Moving into adult services
Information for England
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 will 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.
If your child is turning 18
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.
Until April 2016, when charging reforms will be introduced, the local authority may charge for services depending on the disabled adult's finances. People will only be asked to pay what they can afford, and this will be decided by a financial assessment carried out by the local authority.
The Care Act provides much greater rights for carers of adults aged 18 and over. For the first time, the needs of a disabled adult's carer will be 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 will entitle most carers to an assessment.
The assessment will take 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.
Find out about education beyond 16.
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.
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.
All local authorities can charge users of their adult social care services based on their circumstances and financial situation. However, a key principal is that they can't ask someone to pay more than they can afford.
The process for deciding how much someone can pay should be set out in the authority's charging policy. This should explain which services can be charged for and details of the financial assessment to determine how much the user should pay. Policy is written in accordance with national guidance on charging for community care services.
In England a new process on funding and charging for services was due to be introduced under the Care Act in 2016. However this has been deferred until 2020. Until then existing rules apply, although authorities have the discretion to apply more generous funding rules.
In Wales, guidance on paying for care services under the Social Services and Well-being Act 2014 was implemented on 6 April 2016. Under the new rules, local authorities are not allowed to charge more than £70 per week for services. The assessment for charging must also take into account daily living costs to ensure the disabled person is left with enough money to manage on and can pay for costs such as rent, food and utilities.
In Scotland, under the Community Care and Health (Scotland) Act 2002 local authorities can use their own discretion when deciding services they wish to charge for and how they carry out the assessment.
In Northern Ireland, like local authorities in the other nations, Health and Social Care Trusts can also choose to charge for care services.