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DOCUMENT 2
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Practice Guide – Children at risk of
requiring accommodation outside
the family home
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Contents
Practice Guide – Children at risk of requiring accommodation outside the family home .......... 1
1.
Purpose ...................................................................................................................... 4
2.
To be used by ............................................................................................................. 4
3.
Scope .......................................................................................................................... 4
3.1 Out of scope ............................................................................................................ 4
3.2 Guiding overarching statements .............................................................................. 5
4.
Identifying if the child’s living arrangements are at risk ............................................... 5
4.1 Child characteristics................................................................................................. 5
4.2 Family characteristics .............................................................................................. 6
4.3 Indicators ................................................................................................................. 6
4.4 Joint decision making between the Agency and states and territories ..................... 7
5.
Early intervention supports ......................................................................................... 7
5.1 Early childhood participants (under 7 years of age) ................................................. 8
5.2 Crisis response ........................................................................................................ 8
6.
Child representatives and guardians ........................................................................... 9
6.1 Parental child representatives ................................................................................. 9
6.2 Other child representatives ...................................................................................... 9
6.3 Self-representation .................................................................................................. 9
7.
Pre-planning................................................................................................................ 9
7.1 Verifying identity and recording consent .................................................................. 9
7.2 Pre-planning checklist ............................................................................................ 10
7.3 The planning conversation ..................................................................................... 10
7.4 Participant goals .................................................................................................... 12
7.5 Streaming .............................................................................................................. 12
7.6 Family Outcomes Questionnaire ........................................................................... 13
8.
Planning .................................................................................................................... 13
8.1 Core supports ........................................................................................................ 13
8.2 Capacity Building supports .................................................................................... 15
8.3 Safeguards ............................................................................................................ 17
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8.4 Capital supports ..................................................................................................... 18
8.5 Transition planning for children aged 16-17 requiring early interventions supports.
18
9.
Case examples ......................................................................................................... 19
9.1 John ....................................................................................................................... 19
9.2 Outcome ................................................................................................................ 20
9.3 Michael .................................................................................................................. 20
10. Plan management ..................................................................................................... 21
11. Plan implementation ................................................................................................. 22
11.1 Handover to support coordinator ........................................................................ 22
11.2 Plan monitoring .................................................................................................. 23
12. Supporting material ................................................................................................... 24
13. Feedback .................................................................................................................. 24
14. Version change control ............................................................................................. 24
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1. Purpose
The purpose of this Practice Guide is to support you to identify and plan (first plan and
review) for the child participant (child) who is at risk of requiring accommodation outside the
family home due to their high disability support needs.
This is not a standalone document and should be used in conjunction with the following
planning resources:
• Practice Guide – Participants Streamed as Intensive or Super Intensive
• Practice Guide – Complex Support Needs Pathway
• Practice Guide – Children Living in a Formal Voluntary Arrangement Outside Their
Family Home
• Practice Guide – Determine Reasonable and Necessary Supports
• Standard Operating Procedure – Determine Reasonable and Necessary Supports
• Practice Guide - Positive Behaviour Support and Behaviours of Concern.
2. To be used by
• Plan Developers
NDIS Planners
NDIS Partners in the Community (Early Childhood Partners and Local Area
Coordinators [LACs])
• NDIA Plan Delegates.
3. Scope
At any point in time, a small number of children are at risk of being unable to be cared for at
home by their parents due to their high and complex care needs or challenging behaviours
arising as a result of their disability.
3.1 Out of scope
For children at risk of requiring accommodation outside the family home as a result or risk of
abuse, neglect and/or family violence, do not use this Practice Guide. The responsibility to
provide support to maintain the family unit and/or to seek alternative accommodation for the
child lies with the child protection agency of the state or territory that the child resides in.
If you identify a child at immediate risk of harm refer to the Participant Critical Incidents page
of the intranet. To refer the child to the Complex Support Needs (CSN) Pathway refer to
Standard Operating Procedure – Referral for Complex Support Needs.
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3.2 Guiding overarching statements
• It is in the best interests of children (including those with disability) to remain in
their family home for as long as possible up to the age of adulthood (where safe to
do so).
• Memorandums of Understanding (MoUs) between the Agency and each state and
territory highlight the importance of upfront investment at the earliest points
possible to prevent the need for children to live in accommodation outside their
family home.
The MoUs outline agreed roles and responsibilities, including in relation to NDIS
funded early intervention supports.
• Reasonable and necessary NDIS funded disability supports are available to the
child irrespective of where they live.
• NDIS funded supports are generally portable when the child moves to a new
setting, however, a change in accommodation arrangements may trigger a plan
review to account for the different circumstances (especially in relation to informal
supports).
4. Identifying if the child’s living arrangements are at
risk
The reasons a child is placed in accommodation outside the family home may vary and are
usually a combination of factors unique to the child and their family. The sections below
highlight some high level characteristics and indicators which could impact a family’s ability to
care for their child in the family home.
4.1 Child characteristics
• Severe and complex neurodevelopmental disability (typically Autism Spectrum
Disorder II or III and/or intellectual impairment) where there are:
Escalating complex and challenging behaviours that put themselves, other
people or property at risk of harm/damage.
Significant functional impacts across all domains, and particularly
communication and learning (for example often non-verbal); escalation of
behaviours of concern. This may often occur when the child is approaching
puberty.
• Severe and complex physical impairments with moderate to severe intellectual
impairment as well as disability-related health care needs requiring high levels of
one-on-one care (for example PEG feeding; continence issues; full
assistance/prompting with eating, dressing, bathing, toileting).
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• High levels of service coordination are often required, across multiple service
types.
4.2 Family characteristics
• Large families or single parent carers are overwhelmed by the support needs of
their child and/or other family members (including other children), who may also
have a disability or complex health needs.
• Parents are experiencing relationship distress and/or breakdown.
• Parents’ capacity to provide care diminished as a result of ageing, disability and/or
poor physical and mental health.
• Parents are experiencing social isolation and do not have a network of family and
friends for support.
• Parents have limited access to appropriate services due to rural or remote location
or availability of appropriately qualified approved providers.
• Family has siblings with or without disability and expresses concern about the
impact of the child’s support needs or behaviours on other siblings.
4.3 Indicators
• Escalation of behaviours of concern. This may often occur when a child is
approaching puberty.
• Parent has multiple caring responsibilities and is overwhelmed by support needs
of their child and/or other family member.
• Parents are experiencing stress and exhaustion.
• Parents are experiencing relationship distress and/or breakdown.
• Deteriorating physical or mental health of parent.
• Parents are experiencing financial hardship and distress.
• Parents are experiencing increased social isolation and reduction of informal
support from family and friends.
• Parents have limited access to appropriate services due to rural or remote location
or availability of appropriately qualified approved providers.
• Family has siblings with or without disability and expresses concern about the
impact of the child’s support needs or behaviours on other siblings.
• Family has significant change in circumstances which impacts on the family’s
ability to support the child in the family home e.g. death of a parent.
• School attendance (increase in non-attendance or suspensions).
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• Repeated social admissions to hospital.
• Increased request for or use of short term accommodation (respite).
• Plan underutilisation, particularly when a behaviour support plan has been funded
but no funds have been used.
• Requests for unscheduled plan reviews.
These indicators must be used as a guide only and are to be considered alongside
information shared with you by the child and their family during the planning process.
Children and families wil not be required to meet these indicators in order to receive early
intervention supports and not all families meeting these indicators wil require early
intervention supports.
4.4 Joint decision making between the Agency and states and territories
The Party who first identifies the child who is likely to require accommodation outside the
family home wil , with the parents’ consent, share this information with the other Party. The
relevant state or territory agency and the NDIS Children and Young People team will meet to
discuss and agree if the child is in the early intervention and prevention cohort outlined in the
MoUs, based on the characteristics and indicators described in section 4.
Once all Parties agree that the child is likely to require accommodation outside the family
home in the future, the Agency wil consider if the plan needs to be reviewed. The child and
their family will also be formally referred to the state or territory for case conferencing and
mainstream supports.
5. Early intervention supports
Where the child is identified as being at risk of not being able to continue to live at home you
must take an early intervention and preventative approach to support the family to continue to
care for the child.
The early intervention and preventative approach aims to put the right disability-related
supports in place to increase the capacity of the child and their family. This should help the
child and their family to remain living together and reduce or remove the risk of the child
moving into a voluntary out of home living arrangement. As the child or young person is
formally agreed with states and territories as part of the Early Intervention cohort, states and
territories wil also provide connection to required mainstream supports for the child and their
family.
You must place the needs of the child at the centre of your decision making to provide
reasonable and necessary disability-related supports to support the family to continue to care
for the child in the family home. This may involve a short period of intensive supports
focussed on building the capacity of the family and carers.
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An Agency initiated unscheduled plan review may be required so that sufficient funding is
available for the child and family to access the necessary supports. This may be required if
there has been a significant change in circumstances or a critical situation has arisen which
impacts the safety and/or wellbeing of the child and/or carers. For example, the death of a
parent or escalation of behaviours of the child posing a threat to their safety and safety of
others.
Information below wil assist you to identify risk factors, gather the necessary information and
engage with planners in the Complex Support Needs (CSN) Pathway who will assist you in
determining the types of reasonable and necessary supports required to implement an early
intervention approach.
5.1 Early childhood participants (under 7 years of age)
Families/carers of children aged under seven wil work with an Early Childhood Partner in the
Early Childhood Early Intervention (ECEI) Pathway. In the rare circumstance that the child in
the ECEI Pathway is at risk of requiring accommodation outside the family home, the Early
Childhood Partner will remain as the child’s main NDIS contact (unless the child is streamed
Super Intensive).
The Early Childhood Partner wil collaborate with their state contact Assistant Directors ECEI
Practice to consider a referral to the Complex Support Needs Branch. Children are not
eligible for referral to the Children and Young People pathway until 7 years of age.
