Coronavirus social care and safety

Early in the Covid-19 crisis the Coronavirus Act created the power for local authorities to relax some of the rules around social care.  In practice this power was not used locally so the usual law and rights around social care still apply, although social care services are under additional pressure. We are still giving information about this power here in case a second wave of the virus changes the local position dramatically.

A local authority can only make use of this relaxation of the rules if that LA is so short of staff or overwhelmed by demand that complying with all their usual duties under The Care Act is “no longer reasonably practicable” and “to continue to try to do so is likely to result in urgent or acute needs not being met, potentially risking life”. The duties that could then be relaxed mostly apply to adults and carers not to children. If adult social care activate this permission to relax some Care Act duties they will still have to make sure that the care people receive is enough to prevent a breach of their Human Rights. This does mean that existing care packages for over 18s could be changed or reduced, although the government guidance is clear that the person concerned (and carers) should be consulted as part of any decision to revise a care package.

The government has made it clear that this is not intended to mean people who need care stop getting it. They expect all LAs to keep doing the right thing. But it does recognise the pressure that the coronavirus is putting on social care and allows for LAs to focus on the most urgent needs and most vulnerable people if things get really tough.

Specialist Community Disability Service (SCDS) staff are working from home but trying to provide a normal service as far as possible. Read more about SEN interim arrangements in Brighton & Hove here The left hand menu has a link about SCDS.

If you have an allocated social worker they will contact you by phone to provide updates and to check in with how you and your family are doing. If you don’t have named worker the Intake duty system can offer support and advice. Phone: 01273 295 550 or email SCDS@brighton-hove.gov.uk

SCDS are continuing to monitor direct payments. Advice is still available from People Plus. If you have a problem with your current Direct Payments package, for example your PA may not be available, contact your Social Worker or Early Help Worker/Social Work Resource Officer. It may be possible to use your Direct Payments in a different way in the short term but you must contact your worker before making any changes to how you use your Direct Payments package. There is more detail about DPs and PAs below.

Drove Road and Tudor House (BHCC children’s residential respite centres) remain open for overnight respite, but they are affected by the need to keep children distanced and the availability of staff. There may come a time when this provision has to cease due to staff shortages and families needing to self-isolate, but the team will keep these services open as far as possible. If the centres do close the local authority will try to offer other options for short breaks like additional direct payments or support from outreach and social work staff.

ISEND Social Care teams are working from home but offering as close to a normal service as possible. Social workers in ISEND Social Care are continuing to respond to parents and assessing their needs on an individual basis. They are mostly doing this over the phone. All children’s social care services have been told to identify the children most at risk at this time and concentrate on them. Other more routine work may need to wait, but the ISEND social care team say they have mostly been able to find ways to respond to the particular challenges and queries from families of disabled children that are arising during the coronavirus pandemic.

If you don’t have a named worker in the children’s disability service, there is central ESCC contact point for all queries relating to Children’s Services and provision in the current difficult situation. Email cs.customerrelations@eastsussex.gov.uk or call 0345 60 80 192 (10am-3pm).

Your child’s PAs can still work as usual as long as they are not sick or self-isolating, unless you decide that it is safer for your household that they do not. As paid carers they are considered essential workers.  This also means that they can be tested for Covid-19. Find out how to get tested for Covid-19 here.  In East Sussex the council will help PAs arrange a test if they meet the criteria which they explain here. NHS Test and Trace expect to roll out regular rapid flow tests for health and care workers including PAs soon. We will update this when we know more.

You may need to provide your PAs with Personal Protective Equipment (PPE), for example if they do personal care.  If you can’t get this from your usual supplier, in Brighton& Hove there is a an online route to request this but only if you meet certain criteria   and in East Sussex  ESCC have information about PPE on their website with a couple of options including a form to request an emergency supply from the council and a small grant scheme towards the cost of PPE. Well Child, the national charity for sick children is offering help with PPE.

Frontline health and care workers are a amongst the first people being offered Covid-19 vaccination. PAs funded through either continuing healthcare or social care direct payments are included by this and so are in priority group 2 for vaccination. There is more information on the Sussex Health and Care Partnership page on vaccination for the health and care workforce. Carers in care homes for the elderly should all be vaccinated by late January. They expect to be able to vaccinate all other health, social care and care workers by mid-March.

