Statutory guidance

When young people are leaving children’s services in England and need varying levels of support, there are statutory duties under several legal frameworks to support their wellbeing, independence, and right to form safe and meaningful relationships. This is not a comprehensive list. The following are some of the most relevant statutes.

• The Children and Families Act 2014, which includes Education, Health, and Care Plans (EHCPs), requires councils to help young people move into adulthood in a way that supports their independence and social inclusion. For individuals up to 25 years old with special educational needs or disabilities, councils should develop EHC plans that outline the support required across education, health, and social care, including provisions for moving into employment. Plans that outline the support required across education, health, and social care, including provisions for transitioning into employment. Section 8 of the SEND Code of Practice is called “Preparing for Adulthood from the Earliest Years” and provides information for practitioners across Education, Health and Care on their statutory responsibilities.
• Under the Care Act 2014, councils have a duty to provide information and advice on available local services and support arrangements. The Care Act 2014 also places a legal duty on councils to promote individual wellbeing for adults in need of care and support, inclusive of ways to delay and prevent care needs escalating.
• Under the Housing Act 1996 Councils have a generic duty to assess and accommodate the housing needs of their residents, including young people with a learning disability and autistic young people.
• The Equality Act 2010 legally requires councils to prevent discrimination and ensure equal access to public services and community life. Councils are also obligated to make reasonable adjustments to ensure that individuals with disabilities, including those with learning disabilities or autistic people, can access services without facing discrimination. This could include providing information in easy-read formats, offering longer appointment times, or ensuring that healthcare environments are sensory-friendly, and other reasonable adjustments.
• The Mental Capacity Act 2005 protects the rights of people over the age of sixteen to make their own decisions unless there is clear evidence they cannot do so.
• Equality Act 2010: This legislation protects individuals from discrimination based on certain protected characteristics, including disability. Councils should ensure that individuals with learning disabilities and autistic individuals are treated equally and fairly and are protected from discrimination in public services. This legislation protects individuals from discrimination based on certain protected characteristics, including disability. Councils should ensure that individuals with learning disabilities and autism are treated equally and fairly and are protected from discrimination.
• Human Rights Act 1998: Under this act, councils should respect the human rights of individuals, such as the right to respect for private and family life, and protection from discrimination. Local authorities have a duty to ensure that these rights are upheld in the provision of services.
• Autism Act 2009 and Subsequent Guidance: Statutory Guidance for Local Authorities and NHS Organisations (2015): This guidance mandates that local authorities should include the employment support needs of autistic adults in local planning and service provision.
• Down Syndrome Act 2022: requires the Secretary of State to develop and consult on guidance that a range of ‘relevant authorities’ (including health services, local authorities and schools) should have regard to. On the 19 July 2022 the Government launched a Call for Evidence on the Down Syndrome Act – this was the first of two stages of public consultation that will inform and development and content of the Guidance.
• Mandatory training about learning disability and autism for health and social care provider staff | Local Government Association Councils should ensure that health and social care staff receive suitable and appropriate training designed to better equip them with the skills and knowledge to care for individuals with learning disabilities and autism. The training should emphasize understanding, communication, and individualised care. An example of appropriate training is The Oliver McGowan Mandatory Training: a training initiative aimed at improving the care and support provided to individuals with learning disabilities and autism in England.

The section on fluctuating mental health needs has some specific information on young people who may have fluctuating mental health needs.

The section on young people who may be eligible for adult packages of support at a moderate to high level and who may be at risk of restrictive care packages has some specific information.