Consultation however can be provided to ensure the child and family receives the right early
intervention. Request for consultation can be directed to CSN Children and Young People.
5.2 Crisis response
If you identify a child experiencing a crisis, refer to the CSN Children and Young People
(CYP) team who wil respond. An example of a crisis is a parent refusing to pick their child up
from respite or hospital due to their high disability-related needs (not requiring child protection
involvement).
Note: the CYP team is not an emergency response team and do not work with children
where child protection is involved or required.
Use the referral process below at Consulting with or referring to a CSN children and young
people planner.
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6. Child representatives and guardians
6.1 Parental child representatives
In most cases parent/s wil be recorded as the child representative/s. When you add the
contact role of mother or father, the role of the child representative is created automatically in
the NDIS Business System (System). There can be more than one child representative. For
more information on determining who has parental responsibility see NDIS Act 2013 Section
75 – Definition of Parental Responsibility, NDIS (Children) Rules 2013 Part 4 and Operational
Guidelines – Child Representatives.
6.2 Other child representatives
There are limited circumstances where it may not be considered appropriate for those with
parental responsibility to represent the child for the purposes of the NDIS. For more
information refer to Standard Operating Procedure – Determine or Revoke a Child
Representative.
6.3 Self-representation
In some cases, the child may wish to self-represent. When determining whether it is
appropriate for the child to represent themselves, consider whether the child is capable of
making their own decisions under the NDIS Act. For more information refer to Part 7 of the
Operational Guidelines – Child Representatives.
7. Pre-planning
During pre-planning, information is gathered to support the planning process and ensure the
child has a high quality plan to allow them to achieve their goals and outcomes. This section
wil guide you through additional considerations for children at risk of requiring
accommodation outside the family home.
7.1 Verifying identity and recording consent
When having discussions regarding the child you must verify and record the identity of the
person you are talking to and ensure they have authority to provide formal consent and their
informed consent is provided.
Appropriate consent must also be recorded prior to giving information to or receiving
information from a third party in relation to the child or family. For more information and
guidance, refer to Standard Operating Procedure – Verify and Record Identity and Standard
Operating Procedure – Consent and Authority.
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7.2 Pre-planning checklist
• Add any relevant alerts to the System:
• Identify who has parental responsibility for the child and who needs to be involved
in the planning meeting or given the opportunity to contribute. For example, the
child, parent/s, guardian or other family members.
• Allow all parties who hold parental responsibility to have an equal opportunity to
contribute in the planning process. This may require sensitive questioning and
potentially separate meetings for shared parental arrangements.
• Check all contacts are entered correctly in the System.
• Understand and respect any cultural sensitivities or barriers to communicate
effectively with the child and their family. Refer to Practice Guide – Aboriginal and
Torres Strait Islander Planning Support and Practice Guide – Assisting
Communication.
7.3 The planning conversation
During the planning conversation, gather detailed and concise information regarding the
family situation, informal support networks and engagement with community and mainstream
supports. This is also an opportunity for the child / family to tell their story and voice their
goals and aspirations where possible.
You may obtain information which indicates a family may require additional supports to allow
them to continue to provide care for their child (See Identifying if a child’s living arrangements
are at risk).
Some families have more than one child with a disability living in their care. In these
circumstances use a collaborative planning approach with the family to allow the needs of all
children who are participants to be considered in the family context rather than in isolation.
Children at risk of requiring accommodation outside the family home are generally in complex
situations, highly vulnerable and multiple parties may be involved. You must remain impartial
and professional in all interactions with the child and their representatives.
If you have any biases or concerns related to the child’s situation and you feel it would be
difficult to work professional y with the child and/or their representatives, please discuss this
with your team leader to ensure a positive planning experience for al involved.
If you have any concerns about the child’s welfare or concerns regarding abuse, neglect or
family violence please refer this matter to your team leader as soon as possible for further
discussion and decisions on appropriate action required. See Critical Incidents and
Safeguarding.
The following points can support you to have a high quality conversation. Only use the points
below which are relevant to the child’s situation:
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• Questions should always be directed at the child where appropriate and where the
child is able to understand and respond to questions. When questions are not able
to be directed at the child they must be directed at the parent/s, child
representative/s or guardian.
• The parent or legal guardian is the child representative and MUST be included in
all conversations and decisions.
• Make note of any alerts or court orders regarding contact, for example, a domestic
violence order.
• At no time should a service provider or support coordinator be given any decision
making power in relation to the child’s plan.
• If the parent is identified as not being a suitable child representative refer to
Standard Operating Procedure – Determine or Revoke a Child Representative. Do
not continue planning without the child representative in place.
• Be aware this is a sensitive conversation and you are asking very personal
questions. You may feel resistance. Make sure the family understand this is a
confidential conversation and they can choose who does and does not attend the
meeting.
• Never presume to know what the family is going through or why they are unable to
care for their child.
• Encourage the family/carer to explain how the child’s disability is impacting their
capacity to care for their child.
• If this is a plan review conversation, discuss how supports in the current plan have
been used to support the child to remain in or return to the family home.
• Ask the family/carer to identify disability-related supports which they feel could
help them to care for their child.
• Refer to Disability Snapshots and the Disability Navigator for further guidance
relating to the child’s disability.
You must complete the Planning Conversation Tool (PCT) when planning for children at risk
of living outside the family home. Complete al sections of the PCT with as much detail as
possible to support the planning process and provide comprehensive information to the
delegate during the plan approval process.
Refer to Standard Operating Procedure – Planning Conversation Tool.
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7.3.1 Consulting with or referring to a CSN children and young people planner
If you identify the child is at risk of requiring accommodation outside the family home, discuss
with your EL1/EL2 who can seek consultation from the children and young people (CYP)
team. The CYP team will guide the direction of a potential referral and consult with the
relevant State or Territory to determine if the child meets the criteria for under the Early
Intervention MoU (memorandum of understanding) for inclusion in the CYP Pathway.
If the child does not meet the criteria you wil be provided consultation with a CYP planner to
support your decision making and make sure the child has the right disability related supports
in their NDIS plan reduce any risks of requiring accommodation outside the family home.
Follow the steps below to request consultation with a CSN CYP planner or referral to the
CSN CYP Pathway:
• record an interaction using the Refer to CSN Children and Young People for
referral or EI consultation template and assign the open interaction to the
CaYP/Children and Young people CRM inbox.
Important: CYP planners do not work with families where child protection is involved. If the
child has involvement with child protection please follow the guidance in the Standard
Operating procedure – Referral for Complex Support Needs to refer to the CSN Pathway.
7.4 Participant goals
When completing the Participant Statement and recording the child’s goals, family
engagement should be a primary goal, if appropriate. Goals must be achievable over the
course of the plan.
7.4.1 Goal examples:
• “I would like to continue to spend time with my family because having my family in
my life is important”.
• “I would love to go to school every day”.
• Sam would love to visit the beach and explore new social opportunities in his
community.
• “I would like to be understood by my family and those who support me”.
7.5 Streaming
Children at risk of requiring accommodation outside the family home may be in any of the
service streams depending on the complexity of their circumstances and the level of Agency
involvement required as they progress through the NDIS Pathway. These children should be
referred to the Complex Support Needs (CSN) Branch to ensure the child has supports in
place to increase the capacity of both the child and their family to remain living together as a
family and reduce or remove the risk of requiring living arrangements outside the family
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home. The CSN Branch wil then revise the child’s streaming value to ‘complex’. The
streaming value ‘complex’ is only for use by the CSN Branch.
The streaming of a participant may require review if there is a change in circumstances, such
as where early intervention is required due to the potential for the family caring arrangement
to breakdown.
7.6 Family Outcomes Questionnaire
The Family Outcomes Questionnaire in the System must be completed for children at risk of
living outside the family home. The responses wil allow the NDIS to see the impact
community, mainstream and funded supports in a participant’s plan are having on the family’s
capacity to care for their child over time.
Be aware that these questions were not designed with this cohort in mind and do not need to
be asked word for word. You should be able to gather the required responses as part of a
high quality planning conversation.
Refer to Standard Operating Procedure – Update the Outcomes Questionnaire.
8. Planning
Include reasonable and necessary disability-related supports in the child’s plan as guided in
the Practice Guide - Determine Reasonable and Necessary Supports. The guidance below
will give you additional considerations for funded supports when the child is living outside the
family home.
8.1 Core supports
Include core support funding in the child’s plan to provide support with:
• daily living skil s such as self-care, personal care (including for supervision of
behaviours of concern) and meal preparation
• access to social and community participation activities
• short term accommodation including respite to maintain informal supports
• social and community participation.
8.1.1 Short Term Accommodation including respite and supports which provide a
respite effect
Short Term Accommodation (STA) including respite is described as
- all expenses in a 24
hour period including assistance with daily personal activities, accommodation, food and
negotiated activities.
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Where it is identified the complex disability-related needs of the child means families and
carers require additional support to enable them to continue their caring roles, the inclusion of
STA including respite, may be a reasonable and necessary support.
For the child who has been identified as needing early intervention support due to the risk of
the caring arrangement breaking down, additional supports may be included in their plan
aimed at:
• preventing the deterioration of the child’s functional capacity
• reducing the level of support required in the future
• alleviating the impact of the impairment upon the child’s capacity to perform
activities
• improving functional capacity
• strengthening the sustainability of informal supports, including building the
capacity of the child’s carer.
The provision of respite and other supports which can provide a respite effect, such as social
and community participation, can be important to enable a family/carer to continue to
maintain care for their child. This may be particularly important in cases where an early
intervention approach is required to maintain a familial placement.
Capacity building and supports to increase the sustainability of the family/carer to continue to
care for the child should be funded alongside any respite. This may include:
• in home support (including for supervision of behaviours of concern)
• training to assist with implementing a behaviour support plan, for example
supporting the child to develop a sleep routine
• positive behaviour supports to address complex and challenging behaviours
• support for community access to allow the child and family to increase social
participation and reduce social isolation.
