their families and carers are satisfied with how they are involved in decisions about their support. If they are not satisfied, look for ways to address their concerns.
1.1.12
Learn about the approaches families and carers use (now or previously) when caring for their child. If they are beneficial, continue using them in the same context. Avoid using those that have not worked well in the past.
Preparing for and running meetings with children and young people
1.1.28
Ask children and young people and their families and carers how they would like to be involved in practitioner-led review meetings about them.
1.1.29
Before discussions and meetings, practitioners should help children and young people prepare by:
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providing them with information (in accessible formats) and support to help them and their parents and carers take part, and checking that they understand this information
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encouraging their parents and carers to discuss the meeting with them in advance
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providing support for their parents or carers before the meeting if they need help completing any documents
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checking that meetings are physically accessible, and that they can afford to get there.
1.1.30
Before meetings, the chair should find out:
1.1.31
When planning meeting agendas:
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prioritise the child or young person's wishes, aspirations and goals, in addition to the statutory content and
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include any other relevant issues that parents, carers and education, health and social care practitioners need to cover.
1.1.32
As far as possible (based on practitioners' contracted working hours), consider the child or young person's preferences when planning meetings, to help them participate and understand what is happening. For example:
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Ask them when and where they would like to have the meeting:
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consider scheduling it at a time of day when they are not usually tired and/or
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consider scheduling meetings outside of school time when possible, so they do not miss lessons or feel excluded and/or
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consider having the meeting in a place where they feel comfortable and do not have to travel too far and/or
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consider virtual meetings.
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Consider showing them the meeting room and asking them where they would like to sit.
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Consider if they are anxious in groups of people or do not want to discuss a sensitive topic in front of everyone. Arrange a separate meeting so they can get their views across (for example, a one-to-one meeting with a practitioner they trust, or a videoconference).
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Consider making adjustments to the meeting format and schedule (for example providing breaks during long meetings).
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Take into account family circumstances.
1.1.33
Ensure that, at each meeting:
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there will be education, health and social care practitioners who know the child or young person and are involved in their support
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key additional relevant people are able to attend (for example, a college representative for a review on transition from school to college).
1.1.34
Take account of the child or young person's right to privacy:
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hold meetings in places with as much privacy as possible
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tell them who will be at the meeting, and why
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only invite the key education, health and social care practitioners who are needed at the meeting, to avoid large groups of practitioners that may be intimidating for some children and young people.
1.1.35
Consider using person-centred planning tools (for example, Planning Alternative Tomorrows with Hope [PATH]) to help structure and conduct meetings.
1.1.36
Communicate with the child or young person at meetings using their preferred format, and any basic rules that help them to feel comfortable. The chair should remind everyone at the meeting what the child or young person's communication preferences are before the meeting starts.
1.1.37
Give children and young people plenty of time to take in information and express their views in discussions and meetings. Do not rush them.
1.1.38
When providing information in discussions and meetings, check that children and young people understand it and how it applies to them.
1.1.39
Agree clear actions (at meetings, and in other discussions between practitioners and the child or young person and their family and carers). For actions that will directly affect the child or young person:
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record them in an action log, in a format that the child or young person and their family and carers can understand
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share the log with the child or young person and everyone involved in their care
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review the log regularly to ensure the actions are being done.
1.1.40
Practitioners should consider recording meetings (written, audio or video; in line with local policies on information governance and consent), so the child or young person and their family and carers can review them again later.
1.1.41
If a practitioner cannot attend a meeting, decide whether it needs to be rescheduled. Take into account:
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the problems caused by delaying the meeting
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the risk of the meeting not being productive if it goes ahead without all the relevant practitioners
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the risk of causing discomfort or distress to the child or young person if there are people at the meeting that they do not know
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the consequences for the family and carers (such as parents having to rearrange time off from work).
1.1.42
If a practitioner cannot attend an interagency team meeting, or any meeting with the child or young person, they should:
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tell the person who arranged the meeting in advance
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send a fully briefed delegate to represent them, or provide a written update or report
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request details of any relevant actions and follow these up
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review the meeting minutes and action log when available.