The government have provided some  guidance and FAQs about PAs and DPs which cover many of the questions parents have about DPs and PAs in the current crisis, including when PPE is needed. There is some information from People Plus who provide the PA support service in both East Sussex and Brighton & Hove this includes what you need to know about statutory sick pay if your PA is sick or self-isolating, why furlough does not apply to employees paid for from DPs and the options for paying your PA even if you feel it is safer for them not to come to your home at the moment. A good source of more detailed advice is from Mark Bates Ltd who are an insurance company frequently used by parents who employ PAs

 If your usual PAs can’t come to you currently, it is possible that you could use Direct Payments to pay family members instead.  The regulations about the use of DPs say they can’t be used to pay close family members living in the same home unless the local authority decides it is “necessary” to do so. In the current circumstances it is more likely that the LA will agree this kind of arrangement, at least temporarily. You must get agreement from your social worker first and get advice about the employment law implications of transferring funding over from an existing paid PA to a family member. Note that if your DPs come from health rather than social care because you get Continuing Health Care funding, the position is slightly different as the law says a CHC direct payment cannot be used to pay a family member or friend who lives in the same household to provide services unless this is set out in the care plan, so you would need to to request and negotiate a change to their care plan. Contact your care coordinator as a first step.

If you think there are things you could buy that would make it easier to care for your child at home in the current difficult circumstances, talk to your social worker. The Children Act 1989 gives LAs the power to give direct payments to purchase equipment. In the current crisis it is reasonable to ask them to be flexible about how to meet the needs of disabled children. Using direct payments imaginatively may be part of the solution. But be sure to get agreement before you pay out for anything that is not in your current DP plan, even if you have the funds in your DP account. In practice social care may come up with another way to fund a reasonable request.

If you are worried about how to cope if you are without your usual help from PAs you should let your social worker know, particularly if any part of your agreed social care support package is not happening as normal e.g. if your child’s PA becomes ill or is self-isolating and you have not been able to find a replacement.

The national lockdown from January 2021 has changed the position again for childcare and respite services.  This information is based on the initial guidance. We will update this with more detail as this become available.

Most short break and respite services had got back to offering parents a break and good experiences for children and young people, even if not with exactly their usual arrangements or number of sessions.  Guidance from government under the four tier system was that childcare and respite services could stay open, with suitable measures to be Covid-safe, in every tier. Now we have a national lockdown again, respite can continue along with informal household support bubbles. Some childcare continues, including informal childcare bubbles.

Early years settings are still open. School age children can also continue to use childcare if they are vulnerable (this includes children with EHCPs) or if their parents are keyworkers. Households with a child under 14 can form a childcare bubble with another household (see below). Households that include a disabled child are amongst those that are allowed to also form a support bubble (see below).

Leaving home to provide care to a disabled person or to go to respite care are exempt from the “stay at home” rules. Children and young people can go to respite and can have carers come to their home or take them out. The guidance says you can meet others from outside your household, childcare or support bubble in order to provide care or assistance to someone vulnerable, or to provide respite for a carer. This means more informal respite arrangements can continue as well as use of PAs and short breaks services. 

Most families rely on a mixture of care and leisure activities as well as or instead of more formal respite or direct payments. Normally these give parents a break and create fun for children and young people. It has been tough for families when these have been cancelled or reduced due to Covid-19 and a relief when they started up again this autumn.  Under the new national lockdown most leisure, sport and entertainment venues are closed again and groups and activities for children and young people have stopped.  Outdoor playgrounds and the outdoor parts of parks, gardens and heritage sites can stay open. Organised outdoor sport for disabled people is allowed.  Youth activities for under 18s can carry on if they are support groups, but most youth clubs and groups need to stop for the time being.

Informal childcare for children under 13 can continue but only through forming a childcare bubble. A childcare bubble is where one household links with one other household to provide informal childcare to a child or children aged 13 or under. They can provide the childcare in either or both of the two homes or elsewhere. You can drop off and settle your children but not use this as a way to get around the rules about not socialising indoors. This is separate from forming a support bubble (see below). You can have both a support bubble and a childcare bubble. To find out more about who can have a childcare bubble and how, read the guidance on childcare bubbles.

