My Lords, I accept that that is a problem in many cases and it needs to be addressed. It should be addressed satisfactorily by the government amendments in combination with guidance, which I am about to refer to.
To prescribe the age thresholds proposed would run the risk of failing young people and their families by creating a system that is run according to the age of an individual, rather than according to what is best for the individual at a given time in their life. I remain absolutely committed to ensuring that the question of when to assess a child, carer or parent carer is further addressed in guidance. This will do justice to the broad range of needs and circumstances of young people and their families at the point of transition. Guidance will be developed with the involvement of stakeholders.
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I turn to Amendment 89B, which concerns a number of elements of transition planning. In response to proposed new subsection (8), I simply say that provision
that the plan must run until the age of 25 is not appropriate because it does not take account of whether this is appropriate for each individual and would create a blanket rule irrespective of the individual’s needs and wishes. We agree that information and planning are crucial. They form the cornerstone of these provisions. Clauses 59, 61 and 64 already provide that the information provided will include an indication of whether they are likely to be eligible, and advice and information about what can be done to meet any needs and about what can be done to prevent or delay the development of needs.
The noble Lord and the noble Baroness seek additional detail in the Bill. The clauses, as drafted, are focused on the outcomes that the individual wants to achieve. I will address some of the particular concerns in turn. First, I can give a commitment, as I confirmed in Committee, that outcomes may include employment, education or housing. Further, the Bill already specifies that the individual must be involved in the assessment. However, details about the name of the document arising out of this assessment, what its contents should be and the practicalities of its preparation should not be prescribed in the Bill but will be addressed in guidance. Statutory guidance will provide clear direction to local authorities about how we expect them to exercise this function.
The noble Lord and the noble Baroness are concerned about co-operation between agencies and about the link to education, health and care plans. My noble friend Lady Gardner also expressed concern around this. The Bill and the Children and Families Bill include provision that assessment can be joint, including for joined-up assessments in relation to an education, health and care plan. Practical questions about how to achieve a joined-up approach will be addressed by the guidance supporting the Care Bill, informed by learning from the pathfinders that have been exploring how best to streamline the assessment process, putting families and young people at the centre.
I reiterate that where a young person over the age of 18 has an EHC plan and, as such, the “care” part of that plan is provided under this Bill, we expect co-operation between adult and children’s services in relation to any review of the plan. Co-operation with the preparation, maintenance and review of the EHC plan, as provided for by the Children and Families Bill in respect of children, would be required by Clause 6(3), which sets a clear duty on the local authority in this respect, and by Clause 6(5)(c), which underlines that this duty relates to transition cases. Guidance can be used to ensure that this is clear.
I add that requiring a local authority to make arrangements to secure provision for children and young people with a transition plan is not appropriate or necessary. Services to children cannot, and should not, be provided under this Bill—children’s legislation provides for this. Services to young people over the age of 18 would be provided, if necessary, under provisions earlier in Part 1.
I am keen to respond to my noble friend Lady Gardner, who asked me whether the local authority has to consider the parent carer in the kind of situation that she outlined. Yes—Clauses 60 and 61 provide the
duty to assess this group of people in a similar manner to young people with needs and young carers. I have a note setting out the clear links between this Bill and the Children and Families Bill. If it would help my noble friend, I would be happy to send it to her. However, it is rather lengthy and I hope that she will forgive me if I do not read them all out.
I trust that I have provided some reassurance on these issues and that the noble Lord will feel able to withdraw his amendment.