8.1.1.1
Typical use case
The typical use case is when STA is used as respite. This may be determined as reasonable
and necessary when a participant lives in the family home and where the family provides
substantial informal supports that would not be required if not for the functional impact of the
participant’s disability.
For typical use you can include up to 14 days at a time, not exceeding 28 days per year.
8.1.1.2
Specialist children’s use case
The specialist children’s use case refers to the situation where additional STA, in combination
with other capacity building and/or other supports, is determined as reasonable and
necessary because the child is at risk of entering residential care.
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When determining whether additional STA is reasonable and necessary, first consider other
NDIS support options aimed at sustaining informal care arrangements. For example, in-home
support, behavioural therapies and community access.
For specialist children’s use you can include up to 30 days at a time, not exceeding 60 days
per year.
8.1.2 Social and community participation
Where appropriate for the age of the child, support to participate in social and or community
activities without their family can provide a respite effect. A support worker can be funded, so
the child can enjoy age appropriate activities outside their family home with their peers. This
can be beneficial as it allows the child to build independence, provides a respite effect for the
family as the family has a break from caring responsibilities while increasing the child’s social
participation.
8.1.3 Maintaining current family support
Parents have a valuable ongoing contribution to make to the lives of their children and to
supporting their child to achieve their goals. You must respect the rights and dignity of
parents, promote their inclusion in the planning process and facilitate access to supports to
promote family engagement and capacity building.
8.2 Capacity Building supports
Include reasonable and necessary disability-related capacity building funded supports in the
child’s plan as guided in the Practice Guide - Determine Reasonable and Necessary
Supports.
The below wil guide you through the additional considerations for capacity building supports
when the child is living outside the family home or is at risk of requiring accommodation
outside of the family home.
8.2.1 Support Coordination
8.2.1.1
Coordination of supports
The role of the support coordinator is to assist with and strengthen the child’s (families) ability
to implement and coordinate the supports they require in their everyday life relating to their
disability. These supports include informal, mainstream and community supports as well as
NDIS funded supports. It aims to support a participant to participate more fully in the
community. Support coordinators should work alongside any mainstream supports in the
participant’s life (e.g. child protection case worker) to maximise outcomes.
8.2.1.2
Specialist support coordination
In cases where an early intervention approach is required, the appointment of a specialist
support coordinator may be required to assist the family to access and engage with the
supports and providers required to maintain care of their child.
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The role of a specialist support coordinator is to assist the child to manage chal enges in their
own support environment and ensure consistent delivery of service. This support is time
limited, focusing on specific outcomes such as:
• Identifying housing solutions to support a young person to transition to adulthood
including planning for the transition to independent living (if the child’s goal).
• Identifying strategies and solutions for managing risks such as school expulsion or
non-attendance over extended periods. This includes the coordination of family,
education and stakeholders to develop and implement programs and practices to
build relationships that link the child to learning/education.
• Identifying and sourcing relevant assessment and associated service design for
participants with risk behaviours and behaviours of concern (inclusive of restrictive
practice reporting to the NDIS Quality and Safeguards Commission).
• Participation in any case conferencing arranged by state and territory services if
there is a need to coordinate the participants disability supports with mainstream
services.
• Capturing and presentation of required data for the Agency.
Specialist support coordination should be included in the plan as a stated support unless
there are identified risks such as limited availability of specialist support coordinators in the
area. If it is likely that when the child may require accommodation outside their family home
in the near future and is receiving additional NDIS funding for supports on that basis, they wil
need specialist support coordination to help utilise that funding to access the disability
supports identified.
Refer to Standard Operating Procedure – Include Support Coordination in a Plan for further
information.
8.2.2 Behavioural intervention support
Some children may require supports to address behaviours of concern (risk to self or others
and/or 1:1 (or higher) funded supports that are greater than 30% of the day). Behaviour
intervention and support is a vital inclusion if there are behaviours of concern that are
impacting on the family dynamic to a point that the child is at risk of requiring accommodation
outside the family home.
You should include strategies to support behaviour intervention to build capacity within the
family and encourage family engagement for children at risk. In some cases, the behaviours
of concern are significant and have resulted in the child not being able to spend time with
family without high levels of support. Consider if behavioural supports can be included so the
child can remain living safely in the family home.
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These supports are recommended to:
• support the child’s safety and wel being
• promote options for increasing the child’s capacity, community and mainstream
connections to achieve plan goals
• ensure long term sustainability of the child’s plan and informal support systems.
As the child’s capacity increases over time, you would expect to see a reduction in the
intensity and level of 1:1 (or higher e.g. 2:1) supports (greater than 30%) however, this wil
depend on the individual circumstances.
It may be reasonable and necessary to include behaviour supports in conjunction with other
supports, such as STA for a temporary period, to allow a family/carer to continue to provide
care for the child. Concurrent supports may be a successful early intervention strategy for
highly complex situations where the child’s care placement is at risk of breakdown.
8.3 Safeguards
The NDIS Commission assesses behaviour support practitioners and providers using a
Positive Behaviour Support Capability Framework. This provides guiding principles to assist
in delivering specialist positive behaviour support as an NDIS behaviour support practitioner.
In all states and territories (excluding Western Australia), providers who use or are likely to
use restrictive practices, or who develop behaviour support plans (BSPs) must be registered
with the NDIS Commission and meet the supplementary requirements of the NDIS Practice
Standards and any use of restrictive practice must comply with the NDIS (Restrictive
Practices and Behaviour Support) Rules 2018.
What this means for children in this cohort is that where there are behaviours of concern and
restrictive practice, the child’s behaviour support specialist and providers of core supports
must be NDIS registered. Making parts of the child’s plan Agency-managed is one way of
guaranteeing a provider is registered.
Refer to Practice Guide – Positive Behaviour Support and Behaviours of Concern and
Standard Operating Procedure - Behaviour Intervention Supports.
8.3.1 Building family relationships and capacity
The plan may include disability-related capacity building and training for the child’s parents to
support their child to engage with the family. These supports can be particularly important
where there is risk of the family no longer being able to care for the child and the child
requiring alternate accommodation.
Capacity building supports can be included in the plan so the child remains living in the family
home:
•
Behavioural intervention supports: may already be in the plan and should
include development or review of a behaviour support plan, behavioural supports
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(for example support and assistance to establish positive sleep routines) as well
as training for family members.
•
Assessment, recommendation, therapy and/or training (including
assistive technology): for example, occupational therapy assessment and
training to identify equipment and train the participant and their family in the use of
the equipment in the family home.
•
Community access: providing personal care (including supervision of
behaviours of concern) to enable the participant to access the community.
•
In home support: where personal care support needs (including for supervision
of behaviours of concern) are above the needs of other children of similar age.
8.4 Capital supports
Include reasonable and necessary disability related capital support funding in the child’s plan
as in the Practice Guide - Determine Reasonable and Necessary Supports. The information
below will guide you through any additional considerations for capital supports when the child
is living outside the family home.
8.4.1 Home modifications
Consider any home modifications which wil increase the chances of the child being able to
remain in the family home. Refer to Practice Guide - Assistive Technology for further
information.
8.5 Transition planning for children aged 16-17 requiring early
interventions supports.
As a young person prepares to leave school and move to employment or day time
community activities, additional supports may be required to support them with their transition
from education. This transition may also involve:
• transitioning to the disability support pension (DSP)
• transitioning to independent living.
When planning for 16 -17 year olds with a goal to live independently once reaching 18 years
old you should:
• Establish if an independent specialist assessment wil be required if there is
unclear or insufficient evidence about the young person’s functional capacity or
current and future support need requirements.
• Determine the capacity building supports that wil develop independent living skills.
• Assess assistive technology and home modification needs in relation to any
changes in the young persons living arrangement. This can be funded in a young
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person’s plan and would be conducted by a qualified assessor, such as an
occupational therapist, registered nurse or psychologist who is independent to the
current provider’s process. It would be anticipated that specific questions would be
forwarded to the assessor, with this process being led by the support coordinator.
• Include an assessment for Specialist Disability Accommodation (SDA) and
Supported Independent Living (SIL) in the young person’s plan, noting that in most
cases it is in the best interests of the child to live in a family (or family like)
environment until they reach the age for independent living (18 years). Only in
exceptional circumstances should this be included for children 15 and under and
will require General Manager approval.
• Consider arrangements for the appointment of a plan nominee if required once the
young person turns 18 (as child representative roles wil cease at this point). In
some cases the child representatives wil become the nominee and in others they
wil support their child without being officially assigned as a nominee.
• Support the family to explore legal guardianship arrangements. While the NDIS
does not have a formal role in this process, it may be helpful to raise this issue
with the young person’s representative so they are aware of their options in this
area.
• Determine if transport funding (additional to school transport) may be deemed
reasonable and necessary if the young person is unable to use public transport.
• Consider if STA and assistance may be reasonable and necessary as part of a
formal transition plan to support the move to a new living arrangement. For
example, spending trial nights funded as STA (including respite) at the home they
will transition to, can support the young person to build capacity and prepare for
the transition.
9. Case examples
9.1 John
John is a 10 year old boy who has Autism Spectrum Disorder Level 1.
9.1.1 Planning meeting
At the planning meeting John’s father Dave provides the following information. John has
escalating behaviours of concern including violence towards other children and adults as well
as age inappropriate sexualised behaviours directed towards other children. Dave is a single
parent with responsibility for John as well as his younger brother Jeremy.
John has been suspended from school and is currently only able to attend for a maximum of
two hours per day. As a result Dave is unable to work and has lost his job. Dave tells the
planner that his life is all about his son John’s behaviour and he is not able to get any help or
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get out and spend time with friends or family. John’s previous plan was underutilised because
Dave was not able to find any behaviour support provider wil ing to support John.
9.1.2 Referral to CSN
With the risk factors identified above the National Delivery planner should consider a referral
to the Complex Support Needs Children and Young People Team for consultation, to
determine whether John can be referred as early intervention.
