Young people aged 14 - 25 who have spent time in the care system, face a
confusing network of legal provisions and procedures when it comes to
the transition to adult social or health care services. Often the route
through a problem isn't clear to those trying to support the young
person, either family or social workers, and at times the lawyers
involved as well. For those with additional needs and vulnerabilities
such as learning disabilities or autism, the transition to adulthood is
too often a minefield for the young person and those around them.
With increasing and ongoing financial constraints in the field of social
care being applied to both the child care and adult systems, it has
become ever more difficult for families and social workers to navigate
the pathway from a child in care to an adult with additional needs for
support. There is a myriad of legislation purporting to assist with the
move from one system to the other, all of which overlaps and some of
which contradicts. In addition, government policy produces rhetoric
aimed at smoothing the path from one system to another, but with
sometimes little practical effect.
The transition from child care services to adult social care brings with
it competing obligations under the Care Act 2014 and Mental Capacity Act
2014, as well as the interface with the Mental Health Act 1983 and the
Children and Social Work Act 2017 and the accompanying guidance. There
are also those instances when no legislation assists and it is necessary
to invoke the inherent jurisdiction of the High Court. The spider web of
the various provisions and procedures require a practitioner to navigate
several strands at once, often beyond their immediate speciality.
This book aims to create a pathway through the process, in order to
ensure that the rights of the young people and their families are
properly met and the public bodies meet their obligations. The text aims
to draw together the different pieces of legislation and policy in order
to provide the reader with a collective understanding of the procedures
that may be relevant for the young people and families that they support
in their professional lives.
ABOUT THE AUTHOR
Jacqueline Thomas QC is joint Head of Chambers at Spire Barristers,
Leeds. Appointed Queen's Counsel in 2020 with 20 years experience in the
field of family law, Jacqueline was appointed a Recorder in 2018 and
sits in the Family Court. Her practice encompasses all courts but she
has an extensive practice in Public Law Children matters in the High
Court and also practices in the Court of Protection, before all tiers of
Judges, with a focus on health and welfare applications. Her work within
the two jurisdictions leads her to be instructed regularly in cases that
overlap the two areas of law, or fall within the inherent jurisdiction
of the High Court.
One such area are those cases involving older children and teenagers who
have been looked after children and will have additional support needs
as adults, either due to mental capacity issues or other needs for
services. As a result of her work in this area, Jacqueline lectures on
the subject for Keele University where she is a visiting lecturer, and
also for MBL lectures. She is a trustee of the Spire Foundation, a
charity working to improve the outcomes for care experienced families
and is the co-author of 'Family Justice Reformed' (2014 2nd
ed).