1.1.43
Ask the child or young person if they would like to involve any siblings or friends in meetings (to share their views on the child or young person's strengths and interests). If they would like to do this:
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ask the child or young person to invite the sibling or friend
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if the sibling or friend agrees to attend the meeting, contact them to explain how they can be involved
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involve the parents and carers of the child or young person and their sibling or friend as necessary at each stage of this process.
Using a consistent approach
1.1.44
Education, health and social care services should work together to make the way they interact with each child and young person more consistent.
Decision making
These recommendations should be read alongside guidance on Deprivation of Liberty Safeguards and Liberty Protection Safeguards.
1.1.45
Provide children and young people and their families and carers with information to help them play a part in shared decision making.
1.1.46
When a child is unable to respond with intentional communication, think about whether their preferences could be identified in another way (for example through observation, play, or their behaviour).
1.1.47
When a child can express a view, but their view does not align with the views of their parents, support the child and parent to understand each other's perspective and try to get agreement. If this is not possible, work impartially and separately with them and with their parents.
1.1.48
If disagreements cannot be resolved and the child or young person is under 16:
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remember that the child or young person's needs are paramount
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take the views of the parents into account
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remember that children and young people under 16 can give their own consent if it is clear that they fully understand what is involved.
1.1.49
If disagreements cannot be resolved and the young person is over 16, consider the young person's views first. You must uphold their decision if they have capacity to make it.
1.1.50
If you think a young person aged 16 or over lacks capacity to make a particular decision about their support and education, you must:
1.2 Identifying needs and involving other services
1.2.1
Be aware that disabled children and young people may have emotional and mental health needs that can be obscured by their severe complex needs.
When needs are first identified in health services
These recommendations should be read alongside Section 23 in the Children and Families Act 2014.
1.2.2
If you think a child or young person may have complex health needs or disabilities, think about whether they are likely to also have special educational needs and social care needs.
1.2.3
If a child or young person is likely to have complex health needs or disabilities and is also likely to have special educational and social care needs:
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discuss this with them and their parents and carers before notifying the local authority, and if possible get their agreement on when to do this
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advise them and their parents and carers about any voluntary organisations that can provide advice or assistance, and any educational support that is available before they start or return to school
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direct them and their parents and carers to their special educational needs and disability (SEND) Local Offer and SEND Information, Advice and Support services
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after getting consent, find out which education and social care services need to be involved and contact them at the first opportunity.
When needs are first identified in education services
1.2.4
If you think a child or young person may have a special educational need, think more broadly about their circumstances and decide whether they need to be referred to other services. For example:
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Do they have specific needs that can be addressed with clear actions and solutions, or are they likely to need broader support?
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Could there be an underlying health condition, and do health services need to be involved?
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Could they have unmet social care needs, and do social care services need to be involved?
1.2.5
If a child or young person is likely to have special educational needs and is also likely to have complex health and social care needs:
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discuss this with them and their parents and carers
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advise them and their parents and carers about any support organisations in their SEND Local Offer that can provide advice or assistance, and any educational support that is available before they start or return to school
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direct them and their parents and carers to SEND Information, Advice and Support services
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after getting consent, find out which health and social care services need to be involved and contact them at the first opportunity.
Referral to social care services
All disabled children are defined as 'in need' and entitled to an assessment of need under Section 17 of the Children Act 1989. However, some social care support for families may be available without an assessment. These recommendations should be read alongside the duties on reasonable adjustments in the Equality Act 2010.
1.2.6
When making a referral for a social care assessment for family support:
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include a detailed description of the reasons for making the referral, including the emerging health and social care needs (as discussed with the child or young person and their parents and carers) and
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include any reasons the family might need help to access healthcare services (for example, families on low income who cannot afford to get to appointments) and
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discuss the potential outcomes of the referral (including an assessment of need) with the child or young person and their family.
1.2.7
Be aware that parents and carers may be anxious about involving social care services. Find out what they know about social care (particularly family support services), and:
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explain areas they do not understand
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address any misconceptions
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explain the difference between safeguarding, child protection social care, and broader family support services.
1.2.8
If you identify a concern, refer in line with local safeguarding policy.
1.3 Education, health and care needs assessment
These recommendations should be read alongside NHS England guidance on Care, Education and Treatment Reviews and chapter 9 of the special educational needs and disability (SEND) code of practice.