The Children and Young People team would consider whether John would benefit from being
formally recognised as part of the early invention cohort of children covered by the MoU
(noting this wil require agreement with the relevant state or territory authority). With Dave’s
consent the Agency would share information about John’s disability support needs and NDIS
funded supports and request that the state or territory government provide case coordination
and other mainstream supports to meet the needs of the whole family.
To meet John’s needs the planner would discuss with Dave the right mix of in-home personal
care (including for supervision of behaviours of concern), behaviour supports (including
training in managing disability-related behaviour for Dave) and respite (in the form of Short
Term Accommodation and age appropriate community access).
9.2 Outcome
In this example subject to discussion with Dave, funding could be included in John’s plan for
disability related personal care to help provide supervision of disability related behaviours of
concern. This funding may be included in John’s plan for in home personal care during the
school hours that John is not attending school for an initial period of time to allow a plan to be
put in place for John’s return to full time school.
John’s plan may also include funding for a disability support worker for a few hours after
school each day so Dave has time to prepare the evening meal for his family. Additional
hours may be funded in the evening depending on John’s sleep patterns.
A disability support worker can support John to participate (for example three hours weekly)
in a community activity with his peers on the weekend. Up to 30 days respite could be funded
if required to help stabilise John’s living arrangement.
Consideration would also be given to include the right amount of specialist support
coordination so John’s plan is fully utilised. The support coordinator can participate in case
conferencing and advocate for John’s return to full time schooling. This is irrespective of
whether John is accepted into the MoU early intervention arrangements.
9.3 Michael
Michael is aged 12 years and is diagnosed with Autism Spectrum Disorder Level 3 and an
unspecified intellectual disability. He lives with his mother and father and two sisters aged 13
and 7.
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9.3.1 Planning meeting
Michael needs a lot of support with daily activities including personal care, hygiene, eating
and drinking. Michael has behaviours which lead to significant stress on his family. Michael
attends school for four half days a week from 8:30am when he is picked up by school
transport. His mum picks him up from school at lunch time.
Michael does not attend school on Fridays. The support coordinator has submitted a Change
of Circumstances as the family are not coping and the current plan did not meet Michael’s
needs.
Michael’s current plan has utilised existing funding including limited supports of
approximately $40,000.
9.3.2 Referral to CSN
A referral was forwarded by national delivery to the Children and Young People Pathway as
the family indicated they were not longer able to cope with Michael’s behaviours of concern.
The referral was raised with the State Government for consideration of an early intervention
approach. The State Government agreed that the family were in crisis and supported the
referral. The Children and Young People team assigned a planner to contact the family.
9.3.3 Outcome
The planner contacted Michael’s mother by phone and after discussion with the Assistant
Director and Director, did a Light Touch Plan Review to include specialist support
coordination and short term accommodation and scheduled a planning meeting. The planner
then undertook a plan review with the family to develop a plan that would provide supports to
keep the family together and Michael to remain at home.
The new plan includes considerably higher levels of support with a focus on capacity building
and support coordination, current plan value $240,000. At the same time the Children and
Young People team met with the relevant State authority to engage with Education to
undertake a case conferencing approach for Michael to be able to transition back to school
full time.
This process is stil underway and a plan for transition back to school is being developed. The
planner continues to engage with the family and support coordinator to ensure supports are
being implemented especial y in relation to Behaviour Support planning.
10. Plan management
The plan management decision is made by the delegate with regards to the child
representative’s preferred plan management method and with consideration of whether self-
management would present an unreasonable risk to the participant. Refer to Standard
Operating Procedure – Complete the Risk Assessment.
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11. Plan implementation
After plan approval, the approved plan and plan approval letter are automatically sent to all
child representatives. It is important that the contact roles are updated if the child’s
circumstances change and correct addresses are recorded so the right people receive a copy
of the child’s plan.
Refer to Standard Operating Procedure – Implement the Plan and Practice Guide – Plan
Implementation.
11.1 Handover to support coordinator
When sending your Request for Service to the support coordinator (coordination of supports
or specialist support coordinator) chosen by the parents/child representative/s, make sure
you include your contact details and request the support coordinator contacts you to arrange
a handover.
The process for referral wil depend on whether the provider is registered or unregistered.
Some support coordinators wil be unregistered, however all specialist support coordinators
wil be registered.
For registered providers, refer to Standard Operating Procedure – Request for Service and
for unregistered providers refer to Request for Service – Non-Registered Support
Coordination Providers.
Arrange a face to face (where possible) handover to the support coordinator/s, with the
parents/child representative present. You should discuss:
• How the plan was developed.
• Who they need to liaise with to implement the plan and the responsibilities of all
parties.
• How the plan can be used flexibly to meet the child’s goals and how to monitor
plan utilisation and make sure the plan can be fully utilised for the period of the
plan.
• The roles of the specialist support coordinator and the coordinator of supports.
• Arrange regular checkpoints, in advance, to track progress and to make sure the
plan is being implemented in line with the child’s goals. This wil provide
opportunity to address any concerns the family or coordinators may have but wil
also promote effective plan utilisation.
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11.2 Plan monitoring
The support coordinator wil work with the child representative to monitor the plan usage,
resolve any issues that arise and liaise with providers, other government services and the
NDIS as required. Increased monitoring may be required to review the supports provided and
ensure they are meeting the needs of the participant.
At the 12 week check-in meeting you wil be able to monitor the plan usage and talk through
any concerns with the child representative/s and the support coordinator.
If you identify an over utilisation of funding which may put the child at risk of running out of
funding in one or more areas of their plan, work with the child representative/s and support
coordinator to identify why there is an over utilisation. Arrange regular check-ins as required.
11.2.1 Critical incidents and safeguarding
If you are advised or have evidence of risks or abuse/neglect related to the child, this is
considered to be a participant critical incident and you must take action consistent with the
NDIS Act (which limits the circumstances in which the NDIA can disclose information) and
with working arrangements with states and territories.
Refer to the Participant Critical Incident Framework for further information on this process
and discuss your concerns with your manager to agree on and take appropriate action.
Record an interaction detailing the crisis circumstances and actions taken in the System and
an alert added if required. If you are unsure whether an incident should be notified, contact
National Participant Incident Team. Ensure the specialist support coordinator and/or support
coordinator is aware of the situation and is also responding to support the child.
Registered providers deliver NDIS supports and the NDIS Quality and Safeguards
Commission regulates and monitors provider performance.
11.2.2 Change of circumstances
Where there is a significant change in circumstances which means the child may require
additional funding based on their disability-related support needs, the specialist support
coordinator and/or support coordinator is expected to support the child representative to
request a plan review.
For example, a change of residential setting or accommodation provider, an extended
hospital stay or significant or repeated school suspension.
Where there is risk to the child or their family and an early intervention approach is required,
an Agency initiated unscheduled review may be necessary so a new plan can be expedited
and any additional support needs included as soon as possible.
This may include where the safety and wellbeing of the child or their family is significantly at
risk and immediate and additional supports are required. Refer to Standard Operating
Procedure - Create a Plan Review Request and follow the guidance in this practice guide.
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12. Supporting material
• National Disability Insurance Scheme Act 2013
• National Disability Insurance Scheme (Restrictive Practices and Behaviour
Support) Rules 2018
• Planning Operational Guideline
• Specialist Disability Accommodation Operational Guideline
• Child Representatives Operational Guideline
• Including Specific Types of Supports in Plans Operational Guideline
• NDIS Quality and Safeguard Commission
• National Principles for Child Safe Organisations
13. Feedback
If you have any feedback about this Practice Guide please email Service Guidance and
Practice. In your email, remember to include the title of the resource you are referring to and
to describe your suggestion or issue concisely.
14. Version change control
Version Amende Brief Description of Change
Status
Date
No
d by
s22(1 )(a)(ii) - irrelevant material
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Practice Guide – Children Living in
Statutory Out of Home Care
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Contents
Practice Guide – Children Living in Statutory Out of Home Care ............................................. 1
1.
Purpose ...................................................................................................................... 4
2.
To be used by ............................................................................................................. 4
3.
Scope .......................................................................................................................... 4
3.1 Statutory out of home care ...................................................................................... 4
3.2 Out of scope ............................................................................................................ 5
4.
Child representatives .................................................................................................. 6
4.1 Managing risk .......................................................................................................... 6
4.2 Proof of identity (POI) .............................................................................................. 7
5.
Pre-planning................................................................................................................ 7
5.1 Create an alert in the NDIS Business System ......................................................... 8
5.2 Streaming ................................................................................................................ 8
5.3 Pre-planning questionnaires .................................................................................... 9
5.4 Planning conversation ............................................................................................. 9
6.
Planning .................................................................................................................... 10
6.1 Core supports ........................................................................................................ 10
6.2 Capacity Building supports .................................................................................... 12
6.3 Capital supports ..................................................................................................... 13
6.4 Resolving disputes about funding .......................................................................... 14
6.5 Plan management ................................................................................................. 14
7.
Transition planning for 16 – 17 year olds .................................................................. 14
8.
Plan implementation and monitoring ......................................................................... 16
9.
Plan reviews .............................................................................................................. 16
10.
Case examples ......................................................................................................... 16
10.1
Michael ............................................................................................................... 16
10.2
Outcome ............................................................................................................. 17
11.
Supporting material ................................................................................................... 17
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12.
Process owner and approver .................................................................................... 18
13.
Feedback .................................................................................................................. 18
14.
Version change control ............................................................................................. 18
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1. Purpose
The content of this document is OFFICIAL. This Practice Guide will support you to deliver a
nationally consistent approach to planning for children living in statutory out of home care.