Brighton and Hove use the search facility on the Family Services directory to find out about childcare and playschemes.

East Sussex has information on the Local Offer about activities and childcare during coronavirus.

 The government guidelines about what you can do during coronavirus have changed a few times now. From 5 January we are back in a national lockdown, but the rules are not the same as they were in either the long or short lockdowns last year.  You can read the most up to date guidance on the lockdown rules  but we have pulled out the most important bits for parent carers. We will update this information as more detail comes out. Overall the instructions are to stay at home and socially distance as much as you can. You can go out for exercise, to do essential shopping, to take children to school or childcare if they are still eligible to go, to go to medical appointments or to work/volunteer if you really cannot work from home. All but essential shops are closed and eating places can only offer takeaways.

You cannot meet or socialise indoors other than with members of your own household and anyone in your support bubble (if you are entitled to form one). There are exceptions around caring for someone who needs this, childcare and respite (see above).

Outdoors, you can’t meet in your garden or most public spaces. You can take exercise only once a day in your local streets and in open spaces near you (parks, playgrounds, public gardens, in the countryside and at the beach) unless you need to go out more than once a day for health reasons. The guidance says that if you (or a person in your care) have a health condition that routinely requires you to leave home to maintain your health then you can go out more frequently. This can be alone or with members of your household/support bubble or with just one other person from another household. You can only be outdoors in a group larger than 2 if you are all from the same household, support or childcare bubble. But children under 5, and up to 2 carers for a person with a disability who needs continuous care, are not counted towards this limit of two people from different households for exercising outside. Everyone is expected to stay in their local area but you can travel within your local area if you need to, for example to find a safe outdoor space for your child or young person.  Again the guidance is that you can travel beyond your local area to exercise outdoors if you need to due to a health condition. You should carry evidence with you to show your child or young person is covered by these exceptions to the once a day, two people and stay very local rules. Amaze have produced a letter for this purpose and this has been shared with Sussex Police. Download the Letter for exercising during lockdown here.

If you are out for essential reasons the advice continues to be to avoid crowds, only use public transport if this is absolutely necessary, keep up with handwashing and stick to the two metre rule. Bearing in mind about 1 in 3 people with coronavirus have no symptoms and can pass it on without realising they have it, we should all follow the advice about social distancing.

Mencap have an easy read guide to the lockdown rules from January.

People must wear masks on public transport or may be subject to a £100 fine. Masks are also required in shops and any other public indoor spaces that are open. There are several exceptions, including:

• Children under 11 (masks are optional for 3 to 11 year olds, and under-3s should not wear face coverings)
• If you have a disability or health condition that means you cannot wear masks, or it would cause you severe distress to do so
• If you are travelling with someone who relies on lip reading to communicate

View the full list of exemptions here.

If you have a child over 11 with a hidden disability it would be wise to carry proof in case you are challenged, for example, your Compass Card or DLA letter. You can also download a card to print or keep on your phone to easily communicate that you or your child are exempt from the face covering rules. Amaze has created two designs for children and young people to choose from:

Press and hold on the image for the option to download to your phone. If you want to print a copy to carry with you, download both designs here [pdf 63kb].

The government has now produced some national exemption badges or cards that can be downloaded onto a mobile phone or printed.

Here is an Easy Read guide to wearing face coverings on the bus [.doc 334kb] from Brighton & Hove Speak Out.

If you are looking for a mask with a clear panel to help with communication or lipreading, one source is the not for profit online shop for disabled children Fledglings.

If your child normally spends time in another household with another parent e.g. your ex-partner, they can still do this.  See this page from Rights of Women for more details especially if you and your ex-partner are not in agreement. It is also permitted for those households to form a support bubble with another household (if they meet the rules for this – see below) and for families with children under 14 to form a childcare bubble.

If grandparents and other relatives normally help with childcare, this can continue if you can form a childcare or a support bubble with them.