Requesting a needs assessment
1.3.1
If you think a child or young person may have a special educational need, explain to them and their families and carers:
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who can request an education, health and care (EHC) needs assessment
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how to request an EHC needs assessment
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the criteria the local authority will use to decide whether to carry out an EHC needs assessment
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what the assessment involves
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how to get help with this process (for example, from support groups)
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how to make an appeal, if the local authority does not think an EHC needs assessment is needed.
1.3.2
Local authorities should explain to education, health and care practitioners that EHC needs assessments should be requested based on a child or young person's needs, and not on other factors such as potential availability of funding.
1.3.3
Do not exclude children and young people from EHC needs assessments based solely on whether or not they have a particular diagnosis, or no diagnosis at all.
1.3.4
Practitioners should support children or young people and their families during the EHC needs assessment, so that families do not have to manage the process themselves.
Supporting children, young people and their families during a needs assessment
1.3.5
When carrying out an EHC needs assessment, local authorities should explain to the child or young person and their families and carers:
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the possible outcomes of the EHC needs assessment process
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the purpose of the EHC plan and what it can help with
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how they can be involved in the process and how their views will be incorporated
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which services will be involved in the process
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how long it should take to get an EHC plan (no more than 20 weeks after their initial request)
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what will happen if an EHC plan is not issued
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how to contact SEND Information, Advice and Support services.
1.3.6
If an EHC plan will not be produced in the statutory timeframe, local authorities should update children, young people and their families and carers on the reasons for this and provide information on current progress.
1.3.7
While children and young people and their families and carers are waiting for an EHC needs assessment, explain what services are available and might be appropriate, and the criteria for accessing them.
1.3.8
Direct children, young people and their families and carers to SEND Information, Advice and Support services for information about the criteria for funding and support.
1.3.9
Give families and carers help, time and opportunities to express their views and explain what support they think their child needs. Record this information during the assessment process.
1.3.10
Education, health and social care services should start working together before an EHC plan is issued, to ensure that:
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the child or young person gets the interim assessments they need, and interim support as soon as a need is identified
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the transition from interim support to EHC plan is as simple as possible.
1.3.11
While children and young people and their families and carers are waiting for the EHC needs assessment process to finish, provide support based on their identified needs. For example:
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healthcare professionals should work with local teams to identify what interim assessments and support can be provided
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practitioners should explain what support is available as part of the SEND Local Offer (such as short breaks)
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education practitioners should provide special educational provision, based on what is currently understood about the strengths and needs of the child or young person.
Carrying out the needs assessment
1.3.12
During the EHC needs assessment process:
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take into account the child or young person's age, level of understanding, communication needs and specific circumstances
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contact any practitioners who have relevant or specialist knowledge about the needs of the child or young person, but who are not part of the interagency team, to better define the child or young person's needs
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identify emerging needs and make referrals as these needs are identified, without waiting for the assessment process to finish.
1.3.13
Use all information available (including information from other practitioners or services) for assessments of children and young people.
Timescales for completing a needs assessment and producing an EHC plan
These recommendations should be read alongside paragraphs 9.41 to 9.44 of the SEND code of practice.
1.3.14
When conducting EHC needs assessments, local authorities, services and practitioners must work to the timescales specified in the Children and Families Act 2014 and SEND Regulations 2014. In particular:
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when an EHC needs assessment is requested, local authorities must decide whether the assessment is needed within 6 weeks
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when a local authority requests information as part of an EHC needs assessment, services and practitioners must respond within 6 weeks
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if the local authority decides that an EHC plan is not needed, they must inform the child or young person and their parents within 16 weeks of the initial assessment request
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if the local authority decides that an EHC plan is needed, they must complete the needs assessment and produce a finalised EHC plan within 20 weeks of the initial assessment request.
If parents or carers decline any assessments
1.3.15
If parents or carers decline any assessments:
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think about why they are declining and take account of any cultural or communication challenges
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discuss their reasons for declining and address any concerns they have
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explain how they can request an assessment in future, and encourage them to get in touch if they change their minds
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think about whether this may cause a safeguarding issue, and follow local safeguarding processes.