This Practice Guide is not a standalone document and should be used in conjunction with the
following planning resources:
• Practice Guide – Participants streamed as Intensive or Super Intensive
• Our Guideline – Reasonable and Necessary Supports
• Our Guideline – Child representatives
• Standard Operating Procedure – Complete the Determine Funded Supports task
2. To be used by
• Plan Developers – Planners and National Disability Insurance Scheme (NDIS)
Partners in the Community (Early Childhood Partners and Local Area Coordinators
[LACs])
• NDIA Plan Delegates
3. Scope
The NDIS has a nationally consistent approach to planning with children and families where a
child participant is living in statutory out of home care. This Practice Guide will support you to
understand the sensitivities and considerations when planning for participants and families in
these circumstances, and to ensure the participant’s experience is consistent with the
nationally agreed approach. While states and territories’ approaches to the provision of child
protection services and out of home care may differ, the NDIS aims to provide a consistent
planning experience for children living in statutory out of home care across the country.
3.1 Statutory out of home care
Statutory out of home care is when a child is living outside the family home as a result of a
state or territory court order or direction to remove the child from the family home. In this form
of out of home care, parental responsibility for the child is transferred from the parent or
primary care giver to the state or territory. The two types of out of home care within scope are
described below.
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3.1.1 Children living in statutory home-based out of home care
Children who are living in statutory home-based care are placed in the home of a foster or
kinship carer, who is reimbursed by the state or territory for expenses for the care of the
child.
3.1.2 Children living in statutory residential-based out of home care
Children who are living in statutory residential-based care are placed in accommodation,
which are staffed with support workers who are responsible for their day-to-day care. This
accommodation and the staffing is funded by state or territory child protection services (child
protection).
3.2 Out of scope
3.2.1 Children with child protection services involvement living in the family home
Sometimes a court decides a child is in need of protection, but can safely stay in the care of
their parents. Parental responsibility for the child remains with the parent, and state or
territory child protection services remain involved to help the family make the changes they
need to keep the child safe at home, so the family can stay together. In these circumstances,
court orders will include conditions that require child protection services to be advised of and
involved in any issues related to the child for example, medical, schooling, NDIS planning
etc.
In these cases the usual NDIS planning process is followed. Child protection personnel
should be involved in accordance with the conditions specified in a court order and/or to
ensure they have visibility and involvement in matters relating to them. It is important to
consider the responsibilities of child protection services to provide mainstream and universal
service type supports to children and families in these circumstances. For example, they
would be responsible for funding any psychological support to a child following trauma or
abuse or family or parental counselling related to child protection matters.
3.2.2 Children living in a formal voluntary arrangement outside their family home
Formal voluntary out of home care arrangements (often described as Voluntary Out of Home
Care – VOOHC) are the provision of care outside the family home when a child’s parent/s or
primary care giver are no longer able to continue to care for their child in the family home but
remain the guardian and decision maker1.
For support when planning for a child living in a voluntary arrangement, refer to Practice
Guide - Children living in a formal voluntary arrangement outside their family home.
1 Note a child can only be recognised as formally in voluntary out of home care by agreement between the
relevant state or territory and the NDIA.
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3.2.3 Children at risk of requiring accommodation outside the family home
At any point in time, a child participant may be at risk of requiring accommodation outside
their family home because their parents are unable to care for them at home. This may be
due to a child’s high and complex care needs or behaviours of concern arising as a result of
their disability or other family circumstances.
Where a child participant with a disability is identified as being at risk of not being able to
continue to live at home, you must consult with the NDIA Complex Support Needs team so a
possible referral into the joint states and territories and NDIS early intervention and
preventative pathway can be made.
For support identifying and planning for a child at risk of requiring accommodation outside the
family home, refer to Practice Guide – Children at Risk of Requiring Accommodation Outside
the Family Home.
4. Child representatives
Where a state or territory has parental responsibility for a child, the NDIA CEO or delegated
representative cannot appoint a child representative other than the state or territory without
agreement in writing from the relevant State or Territory Minister (National Disability
Insurance Act 2013 Section 74 (1A).
Any decision to appoint a child representative or revoke an appointed child representative
must be made by an Agency staff member with appropriate delegation. The decision to
revoke the role of an appointed child representative is not a reviewable decision.
A child in statutory out of home care can have multiple child representatives at the request of
state or territories. In these instances, the child representative/s may be one or a combination
of the following:
• child protection (delegated representative - case manager)
• foster parent/s
• another carer
• in some circumstances, the child themselves.
For more information refer to Our Guideline – Child representatives and Standard Operating
Procedure - Determine or revoke a child representative.
4.1 Managing risk
You must understand the intent of the court order in place before making any changes to the
child representative/s recorded in the NDIS Business System (System). If the wrong person
is listed as a child representative, they could inadvertently be invited to planning meetings or
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sent a copy of the child’s plan, revealing private information. This can place a child and their
family or carers at risk of harm and is a breach of NDIA privacy obligations.
It may be appropriate to discuss with child representative of the option of applying to be a
restricted access participant if this is appropriate to reduce the risks in relation to
inappropriate disclosure of the child’s personal information.
You will need to review and update contacts as appropriate, detailing any changes in an
interaction at each touch point. You should create a contact alert in the System where there
are risks involved with the child’s information being released to a particular person.
Refer to Standard Operating Procedure – Create an alert.
If you need to update who receives correspondence based on a parenting or court order, use
the Standard Operating Procedure – Manage or stop correspondence to authorised
representatives.
4.2 Proof of identity (POI)
When you create a contact in the System for a person you are considering for child
representative, you must verify the person’s POI.
When a government and/or other organisation is the child representative (e.g. Child
Protection), a representative from the organisation should be recorded as a contact. The
legal order and Guardianship or Child Protection orders should be recorded in the System.
These are acceptable forms of POI and verification of identity for the Child protection
representative. See:
• Standard Operating Procedure – Add the Guardian as a contact
• Standard Operating Procedure – Record and verify identity for an individual
• Standard Operating Procedure – Verify identity for a third party organisation
5. Pre-planning
Child participants living in statutory out of home care are generally in complex situations,
highly vulnerable and have multiple parties involved. It is important for the plan developer to
remain impartial and professional in all interactions with the participant and their
representatives.
As part of the pre-planning checklist you should:
• confirm that the child is living in statutory out of home care and record this in an
alert in the System
• confirm with the state or territory child protection agency who the child
representative is and who needs to be involved in the planning meeting or given the
opportunity to contribute for example, the participant, state or territory child
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protection services, foster carer/s, guardian, parent/s, other family members,
provider/s
• discuss with the case manager the value in foster carers and/or other family
members contributing to the child’s plan where appropriate. Foster carers can
provide information about the day-to-day life of the child. If this is not possible, the
case manager should be encouraged to obtain any information that would be useful
in developing the child’s plan from foster carers and bring this with them to the
planning meeting.
• check all contacts are entered correctly in the System
• make sure current legal orders and other agreements are uploaded to the
participant’s record
• understand and respect any cultural sensitivities or barriers to communicate
effectively with the participant, for example:
- the participant may require a male or female planner for varying reasons
- is an interpreter required? For example, Auslan, Language Other Than
English etc. Refer to Practice Guide - Assisting Communication
- participants from Aboriginal or Torres Strait Islander descent or other
cultural backgrounds may have specific cultural requirements that need to
be considered and respected. Refer to Practice Guide - Aboriginal and
Torres Strait Islander Planning Support.
5.1 Create an alert in the NDIS Business System
You will need to create an alert in the System noting that the child is living in statutory out of
home care and record the organisation and/or individual who holds parental responsibility.
Attach copies of the legal orders and include details of the order in an interaction.
Example 1: Alert: Child Protection Engagement, DHHSP. Child Protection Legal Guardian
and Authorised Child Representative – Case Manager Sue Smith 52 222 8888
Example 2: Alert: NDIS not to speak to Bill Smith – Intervention Order in place, child now in
care of Mother Sue Smith – DDHS Family Preservation Order in place.
5.2 Streaming
Participants who are living in statutory out of home care will be streamed either Intensive or
Super Intensive to ensure they receive appropriate support throughout their NDIS
experience. You need to make sure the correct streaming decision has been recorded in the
System. Refer to Standard Operating Procedure - Update Participant Streaming.
Note: The term streaming is for internal use only.
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5.3 Pre-planning questionnaires
During the planning conversation, when recording responses to the Short Form Outcome
Framework (SFOF) and guided planning questions, you should respond on the basis that the
child has a capable parent (for example, in this case, the state or territory) who provides the
same level of informal supports that would be expected from a parent of a child of that age.
Remember you are answering the questions with consideration of the state/territory being the
parent and holding parental responsibility, rather than the foster carers so your responses
need to consider the state/territory’s statutory responsibility as well as considering valuable
matters raised by the individual foster parent responses.
For example, when asking if they can continue to care for the child in the way they currently
do you should always respond - Yes.
Do not answer no to this question. If the foster carer cannot continue to care for the child, the
state/territory remains responsible for the child’s care, and providing a suitable care
arrangement at all times.
5.4 Planning conversation
The planning conversation allows you the opportunity to gather detailed and concise
information. This is also a great opportunity for the child to tell their story and voice their
goals and aspirations where possible.
The following points can support you to have a high quality conversation:
• direct questions to the child where appropriate and where they are able to
understand and respond. When questions are not able to be directed to the child
they must be directed to the party with parental responsibility.
• the child representative MUST be included in all conversations and decisions
• at no time should a service provider or support coordinator be given any decision
making power in relation to the child’s plan
• never presume to know what the family is going through or why the child is in
statutory out of home care
• it is possible that the child has experienced trauma and this should be considered in
the context of their vulnerability when discussing some subjects that may be difficult
for them
• refer to Disability Snapshots and Disability Navigator for further and specific
guidance relating the child’s disability.
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You need to complete all sections of the Planning Conversation Tool with as much detail as
possible to support the planning process and provide comprehensive information for the plan
approval process.
6. Planning
Include reasonable and necessary disability-related supports in the child’s plan as guided in
the Our Guideline – Reasonable and Necessary Supports. Liaise with the SME in your state
or territory if you require support in determining reasonable and necessary support for a child
living in statutory out of home care.