 The rules about who can form a ‘support bubble’ with one other household changed on 2 December to make them wider. These rules have not changed during the new national lockdown. You can form a support bubble with another household of any size if:

• you live by yourself – even if carers visit you to provide support
• you are the only adult in your household who does not need continuous care as a result of a disability
• your household includes a child who is under the age of one or was under that age on 2 December 2020
• your household includes a child with a disability who requires continuous care and is under the age of 5, or was under that age on 2 December 2020
• you’re age 16 or 17 living alone or with others of the same age and without any adults
• you are a single adult living with one or more children who are under the age of 18 or were under that age on 12 June 2020

All those in a support bubble can act as if they live in the same household. They can spend time together inside each other’s homes including staying overnight and do not need to stay 2 metres apart. You have to choose just one other household. If at all possible they should be local to you. You can’t switch the household you are in a bubble with or connect with more than one other household. This is separate from forming a childcare bubble (see above under “informal childcare” ). You can have both a support bubble and a childcare bubble. Find out more about who can form a support bubble and how here.

 Many children and young people will be online more than usual during lockdown. Using the internet for learning and keeping in touch with family and friends is a positive. And the challenge of caring for your child with SEND at home and mostly indoors, alongside getting other things done and having enough time for yourself to stay sane, means resorting to devices and the distractions on offer online is fair enough. But it is worth checking they are as safe as they can be.

Here’s some good advice about online safety from Childnet

There most comprehensive and up to date advice specifically for parents of children with SEND is from internet matters.

The Children’s Commissioner has also produced a digital safety guide for parents and one for children and young people 

There have unfortunately been reports that some fraudsters have been using covid-19 to scam people in a variety of ways. While we are all at risk from scams like these, your child’s additional needs may make them particularly vulnerable. If they have a mobile phone or use email, make sure they know how to avoid getting tricked:

Coronavirus vaccination scam alert

Some people are receiving fraudulent calls and text messages offering the Covid-19 vaccination. In some cases, people are asked to press a number on their keypad or to send a text message to confirm they wish to receive the vaccine. Doing so is likely to result in a charge being applied to their phone bill. In other cases, callers are offering the vaccine for a fee or asking for bank details.

The vaccine is only available from the NHS and the NHS will contact you when it is your turn. At present, appointments are only being offered to the public over 80 years old.

The NHS will:

NEVER ask you to press a button on your keypad or send a text to confirm you want the vaccine. NEVER ask for payment or for your bank details.

For more about coronavirus vaccination visit our page on Covid and Health

Track and Trace tips

Police and Trading Standards have provided some guidelines around Track and Trace, to help you feel confident you’re in contact with the right people.

Genuine contact tracers will:

• contact you by sending you a text message from ‘NHS’, calling you from 0300 013 5000 or by email
• ask you to sign into the NHS test and trace contact-tracing website: https://contact-tracing.phe.gov.uk
• ask for your full name and date of birth, and your postcode
• ask about any coronavirus symptoms you’re experiencing
• ask for the name, telephone number and/or email address of anyone you have had close contact with in the two days prior to your symptoms starting
• ask if anyone you’ve been in contact with is under 18 or lives outside of England

They will never:

• try and get you to dial a premium rate (09 or 087) number to speak to them
• ask you to make any form of payment or purchase a product of any kind
• try and get you to download any software to your PC, or ask you to hand over control of your PC, smartphone or tablet to anyone else
• ask you to access any website other than the contact-tracing website (https://contact-tracing.phe.gov.uk)
• try and get any details about your bank account
• ask you for any passwords or PINs
• try and get you to set up any passwords or PINs over the phone
• ask for your social media identities or login details, or those of your contacts
• offer any medical advice on the treatment of any possible coronavirus symptoms

Reporting scams

If you suffer from fraud due to a scam like this, report it to Action Fraud.

The National Cyber Security Centre has also asked for people to forward anyone phishing attacks they receive (where someone pretends to be a reputable organisation to try to get your personal information) to them at this email address: report@phishing.gov.uk . Where the victim is vulnerable, report it to Sussex Police online or by calling 101.

 More time at home together may be a happy thing for some families but the reality for others is that brothers and sisters of disabled children may be finding it hard. They may be being more of a carer than usually, getting less attention from you and perhaps struggling with their sibling’s behaviour towards them. National charity Sibs have good advice for parents and siblings including an online chat forum they can join.

In Brighton & Hove the Young Carers project at the Carers Centre may be able to offer some online support for siblings now taking more of a caring role. Parents can refer their own child to this service at the moment using their online young carers referral form and put ‘parent’ in the ‘professional agency’ box on the form.

