Hi there,
I’m one of the information and advice officers on the learning disability helpline. We do hear from families in similar situations and I have some brief information for this post, but do contact the helpline on 0808 808 1111 if you need more in depth advice.
If your son wants to move to accommodation in a different local authority, for example to be close to you, it’s important to involve the original local authority in the care planning process and the decision to move.
However, if both local authorities are involved they must follow the legal framework set out in the Care Act 2014 when someone who has care and support needs moves to a new area.
20.2 Where the person chooses to live in a different local authority area, the local authority that is currently arranging care and support and the authority to which they are moving must work together to ensure that there is no interruption to the person’s care and support.
The bottom line is your son’s latest assessment of needs and how any eligible needs may be met. It’s a good idea to clearly state your son’s case to both local authorities and the reasons for his wish to move. It’s always good to do this in writing so that you have a paper trail of documented records of correspondence.
The local authorities will look at where your son is ‘ordinarily resident’ when they work out which of them has responsibility to fund his social care support.
The statutory guidance for the Care Act is on this link: www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance
Inter-authority moves and continuity of care is addressed in chapters 19 and 20.
Of course you also need to be sure that your son has the mental capacity to make this decision to move and that it is what he wants to do. There is more information about people’s rights and decision making here: www.mencap.org.uk/advice-and-support/mental-capacity-act
When it comes to finding a particular care provider or support service for your son, most local authorities will have a list of services on their website.
You might also be interested in the directory of services on the National Autistic Society website: https://www.autism.org.uk/services/helplines/directory.aspx#
I hope that helps in your planning!
Margaret