6.1 Core supports
Include reasonable and necessary disability-related Core supports in the child’s plan as
guided in the Our Guideline – Reasonable and Necessary Supports.
The information below will guide you through the additional considerations for Core supports
when the child is in statutory out of home care.
6.1.1 Respite
The Principles to Determine the Responsibilities of the NDIS and Other Service Systems sets
out obligations for the NDIS and states and territories in providing supports (including respite
supports) for children who are NDIS participants in statutory out of home care.
6.1.1.1
Respite for children living in home-based out of home care
There are two types of respite for children in statutory home-based out of home care:
1. Ordinary respite: State or territory child protection authorities are responsible for funding
or providing respite support to carers of children with disability in statutory home-based
out of home care, equivalent to respite provided to children without disability of similar
age in similar living arrangements. This means that a state or territory has a role in
providing care related respite for NDIS participants if they would otherwise provide that
service but for the disability.
2. Additional Respite: The NDIS funds reasonable and necessary supports for NDIS child
participants in statutory home-based out of home care including respite where the
supports are required as a direct result of a child's disability. These supports are
provided irrespective of the child’s living arrangements. This means that you need to
apply the standard reasonable and necessary criteria to any support regardless of the
living or guardian arrangements for that child participant. No child should be
disadvantaged because they are in statutory out of home care.
Respite supports included in NDIS plans can help to improve the sustainability of the care
environment for a child.
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They can also:
• help to stabilise the child protection placement
• improve access for the child to ordinary respite
• complement mainstream and standard supports provided to all children in child
protection and family support systems to support child and family wellbeing.
Reasonable and necessary supports that can be funded under the NDIS to provide a respite
effect include:
• short term accommodation, overnight or weekend facility-based services
• in-home support for carers – for example, a support worker will care for the child
with a disability in a carer’s home for short periods, giving the regular carer a break
or providing additional care in the home while the carer remains at home
• disability support workers to enable the participant’s social and community
participation without the carer present
• disability support workers can be funded in some circumstances to support a child
at community-based respite or activities – including one-on-one or group outings
such as camps
• equipment and transport supports to allow social and community participation or the
participation in the respite supports offered by child protection
• therapeutic and behaviour supports to build the child’s capacity and increase their
independence over time.
6.1.1.2
Respite as a concurrent support
In December 2019 and March 2020, the Disability Reform Council (DRC) clarified that
reasonable and necessary NDIS funded respite supports are in addition to what the states
and territories provide to children with disability in statutory out of home care arrangements.
NDIS funded respite supports should not be reduced because the state or territory is funding
ordinary placement support respite. Respite supports funded by a state or territory
government, including reasonable adjustment of that respite support if required, will be
provided regardless of what funding may be offered through an NDIS plan.
Both types of respite can be used concurrently to support the child and family. It is not a
requirement that one type of respite is accessed or exhausted before the other can be
provided.
6.1.1.3
Respite for children living in statutory residential based out of home care
State and territory child protection is responsible for funding accommodation and staffing for
children living in statutory residential-based out of home care.
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The NDIS is not responsible for funding respite, or supports to provide a respite effect for
children living in statutory residential-based out of home care at the residence, as staff work
on a rostered basis, and are provided with the support they need to sustain their roles by
their employers.
However, the NDIS may fund reasonable and necessary disability supports for children living
in a residential setting, to facilitate their access to the community and to facilitate social
participation to build or maintain support networks. No child in a residential care setting
should be disadvantaged, and is entitled to the same disability related supports as any other
child.
6.1.1.4
Balanced package of supports
When considering how to best support children living in statutory out of home care
environments, both residential and home based, it is important to consider what a balanced
package of supports would look like for the participant based on their individual situation.
For children living in statutory home-based care, consider where therapeutic supports or
social skills programs could be accessed concurrently with respite, with the intent to build the
participants capacity to reduce respite supports over time where this is appropriate. See
Section 6.2 Capacity building supports for more information.
6.1.1.5
Children with complex needs
The roles and responsibilities of the NDIA and states and territories in relation to funding
respite for children with complex disability support needs are the same as for all NDIS child
participants in statutory out of home care.
6.2 Capacity Building supports
Include reasonable and necessary disability-related capacity building funded supports in the
child’s plan as guided in the Our Guideline – Reasonable and Necessary Supports. The
information below will guide you through the additional considerations for capacity building
supports when the child is living outside the family home.
6.2.1 Therapeutic supports
Child Protection is responsible for providing therapeutic supports in relation to trauma the
child has experienced.
NDIA is responsible for funding disability-related therapeutic supports which could include
occupational therapy, speech pathology, physiotherapy, podiatry, and specialist behaviour
interventions.
Refer to the Principles to Determine the Responsibilities of the NDIS and Other Service
Systems for more information.
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6.2.2 Behavioural intervention supports
Behaviour intervention and support is a vital inclusion if there are behaviours of concern that
have impacted on the stability of the child’s living arrangements and social support system.
To build capacity within the caring environment and encourage building or maintaining a
social support system, the inclusion of strategies to support behaviour intervention is key for
children residing outside the family home. Consideration needs to be factored in planning to
ensure that behavioural supports are included to the level that the child can maintain contact
with their social support system on a regular basis.
These supports are recommended to:
• support the child’s safety and wellbeing
• promote options for increasing the child’s capacity, community and mainstream
connections to achieve plan goals
• ensure long-term sustainability of the child’s plan and informal support systems.
As a child’s capacity increases overtime, you would expect to see a reduction in the intensity
of supports however; this will depend on the individual circumstances.
Refer to Standard Operating Procedure - Behaviour Intervention Supports.
6.2.3 Support Coordination
Reasonable and necessary support coordination should be included in the NDIS plan for a
child in statutory out of home care to assist in strengthening the capability to connect to and
coordinate informal, mainstream and funded supports in a complex service delivery
environment. Specialist support coordination should also be included in NDIS plans where
found reasonable and necessary.
Refer to Standard Operating Procedure – Include Support Coordination in a Plan for further
information.
6.3 Capital supports
Include reasonable and necessary disability-related capital supports in the child’s plan as
guided in the Our Guideline – Reasonable and Necessary Supports.
For children in statutory out of home care, funding for home modifications will not be
considered at the temporary or residential accommodation service setting, only in their long
term home in a family like setting. This is to meet the value for money requirement set out in
the NDIS Act. Value for money in relation to high cost home modifications (that can take a
significant time to put in place) cannot be demonstrated where the aim is for the child to
return home or move from a residential setting to a family like environment in the short term.
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Refer to Practice Guide - Assistive Technology including: Home and Vehicle Modifications
and/or Standard Operating Procedure – Include Home Modification Supports in Plans for
further information.
6.4 Resolving disputes about funding
If there is a dispute about funding roles and responsibilities for supports within a participants
plan, the state or territory government in their role as a parent may, like any other participant,
request a plan review.
Alternatively disputes about individual participant and/or NDIS and child protection interface
funding roles and responsibilities should be resolved at the local level where possible and
when required escalated through the usual NDIA Critical Services Issues Response (CSIR)
processes. To resolve funding disputes for children in statutory out of home care the first
stage of this process is to escalate the issue to the relevant Director as required.
Refer to Practice Guide – Safeguarding the participant’s interests for more information.
6.5 Plan management
States and territories have a right to request that the NDIS plan of a child in statutory out of
home care is plan managed or Agency managed, in accordance with Section 74 of the NDIS
Act. Alternatively the state or territory child protection agency as the legal guardian can
request in writing that the foster carer be appointed the plan nominee and manage the NDIS
child participant’s plan funding.
Refer to Standard Operating Procedure – Complete the Determine Plan Management task.
7. Transition planning for 16 – 17 year olds
As a young person prepares to exit statutory out of home care they may require additional
disability supports to assist with this transition, for example supports in relation to:
• transitioning out of their statutory living arrangement into an alternative living
arrangement
• building or maintaining family or social support networks
• leaving school and moving to employment or day time community activities
• transitioning to the disability support pension (DSP) and meeting their ordinary daily
living costs including board and lodging and transport costs.
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Consider the following when planning for 16-17 year olds living in statutory out of home care:
• Establish if an independent specialist assessment will be required if there is unclear
or insufficient evidence about the young person’s functional capacity or current and
future support need requirements.
• Determine the capacity building supports that will develop independent living skills.
• Assess assistive technology and home modification needs in relation to any
changes in the young persons living arrangement.
• Determine if additional specialist support coordination hours will be required to
support the young person to plan for appropriate accommodation if a different living
arrangement is required. Refer to Practice Guide – Identifying Housing Solutions for
further information.
• Consider the young person’s support and housing needs and the longevity of these
arrangements; include an assessment of eligibility for Specialist Disability
Accommodation (SDA)/ Supported Independent Living (SIL) as appropriate. Note
that accommodation for children in statutory care is the responsibility of their
guardian (e.g. the state or territory child protection agency) until they reach 18 years
of age. However, plan development discussions should consider the young
person’s housing and independent living goals from 16 years. Where appropriate a
young person can be assessed for SDA eligibility and placed on a wait list for
SDA/SIL or other adult housing options so their goals for independent living can be
met upon turning 18 years.
• Consider arrangements for the appointment of a plan nominee if required once the
young person turns 18 (as child representative roles will cease at this point). In
some cases the child representative/s will become the nominee and in others they
will support the child without being officially assigned as a nominee.
Adult legal guardianship arrangements may also be explored by the young person’s
current legal guardian (the state of territory). While the NDIS does not have a formal
role in this process, it may be helpful to raise this issue with the young person’s
representative so they are aware of their options in this area.
• Determine if transport funding may be deemed reasonable and necessary if the
young person is unable to use public transport.
• Consider if additional personal care is required due to the change of circumstances
once the child turns 18 and will no longer have access to the informal supports
previously provided through the state or territory child protection system (for
example by their foster carer).
