Young people with SEN or disabilities turning 18 may become eligible for adult social care services, regardless of whether they have an EHC Plan or whether they have been receiving services from children’s social care.

The Care Act 2014 set out the requirements on local authorities when young people are approaching, or turn, 18 and are likely to require an assessment for adult care and support.

These are intended to support effective transition from children’s to adult social care services.

For those already receiving support from children’s services, the Care Act makes it clear that local authorities must continue to provide children’s services until adult provision has started or a decision is made that the young person’s needs do not meet the eligibility criteria for adult care and support following an assessment.

Children’s services must not be discontinued simply because a young person has reached their 18th birthday.

The criteria that should be used to consider assessment is that the young person with SEND may be likely to need social care.