This was our advice.

The Guidance in The National Framework for NHS Continuing Healthcare and NHS funded Nursing Care DH 2007 - isn't completely clear on this subject. However it does suggest some basic good practice which is as follows:

"It is the responsibility of the PCT to identify, commission and contract for all services required to meet the needs of all such individuals who qualify for NHS Continuing Healthcare, and for the health care part of a joint care package."

In terms of the needs of this young person continued education is clearly an identified need from the assessment process.

"Where a person qualifies for NHS Continuing Healthcare, the package to be provided is that which the PCT thinks is appropriate for the individual’s needs. Although the PCT is not bound by the views of the LA as to what services the individual needs, the LA’s
assessment under section 47 of the National Health Service and Community Care Act 1990 or contribution to a joint assessment will be important in identifying the individual’s needs and in some cases the options for meeting them."

This clearly states that PCT's should be taking into account Social Care assessments regarding best interests. Other areas of the document talk about using Person Centered Plans. All PCP's that I have come across include amongst a whole range of other things education and employment needs.

It would be seen to be discriminatory and not at all in line with guidance such as Improving Life Chances and Valuing People Now to assume that because someone has substantial health needs that they should be denied appropriate continuing education opportunities. If the young person was looked after they will also have rights under Leaving Care Act 2000 to continuing support under LCA entitlements. Equally they should have a pathway plan that should detail further education options that should be informed by Connexions 139a Assessment. As Connexions must have completed a recent 139a that they submitted to LSC this should be used as evidence regarding suitability and need of education provision.

Has the adult got an IMCA as stated in the Mental Capacity Act? IMCA's must be involved if the adult has not got capacity and doesn't have anyone to advocate on their behalf (parent/ friend) and decisions are being made about changing their residence/ care provision. However, they can advise via phone regarding how they have resolved similar situations and provide additional information regarding legislation even if a young person does have a parent to advocate. If the adult has a parent who advocates then it may be helpful for them to instruct a lawyer to try and gain resolution of the situation.

In addition the SSD does have the power to agree to fund part of the care package if this is agreed amongst the two parties.

"The LA is, however, not prevented from providing services, as it sees fit. Indeed in some cases, there may have to be individual arrangements reached between LAs and PCTs with respect to the provision of services. This may be particularly relevant where the
person is to be cared for in a community setting."

In summary, the guidance clearly states that PCT should look at funding the care package (not just health needs) and that this care package should be informed by a number of assessments (not just health assessments) regarding meeting the needs of Disabled Young People. If the young person is formerly looked after they will have additional rights to education under the Leaving Care Act 2000. The young adult may be entitled to an IMCA or an independent advocate or legal advice could be provided for the family. Finally, the Council may come to a joint funded agreement if they feel it is in the young person's best interest.

If you are not able to come to an informal resolution you may need to use your Council Lawyers to gain clarification and support.