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• Consider what the informal support arrangements will look like for the young person
during their transition, and afterwards, and how this may differ to the level of
support they required in their statutory living arrangement.
• Consider if Short Term Accommodation (STA) (including respite) may be
reasonable and necessary as part of a formal transition plan to support the move to
a new living arrangement.
For example, spending trial nights funded as STA (including respite) at the home
they will transition to can support the participant to build capacity and prepare for
the transition.
8. Plan implementation and monitoring
Where a child participant is in statutory out of home care, copies of the participant’s plan and
all related information will be provided to their nominated child protection representative upon
receiving a copy of statutory orders or other relevant evidence that parental responsibility has
been transferred to the state or territory.
Refer to PANDA and Our Guideline – Your Plan.
9. Plan reviews
A change of circumstances plan review may be requested where for example; there has
been a change of living arrangement, an extended hospital stay or significant or repeated
school suspension.
A child entering accommodation outside of their family home may also instigate a change of
circumstance review.
For children in statutory out of home care, ensure that plan review dates align with their 16th
birthday to prepare for transition planning.
Refer to Standard Operating Procedure - Create a Plan Review Request (PRR).
10. Case examples
10.1 Michael
Michael is 9 years old and lives with his foster family and 2 siblings. He is in a statutory out of
home care arrangement until he is 18 years of age and does not have any contact with his
biological parents. Michael’s primary disability is Autism Spectrum Disorder. Michael attends
school 5 days per week, and receives support through Education to engage in his learning for
most of his school day. The school have a behavioural management plan in place to assist
staff in responding to Michael as the need arises.
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Michael’s foster parents report that they are required to pick him up from school early
approximately three times per week due to safety concerns arising from his behaviour. This is
causing significant stress for them as they struggle to juggle work and childcare
commitments. They also report challenges spending time with their other children as the
functional impact of Michael’s disability includes behaviours that require the attention of a
parent at all times to ensure his own and others safety.
There is a positive behaviour support plan in place and the therapist is working closely with
all of Michael’s caregivers to help reduce and better manage behaviours of concern.
Michael has expressed that he would like to spend more time attending activities on the
weekend and is enjoying building his capacity and independence. This is an important goal
for Michael in his next plan.
Child Protection provides Michael with the opportunity to spend time with another foster
family one weekend per month, but the family have expressed that they are exhausted and
this is not giving them enough of a break or sufficient time to spend with their other children.
10.2 Outcome
Michael’s NDIS plan provides funding for the following reasonable and necessary supports:
• funding for the continuation of support from the therapist with oversight of his
positive behaviour support plan
• Capacity Building funding to continue to assist Michael in building his ability to
manage his emotions, and independence
• Short Term Accommodation (respite). This can be accessed alongside the current
respite provided by Child Protection, to help improve the sustainability of the care
environment
• Social, Community Civic Participation to allow Michael to access the community
with a disability support worker. It is envisaged this will help Michael meet his goal
to spend more time on activities in the community, and also help provide a ‘respite
effect’ for his family so they can attend to their other children’s needs.
11. Supporting material
• NDIS Act 2013
• NDIS Rules
• NDIS Operational Guidelines
• Principles to Determine the Responsibilities of the NDIS and Other Service Systems
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Practice Guide – Children living in
a formal voluntary arrangement
outside their family home
IMPORTANT: For use by children and young people planners in
the Complex Support Needs Pathway only.
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Contents
Practice Guide – Children living in a formal voluntary arrangement outside their family home 1
1.
Purpose ...................................................................................................................... 4
2.
To be used by ............................................................................................................. 4
3.
Scope .......................................................................................................................... 4
3.1 Voluntary out of home care arrangements ............................................................... 4
3.2 Early childhood participants (under seven years of age) ......................................... 5
3.3 Crisis situations ....................................................................................................... 5
3.4 Parenting Agreements ............................................................................................. 7
4.
Pre-planning ............................................................................................................... 7
4.1 Verifying identity and recording consent .................................................................. 7
4.2 Pre-planning checklist .............................................................................................. 8
4.3 The planning conversation ....................................................................................... 8
4.4 Participant goals ...................................................................................................... 9
4.5 Streaming .............................................................................................................. 10
4.6 Plan duration ......................................................................................................... 10
4.7 Child Representatives ............................................................................................ 10
4.8 Family Outcomes Questionnaire ........................................................................... 11
5.
Planning .................................................................................................................... 11
5.1 Property damage ................................................................................................... 12
5.2 Core supports ........................................................................................................ 13
5.3 Capacity Building supports .................................................................................... 15
5.4 Capital supports ..................................................................................................... 17
6.
Transition planning for 16 – 17 year olds .................................................................. 17
7.
Plan management ..................................................................................................... 19
7.1 Self-managed or plan-managed ............................................................................ 20
8.
Plan implementation ................................................................................................. 20
8.1 Handover to specialist support coordinator and/or coordinator of supports ........... 20
8.2 Plan monitoring ...................................................................................................... 21
9.
Reunification supports .............................................................................................. 22
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10.
Appendices ............................................................................................................... 23
10.1
Appendix A: Transition to Adulthood Checklist ................................................... 23
11.
Supporting material ................................................................................................... 31
12.
Feedback .................................................................................................................. 31
13.
Version change control ............................................................................................. 32
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1. Purpose
The content of this document is OFFICIAL. This Practice Guide (PG) will support you as a
children and young people’s planner in the Complex Supports Needs (CSN) Pathway through
the considerations and sensitivities when planning (first plan or review) for a child participant
(child) living outside the family home in voluntary out of home care arrangements as
acknowledged by the relevant state or territory authority and the National Disability Insurance
Agency (Agency). For the purpose of this PG we will hereafter refer to these as voluntary
arrangements.
Children who currently reside outside the family home either in full time or part time voluntary
arrangements will be acknowledged by the relevant state and territory authority who will lead
oversight of these arrangements.
NOTE: Under this arrangement parents or primary care givers continue to be
responsible for all decision making relating to their child.
This PG is not a standalone document and should be used in conjunction with the following
planning resources:
s47E(d) - certain operations of agencies
Our Guideline – Reasonable and Necessary Supports
Standard Operating Procedure – Complete the Determine Funded Supports task.
2. To be used by
Planners in the CSN Children and Young people Pathway who are trained to support children
and young people and prepare plans where additional skills, knowledge or considerations are
required.
3. Scope
3.1 Voluntary out of home care arrangements
Voluntary out of home care arrangements are the provision of care outside the family home
when a child’s parent/s or primary care giver are no longer able to continue to care for their
child in the family home due to the child’s significant disability support needs.
The voluntary arrangement is jointly coordinated and overseen by the relevant state or
territory authority and the Agency. Under this arrangement, parents or primary care givers
continue to be responsible for the decision making relating to their child.
Under voluntary arrangements the child usually lives full or part time with an accommodation
provider, however there may be cases where the child lives with other family or care givers or
in temporary accommodation type arrangements. The planning approach is the same for all
voluntary arrangements.
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Only use this PG when planning for children living outside the family home under voluntary
out of home care arrangements as acknowledged by the relevant state or territory authority
and the Agency.
A Memorandum of Understanding (MoU) has been developed with each state and territory
that includes an agreed model for collaborative case coordination for children living or those
at risk of living outside the family home. Under this arrangement states and territories have
committed to lead case conferencing, with the exception of the Victorian Government who
will work together with the Agency to coordinate regular meetings as required. The Agency
will participate in state and territory led case conferencing.
3.2 Early childhood participants (under seven years of age)
Families/carers of children aged under seven will work with an Early Childhood Partner in the
Early Childhood Early Intervention (ECEI) Pathway. In the rare circumstance that a child in
the ECEI pathway requires voluntary out of home accommodation, the child will be s47
s47E(d) - certain operations of agencies
E(d
supported by a CSN planner from the children and young
people’s team who will make sure the child receives the right out of home supports.
The Early Childhood Services Branch national practice team will be available to provide
advice regarding the disability-related capacity building supports relative to the participant’s
individualised needs.
3.3 Crisis situations
A crisis can arise when a child’s parent indicates they urgently require accommodation for the
child outside the family home due to their child’s complex disability support needs. It may
also occur when a child already recognised under the arrangements for children living
outside the family home experiences a breakdown in their accommodation arrangement.
Disability and mainstream supports will be used to make sure the child is able to return to
their longer term or family home as soon as possible. Where a return to the family home is
not possible in the short term, the Agency and the state or territory will work collaboratively
with the parent to settle interim arrangements for new or ongoing accommodation outside the
family home.
In a crisis situation it is important to act fast so the child has all the support they need in a
safe environment. This means you will:
consider if the crisis is disability-related. If not seek state/territory engagement to
implement mainstream services as required.
if the crisis is disability-related, make sure a planning meeting is held within 5
working days to determine the child’s disability support needs going forward. The
child’s parent/s must be involved in this conversation.
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Note: Planning must not progress without the child representatives. If the child
representatives are unavailable, refer to your Assistant Director to raise with the
relevant state or territory.
check the current plan to see if immediate supports can be accessed with existing
funds
conduct a plan review where the current plan is not sufficient to meet the child’s
changed needs
make sure the child has access to a support coordinator or specialist support
coordinator
check the plan utilisation to see if underutilisation could have contributed to the
crisis.
A crisis during business hours
Where a crisis occurs during business hours, the Agency can be contacted through the
support coordinator directly if known, and if not the Agency MoU Business Manager. The
Agency will:
confirm a child’s participant status
verify current plan funding levels
assist the parent in identifying emergency short-term accommodation providers.
After the crisis has been dealt with, follow up with the parent for a more detailed discussion
about the plan.
A crisis outside business hours
The Agency has an after-hours phone number to call if a crisis occurs outside business
hours. Agency staff can use this number to:
confirm a child’s participant status
verify current plan funding levels
provide a list of emergency short-term accommodation providers to the parent.
The after-hours contact would then internally flag the need for a more detailed follow up (as
with the parent during business hours).
