5 minute read
The legal side to transitioning
Making a transition into adulthood is a difficult time for any young adult. It is particularly challenging for autistic children, writes Manar Matusiak
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In this article, I will look at the legal side of transitions, the practical side of transitions and some strategies that might help autistic children in particular.
The law and statutory guidance
Children under the age of 18 who need extra support at school or college will be assessed for an Education Health and Care Plan (EHCP) under the Children and Families Act 2014. This plan can continue up to the age of 25. If a child requires support beyond the age of 18, the Care Act 2014 requires that a local authority carry out a Child’s Needs Assessment (CNA). A CNA can be requested by the young person themselves or the parents at any age before the young person turns 18. For those who are over 18 years of age, the local authority has a duty to carry out an Adult Need’s Assessment which must include a personal budget. Discussions on whether a child will need a CNA should take place from Year 9 and should include the child, their parents or guardians and the school staff.
Some young people with EHC Plans might be eligible for the NHS Continuing Healthcare funding (NHS CHC). This comes into force at age 18 and assessments also need to be carried out to find out if they qualify for this.
Practicalities
For autistic children, when considering assessments for the EHC Plan it is important to remember that children on the autism spectrum can be as capable as their peers academically (or even surpass their peers), but that their social and communication challenges can impede their learning.
Consider the following (hypothetical) situations;
Literal understanding
When asked to grab Mrs Jones when she walks past, a child literally manually grabs the teacher. In this example, the child’s behaviour might be considered challenging or even aggressive.
Misunderstanding tone of voice
A teacher tells a child holding an empty crisp packet “You throw that on the ground and just see what happens!!!” An autistic child might totally miss the tone of voice, and throw the crisp packet on the floor.
The above examples show how an autistic child might find themselves in constant trouble without understanding what they are doing wrong. Often, their self-esteem and self-confidence suffer. Their frustrations might reach levels that cause them to lash out leading to suspensions or even exclusions which in turn lead to the child falling behind their peers in their education.
These are just a couple of examples of how autistic pupils can be impacted in different ways to other SEND children. Sensory differences can also cause barriers to learning if sounds are too loud, lights too bright or smells overpowering. Other children might need stronger sensory inputs and totally miss what they should be seeing or hearing.
Growing up
Teenage hormones and the complexities of teenage relationships cause even more confusion and frustrations leading to possible misunderstandings with their peers, and even bullying, as well as misunderstandings with the teaching staff.
Therefore, EHCPs need to be regularly reviewed and the impacts of social interactions and communication must be clearly understood and supported. According to the SEND Code of Practice, EHCP assessments should have the input of the autistic child, the parents/guardians and relevant professionals. This is especially vital during the transition years. Careful consideration must be given to the young person’s wishes, aspirations, strengths and qualities, as well as their specific challenges - autism affects each person differently.
If an adult assessment is carried out by Adult Social Services, the same considerations should be taken into account as for the EHCPs. Adults are expected to live more independently than children and many autistic adults are able to live independently with the right support.
Executive functioning challenges can mean that an autistic adult might need support with making plans or decisions and remembering what they need to do. They might be able to do a job with support in the planning and social side of things.
For home life, an autistic adult might be able to receive support following an Adults Needs Assessment from Adult Social Care. For work life, an adult might be able to receive support through the Government’s Access to Work scheme.
About the author
Manar Matusiak is the Managing Director of Living Autism, helping autistic people and their families find the services, advice and support they need.
livingautism.com @livingautismuk @livingautism
Strategies
Change can be scary and overwhelming for many autistic people. Therefore, transitioning out of a school or college environment to an adult environment can lead to increased anxiety and even fear. Executive functioning challenges might mean the autistic individual finds it difficult to imagine what a world they have not yet experienced might be like. They might need support with domestic tasks, budgeting skills or relationship skills, to name but a few.
It is really helpful to whoever is supporting the young adult into adulthood that they know what works for the individual and what they need support with. Autistic children and adults might have theory of mind challenges, which means they think the people supporting them know exactly what they need without them specifying their needs.
Therefore, asking some questions and working out together what the person’s strengths are and what support might be needed would be helpful. It is useful to find out the following things about an autistic person you are working with; • Their special interests • What skills they need for their special interest • If anything in the physical environment causes them high anxiety – sounds, lights, smells, tastes • Which social situations they are comfortable in and which they find uncomfortable • If they benefit from a structured day and if they need support to create that structure • If they benefit from a quiet space as a retreat if they become overwhelmed from sensory or communication issues It is really important to remember every autistic person is an individual and we cannot assume we already know what works best for them. Also, every autistic person will have their preferred modes of communication. We need to find the best way for them to communicate to us what their aspirations in adulthood are and what support they might need to achieve those aspirations. In this way, autistic young people have a better chance of a smooth transition into adulthood.