1.4 Education, health and care plans
These recommendations should be read alongside requirements on draft education, health and care (EHC) plans in Section 38 of the Children and Families Act 2014, Regulation 13 of the Special educational needs and disability (SEND) Regulations 2014 and chapter 9 of the SEND code of practice.
Agreeing on outcomes for the plan
1.4.1
1.4.2
1.4.3
When writing the agreed outcomes in EHC plans:
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make them SMART (specific, measurable, attainable, relevant and timely)
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consider using the 'outcome sandwich' (specify the timeframe, the skill to be developed, and what this skill would help the person to do).
1.4.4
Base your expectations for a child or young person on their own life goals and ambitions, rather than on their condition or needs.
1.4.5
Query with other practitioners if you think their expectations for a child or young person are too low.
Reviewing progress and needs, and coordinating with EHC plan reviews
1.4.16
Education, health and social care practitioners should review the child or young person's progress and needs at regular intervals, to:
1.4.17
Conduct a professional assessment if:
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the child or young person's needs change significantly (for example, if they develop new health problems or there is a change in their existing conditions) or
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their circumstances change significantly.
1.4.18
Share the results of the professional assessment with the local authority so that they can decide whether:
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the EHC plan is still fit for purpose or
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any provisions in the existing EHC plan should be changed (without a full EHC plan review or reassessment) or
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to conduct a reassessment of the EHC plan.
1.4.19
Consider coordinating the EHC plan annual reviews and social care reviews.
1.4.20
Do not reduce the support specified in the EHC plan just because a child or young person shows improvements in particular areas or is able to do new things, because they may rely on the support they get to do this.
Funding
1.4.21
Local authority commissioners and their partners should provide sufficient funding to enable all support listed in the EHC plan that they are responsible for to be provided.
1.4.22
When requests for additional resources are refused:
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the people who make this decision should explain the reasons for not providing this support to the practitioners involved
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the practitioners should discuss this with the child or young person and their family and carers, and explain potential courses of action.
If children, young people and their families decline an EHC plan
1.4.23
If parents or carers decline an EHC plan:
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discuss their reasons for this
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address any concerns they have, taking account of any assumptions or cultural beliefs
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discuss the potential implications of deciding not to have an EHC plan
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explain how they can request an EHC needs assessment in future, and encourage them to get in touch if they change their minds
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agree what ongoing support will continue to be provided
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think about whether this may cause a safeguarding issue, and follow local safeguarding processes.
1.6 Supporting parents and carers
1.6.1
Direct families and carers to sources of practical support (including the special educational needs and disability [SEND] Information Advice and Support services) and emotional support, to help them come to terms with their child's needs and diagnosis (or lack of diagnosis).
1.6.2
Consider using a person-centred planning approach, to help include parents and carers in care planning.
1.6.3
Ask families and carers how much they want to be involved in making decisions about care planning, because different families will want different levels of involvement. Be aware that families may change their minds over time about the level of involvement they want.
1.6.4
The interagency team should consider providing information about the emotional and practical support options available to help parents plan for what will happen when they cannot care for their child (for example, if they are too unwell, or after their death). Support options could include voluntary and community support, advocacy, or seeking independent legal advice.
Training for parents and carers
1.6.5
Education, health and social care services should consider:
1.6.6
In training for parents and carers, consider covering:
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helping them to understand and meet their child's needs
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helping them effectively support their child's preferred method of communication
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how the different services work and what support to expect for their child
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what they can do if they think they are not receiving the support they are entitled to
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how to advocate for their child.
1.6.7
Ensure that the training is appropriate to the needs of families. Ensure that the practitioners leading the training have the appropriate knowledge and skills (for example, a consultant might not be needed if the training is not going into detail on medical needs).
1.6.8
Consider using different teaching styles as needed, so the training is useful for all parents and carers.
1.6.9
Consider providing opportunities for parents and carers to discuss their experiences with each other during the training (for example, with group activities or by setting time aside for free discussion), because this will help them to learn from each other and develop support networks.
1.6.10
Do not restrict training to a single point in time (for example, at diagnosis). Let parents and carers take up training when they are ready for it, at different points in the child or young person's life. Regularly ask parents if they want to take up training (for example, at review meetings).