In East Sussex, the Sibling Service are offering groups and activities online. Email them to find out more Sibling.Service@eastsussex.gov.uk

Staying at home and isolating yourself and your family isn’t easy for anyone, but it is particularly difficult if you are living with someone who may hurt or abuse you.  If you need to leave home to escape domestic abuse you should still do this.

If you are subject to domestic abuse, you are not alone, there is help available. For advice and support contact The Portal on 0300 323 9985 or via The Portal website.

If you are in immediate danger, or suspect someone else is, call 999.

If you are unable to talk, call 999, listen to the operator and then either press 55 on a mobile, when prompted, or wait on a landline to be connected to the police, who will be able to help.

For more advice and support, in East Sussex visit the Safe in East Sussex website  and in Brighton & Hove try this page from COVIDBrighton 

 Families are dealing with a lot at the moment – missing normal activities, worries about coronavirus, things being different at school, not getting a break from each other. This all adds up to quite a challenge for children and parents. Many families are finding that it is tough and your parenting skills may be being stretched to the limit. There is no easy answer but some things will help. Triple P have a good summary of the common sense things we all need to do as parents at the moment or watch their Triple P videos here and the tips from the National Autistic Society are useful for many children.

East Sussex : If your child is already connected with a worker at an ISEND service for example from the CLASS or ESBAS teams, they may be able to offer advice to you at home now. Open for Parents have helpful parenting advice and information on their website  and they are sharing ideas on their OpenforParents Facebook page.

The ISEND helpline for parent carers of children with SEND run by educational psychologists reopens on 18 January in response to the new lockdown. Any parent of a child or young person with SEND can call the ISEND telephone number 01273 481967 at any time and leave a message saying that you would like to talk to an EP. Your child does not need to have an EHCP. ISEND educational psychology service have written a guide for parents about emotional wellbeing that you can use to help your child manage the emotions that can lead to tricky behaviour.

Brighton & Hove: If your child is already connected with a worker at BHISS for example from the autism or the SEMH teams, they may be able to offer advice to you at home now. The Integrated Team for Families are providing virtual support to families via Family Coaching. Front Door for Families and the Parenting Team are offering support and advice. Find their contact details here.

Amaze are restarting our our Triple P Stepping Stones courses for parents of children with SEND. Contact the SENDIASS helpline to ask about this.

Challenging behaviour is often interlinked with anxiety and stress so you may also want to look at the information about mental health services in our Coronavirus and Health section.  If your child has severe learning disabilities and behaviour that challenges you may find this ‘Advice on supporting children with severe learning disabilities’ and this ‘Supporting your loved one’ info sheet from the Challenging Behaviour Foundation useful. If sleep is becoming an issue try these sleep tips.

Obviously every parent aims first to help and support their child with their behaviour, but even if their behaviour is intertwined with their learning disability, neurodevelopmental condition or mental health need, there is a point when you have to consider the safety of those around them. The additional strain of the current coronavirus situation may be a tipping point.

If you have a named worker  from the Specialist Community Disability Service (BHCC) or ISEND Children’s Disability Service (ESCC) you should contact them if your child’s behaviour is becoming a challenge to manage at home during lockdown. If you are not under one of these services call Front Door for Families in Brighton & Hove on 01273 290400 (out-of-hours 01273 335905) or SPOA in East Sussex on 01323 464222 (out-of-hours 01273 335906). Do this urgently if you or other children in the house are at risk as a result.

In an emergency situation you can and should call the police via 999.

The government has issued guidance for family carers.  It outlines what to do if the person you care for has symptoms. And it emphasises the importance of writing an emergency plan just in case you are unexpectedly unable to continue caring at some point during the pandemic. Carers UK have good tips about how to plan for emergency care.

As part of this planning make sure you have an up to date Hospital Passport or This is Me Care Passport for your child or young person. You could also prepare an NHS Covid-19 grab and go guide for them to be ready in case they need health services during the pandemic.

The Carers Hub for Brighton and Hove is still working to support carers locally, switching services to phone, email or online

Care for the Carers is still working to support carers in East Sussex, switching services to phone, email or online  and has information about extra support from other carers organisations across the county at this time, like this example.