3.11 A core assessment is defined as an in-depth assessment which addresses the central ormost important aspects of the needs of a child and the capacity of his or her parents or caregivers to respond appropriately to these needs within the wider family and community context.

The timescale for completion of the core assessment is a maximum of 35 working days.

A core assessment is deemed to have commenced at the point the initial assessment ended, or a strategy discussion decided to initiate enquiries under s47, or new information obtained on an open case indicates a core assessment should be undertaken.

Appropriate services should be provided whilst awaiting the completion of the specialist assessment.

 (‘Framework for the Assessment of Children in Need and their Families, 3.11 p 32, 2000)

The Framework also makes clear that these time frames are important :

3.3 The response from social services departments to an initial contact or a referral requesting help is critically important. (3.3, p 29)

3.7 Time, as discussed in Chapter 1, is critical in a child’s life. A timely response to responding to a child’s needs means that the process of assessment cannot continue unchecked over a prolonged period without an analysis being made of what is happening and what action is needed, however difficult or complex the child’s circumstances.

 Prior to the publication of the Government’s Objectives for children’s social services (Department of Health, 1999), no timescales had been set for completing assessments of children in need, although there had been timescales for action to be taken to protect children where there were concerns that a child was suffering or likely to suffer significant harm. This has now been remedied and timescales have been specified in the objectives for children’s social services.   (Disabled Children – A Legal Handbook, 3.7 p 31)

‘Disabled Children : A Legal Handbook” by Steve Broach et el (2010) also states that :

3.9 In the absence of any confirmed diagnosis, a child may still be a ‘child in need’ by virtue of requiring services for the reasons specified in section 17(10)(a) or (b). Moreover, any insistence on a medical diagnosis by a children’s services authority before a child is deemed to be ‘disabled’ within section 17(10)(c) might be considered anomalous given the professed universal social work commitment to the ‘social model’ of disability (see paras 1.5–1.7). In any event, there is a low threshold for social care assessments,7 which should be carried out if a child may be ‘in need’ (one of the potential outcomes of the assessment being a decision that he or she is not in fact ‘in need’). (Disabled Children – A Legal Handbook, Chapter 3, 3.9)

“There are, however, some very basic principles which should underpin all assessments of disabled children and their families. Assessments should be needs-led rather than dictated by available provision. In consultation with all the children and adults concerned, the assessment process should identify first, the barriers that inhibit the child and family living an ordinary life and second, what can be done by the support agencies to tackle them.

Assessment should take account of the needs of the whole family and individuals within it; while some services may be provided directly to a disabled child, others may be offered to parents or siblings (see chapter 8 for duties to adult and child carers). The agreed provision or arrangements following assessment may not necessarily take the form of what are usually seen as social care ser-vices.

There has also been a growing emphasis on assessment practice that adopts an outcome focus. This means that the practitioner undertaking the assessment, together with the children and adults in the family, identifies a range of outcomes that are import-ant to help the family to live a more ordinary life. All involved then agree on the provision that could make those outcomes happen.  The effective-ness of any intervention is then judged on the extent to which the identified outcomes are achieved. Assessments should be undertaken and provision put in place promptly and children and their families should not have to wait for essential services. Early intervention is regarded as important in order to avoid families reaching crisis point.19 Finally, because children grow and develop and family circumstances change, assessment of need should not be seen as a one-off event but should be repeated as required, while avoiding the burden that unnecessary repetitious assessments impose on families.”

(Disabled Children – A Legal Handbook, 3.12, chapater 3)

It follows that councils cannot, in such situations, seek to delay or attempt further rationing – for instance by placing a person on a waiting list

or suggesting that the case needs to go to a ‘panel”  (Disabled Children – A Legal Handbook, 3.45 chapater 3)

If your child has been assessed as having a need in their core asessment but you are not getting any support is is a good idea to get legal advice as things can get a little bit complicated – the last few pages of this document list solicitors who specialise in disabled children’s law http://www.ncb.org.uk/edcm/Using_the_Law_to_Fight_Cuts.pdf

If your child’s service has been taken away or reduced due to public spending cuts you should also seek legal advice.

You can also  download the social care chapter of ‘Disabled Children : A Legal Handbook’ here http://www.ncb.org.uk/cdc/CDC_LH_Chap_3c.pdf

If you are not happy with the way your child’s assessment was undertaken or you think that they have not followed the time frames set you can complain to your local authority.   In the first instance you should write to the manager of the service you are complaining about – make sure you make it clear that you are making a ‘stage one’ complaint and request a written response from them in the time frame shown by their complaints policy.

If you are not happy with this response ‘stage two’ is where there is a more indepth investisgation, usually by someone from a different department.

Stage three is when you complain to the local authority ombudsman http://www.lgo.org.uk/making-a-complaint/

You can find out more about your local authorities complaints procedures and who to complain to here http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4018266 by typing in your post code.

You can also find out more about

* Please note – Whilst every attempt has been made to ensure that the information provided here is correct, the law relating to social care can be very complex and it is always a good idea to seek legal advice if you think your rights are not being met. Links provided are for information only and their inclusion does mean the organisations featured are endorsed by Genetic Alliance UK.