1.6.11
Consider making training sessions more accessible to parents and carers by:
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providing flexibility on training session times, locations and formats
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scheduling training at times when the child or young person has pre-arranged care (for example, when they are at school)
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taking account of childcare arrangements for the family's other children.
1.6.12
Review the effectiveness of training (for example, by asking for feedback from parents and carers), to ensure it meets its objectives and the needs of parents and carers.
1.7 Social participation
Ideally, social activities would be accessible to all children, so that children with and without disabilities could participate together. However, there is evidence that disabled children and young people with severe complex needs often do not have access to any social activities. So, although there are other ways to improve social participation for the wider population of disabled children and young people, these recommendations focus on improving social participation for disabled children and young people with severe complex needs.
1.7.1
Be aware that social participation:
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is as important as care and education for maintaining and improving the quality of life of disabled children and young people with severe complex needs
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is more difficult for children and young people who are not in education or work
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may justify a young person with progressive or fluctuating illness in attending school or college, even if their attendance may be interrupted.
1.7.2
Local authorities should consider developing and funding group activities (for example, sports or theatre) as part of their short break services. When developing these activities, they should work with other organisations (including voluntary and community organisations).
1.7.3
When local authorities are planning group social activities as part of short break services, they should:
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ensure there is a range of options to accommodate different behavioural, mobility, learning and communication needs, and different cultural backgrounds and family circumstances
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think about access for those living in rural areas
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think about what equipment will be needed to make activities accessible.
For statutory requirements on short breaks, see the Department for Education guidance on short breaks for disabled children.
1.7.4
Education, health and social care services should adapt activities, communication formats, the physical environment and participation methods as needed to meet the needs of the children and young people who are attending.
1.7.5
Interagency teams should plan support to help children and young people to participate in social activities. This could involve:
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helping them make friends and access local community facilities
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helping them use the internet and social media to maintain their friendships and meet new people safely
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helping them to volunteer in the community.
1.7.6
Use short breaks for the benefit of the child or young person (for example, by running group social activities), as well as a break for families.
1.7.7
Health services should work with education and social care services to address children and young people's health needs flexibly, so they can join in with education and social activities alongside other children and young people.
1.8 Transition from children's to adults' services
These recommendations should be read alongside the special educational needs and disability (SEND) code of practice (chapter 8 and paragraphs 9.151 to 9.152), and supporting legislation.
1.8.1
1.8.2
When working with young people, interagency teams should:
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focus on the young person's goals for adulthood, instead of just treating health problems or providing short-term support
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help the young person and their parental deputy to prepare for adult life and maximise their independence.
1.8.3
Do not assume that young people will have a clear plan for adulthood at the start of transition planning. Help them to understand the different options, and give them and their families enough information to make informed decisions.
1.8.4
For young people who lack capacity to plan for adulthood, work with the people who know them best (including their parents and carers), using best interests decision making in line with the Mental Capacity Act.
1.8.5
Healthcare professionals should find out what services are available locally, and involve them as needed to help with the transition.
1.8.6
In addition to statutory transition points, education, health and social care services should work with the young person and their family and carers to coordinate the age of non-statutory transitions to adults' services, to ensure a consistent approach across sectors.
1.8.7
Interagency teams should work together to plan the transition between children's and adults' services for each young person. Each practitioner should read the sections of the plan produced by other practitioners, to make sure the plan works as a whole.
1.8.8
In transition reviews, make short-term goals (such as staying away from home overnight) as well as long-term goals (such as living independently).
1.8.9
1.8.10
Plan well in advance of the transition to adults' services to prepare young people for alternatives to education (for example, look at supported internships and community adult social care support).
1.8.11
As early as possible and by the time young people are approaching adulthood, explain to them and their parents:
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how their rights will change
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how the level of parental involvement and decision making may change
-
how parents can register to act as a deputy if their child lacks mental capacity.
1.8.12
When a young person is transferring from children's to adults' services, the named worker should:
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oversee and coordinate transition
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hand over their responsibilities as named worker to someone in adults' services, and give this person's contact details to the young person and their family.
1.8.13
During transition, give young people and their families and carers information about:
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the purpose and potential outcomes of the adult needs assessment
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the timing of appointments and when decisions will be made
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which services will be involved in their care during and after transition
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what happens to their support if their EHC plan stops.
1.8.14