Note: This after-hours number is not for general circulation and is provided to relevant
stakeholders via the MoU Business Managers Committee. Speak to your Assistant Director
before giving this number to a stakeholder.
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When the crisis is disability-related
If the crisis is disability-related you will:
conduct an initial assessment of disability support needs
work with your state or territory counterpart and the parent to implement new
arrangements outlined in the MoU
conduct a plan review if required
uplift the plan where reasonable and necessary to maintain informal supports.
If required, the NDIS provider will complete a critical incident report template and provide it to
the NDIS Quality and Safeguards Commission.
3.4 Parenting Agreements
Parents or guardians will have the opportunity to develop and negotiate a Parenting
Agreement with their child’s provider of 24/7 staffing. This parenting agreement will assist
parents to maintain their role as primary decision-maker for their child, and assist the child’s
provider to carry out day-to-day care of the child.
The Parenting Agreement outlines the rights and responsibilities of parents or guardians in
relation to the care and support of their child, including responsibility for decision making and
an agreed pattern of ongoing contact to ensure the child remains connected to their family
and culture.
Note: Where a child or young person does not have an engaged parent, consideration may
be given to enact a referral to child protection. A Parenting Agreement is between the
parent/s and the accommodation provider.
4.
Pre-planning
During pre-planning, rich information is gathered to support the planning process and make
sure a high quality plan is developed, allowing the child to achieve their goals and outcomes.
This section will guide you through additional considerations for children living under
voluntary arrangements.
4.1 Verifying identity and recording consent
When having discussions regarding the child you must verify and record the identity of the
person you are talking to and ensure they have formal consent. Appropriate consent must
also be recorded prior to giving information to or receiving information from a third party in
relation to the child or family. For more information and guidance, refer to Standard Operating
Procedure – Verify and Record Identity and Standard Operating Procedure – Consent and
Authority.
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4.2 Pre-planning checklist
Following confirmation the child is living in a voluntary arrangement, add an
interaction to the NDIS Business System (System) explaining how this was
determined.
Attach any relevant documents to the System: for example, temporary care
agreements or correspondence from states and territories.
Add an alert to the System stating:
- The child is living in a voluntary out of home care arrangement outside the
family home for (insert number of nights) nights per week. Refer all enquiries
to CSN Branch Children and Young People planner (insert your name) and
include your user ID.
- Details relating to any specific considerations or risks associated with
contacting family members and/or planning for the child.
Identify who has parental responsibility for the child and who needs to be involved in
the planning meeting or given the opportunity to contribute. For example, this may
include the child, parent/s, guardian, other family members or provider/s. Make sure
all parties who hold parental responsibility (e.g. separated parents) are given an
equal opportunity to contribute to the planning process. This may require sensitive
questioning and potentially separate meetings for shared parental arrangements.
Check all contacts are entered correctly in the System.
Make sure the child’s address is recorded as primary residence and the parent’s
address/es are recorded separately for receipt of information and communication
purposes.
Understand and respect any cultural sensitivities or barriers to communicate
effectively with the child and their family. Refer to Practice Guide – Aboriginal and
Torres Strait Islander Planning Support and Practice Guide - Assisting
Communication.
4.3 The planning conversation
The planning conversation allows you the opportunity to gather detailed and concise
information regarding the family’s capacity to care for their child and the reasons why the
child is living outside the family home some or all of the time. This is also a great opportunity
for the child to tell their story and voice their goals and aspirations where possible.
The following points can support you to have a high quality conversation:
Questions should always be directed to the child where appropriate and where the
child is able to understand and respond to questions. When questions are not able
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to be directed to the child they must be directed to the parent/s or child
representative/s.
The parent or child representative MUST be included in all conversations and
decisions.
At no time should a service provider or support coordinator be given any decision
making power in relation to the child’s plan.
If the parent is identified as not being a suitable child representative refer to
Standard Operating Procedure – Determine or Revoke a Child Representative. Do
not continue planning without a child representative in place.
Be aware this is a sensitive conversation and you are asking very personal
questions. You may feel resistance. Make sure the family understand this is a
confidential conversation and they can choose who does and does not attend the
meeting.
Never presume to know what the family is going through or why they are unable to
care for their child.
Encourage the family to explain how the child’s disability is impacting their capacity
to care for their child in the family home.
If this is a plan review, discuss how supports in the current plan have been used to
support the child to remain in or return to the family home.
Ask the family to identify supports which they feel could help them to care for their
child in the family home.
Refer to Disability Snapshots and Disability Navigator for further and specific
guidance relating the child’s disability.
You must complete the Planning Conversation Tool (PCT) when planning for children living in
a voluntary arrangement. Complete all sections of the PCT with as much detail as possible to
support the planning process and provide comprehensive information to the delegate during
the plan approval process.
Refer to Standard Operating Procedure – Complete the Planning Conversation Tool.
4.4 Participant goals
When completing the Participant Statement and recording the child’s goals, family
engagement should be a primary goal. There may be circumstances where we would not
expect a child to be able to return to the family home to live full time. Where possible the child
should be supported to maintain visits to the family home on a regular basis and maintain
good family relationships and contact. Goals must be achievable over the course of the plan.
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Goal examples:
s47E(d) - certain operations of agencies
4.5 Streaming
s47E(d) - certain operations of agencies
4.6 Plan duration
Children living in voluntary arrangements should have a plan duration no longer than 12
months as there is a high likelihood that their circumstances and support needs may change
as they and their family build capacity. Refer to Standard Operating Procedure – Complete
the Risk Assessment task and Our Guideline – Creating Your Plan for more information.
4.7 Child Representatives
In most cases when the child is living under voluntary arrangements, the parent/s retain
parental responsibility and will be recorded as the child representative/s. However, there are
limited circumstances where it may not be considered appropriate for those with parental
responsibility to represent the child for the purposes of the NDIS.
In these situations an alternate child representative may have been identified elsewhere such
as by the family court or via a kinship arrangement. If no alternative child representative has
been identified, you will need to identify and appoint an appropriate person to be the child
representative.
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Note: A child who is under statutory orders cannot be in a voluntary arrangement. These
arrangements are overseen by child protection. Refer to Practice Guide – Children at Risk of
Requiring Accommodation Outside the Family Home.
Any decision to appoint or cancel the role of a child representative must be made by an
Agency staff member with appropriate delegation and is a reviewable decision.
For more information refer to Standard Operating Procedure – Determine or Revoke a Child
Representative.
4.8 Family Outcomes Questionnaire
The Family Outcomes Questionnaire must be completed for children living under voluntary
arrangements. The responses will allow the Agency to see the impact community,
mainstream and funded supports in a participant’s plan are having on the family’s capacity to
care for their child over time.
Be aware that answering these questions is voluntary and the questions were not designed
with this cohort in mind and do not need to be asked word for word. You should be able to
gather the required responses as part of a high quality planning conversation.
Refer to Standard Operating Procedure – Outcomes Questionnaire – Family.
5. Planning
Include reasonable and necessary disability-related supports in the child’s plan as guided in
the Our Guideline – Reasonable and Necessary Supports.
The guidance below will guide you through the additional considerations for funded supports
when the child is living outside the family home.
For children formally agreed as living in a voluntary arrangement outside the family home, the
NDIS will be responsible for funding:
24/7 staffing (except during hours when the child is attending school)
disability-related supports
assessment for Specialist Disability Accommodation (SDA) and Supported
Independent Living (SIL) eligibility from the age of 16
specialist support coordination.
The individual state or territory will be responsible for:
funding board and lodging
working collaboratively with parents and support coordinators to find appropriate
board and lodging
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providing case coordination of relevant mainstream services where needed and
working with support coordinators to ensure a holistic approach tailored to the needs
of individual children and families.
5.1 Property damage
The NDIA is responsible for funding damage to property when
all of the following criteria are
met:
s47E(d) - certain operations of agencies
The NDIA will not fund repairs for property damage where there is no evidence the property
damage is related to the child’s disability. This includes where:
the damage relates to ongoing maintenance and minor damage repairs to properties
as a result of normal wear and tear
reasonable steps have not been taken to provide appropriate board and lodging
(including making reasonable adjustments to support the needs of the child)
evidence (e.g. incident report and pre and post inventory description or photos of
the extent of the damage) is not provided
there has been repeated instances of property damage and the additional supports
provided through an individual’s plan to address the issue have not been
appropriately implemented.
Preventing property damage
The types of funded supports which can be included in a participant’s plan to reduce the risk
of property damage are:
Capital: reasonable and necessary home modifications of the long-term home
Capacity building: behaviour supports (including a behaviour management plan
and behavioural therapy)
Core: funding for disability-related personal care (including supervision required as
a result of behaviours of concern).
For many children living in a voluntary arrangement outside the family home, these supports
may already be included in their NDIS plan.
Repairs to property damage
The process for managing and paying claims for property damage is:
The relevant state or territory Business Manager emails a claim for property damage
to the Agency’s MoU Business Manager. The claim must include:
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- an incident report
- details of what occurred prior to the incident
- evidence of the behaviour support plan followed and supports being
implemented
- photos of property damage
- an invoice.
The MoU Business Manager reviews the claim and either accepts or rejects the
claim.
Acceptance or declined email sent to the provider (with parent/s and SC cc’d)
including next steps:
-
Declined: workflow ends here. A declined claim can be contested by
emailing the MoU Business Manager.
-
Accepted: the provider will be instructed to claim the invoice amount from
the child’s
Core – Assistance with Daily Life budget.
5.2 Core supports
Include core support funding in the child’s plan to support with:
daily living skills such as self-care, personal care (including supervision of disability-
related behaviours of concern) and meal preparation
access to community, social and recreational activities
overnight supports including passive (sleep over) and active (awake) staff. Can be a
combination of both if evidence supports this.
Note: overnight supports are considered from midnight to 6am.
24/7 staffing
24/7 staffing is defined as support provided by a disability support worker to support a child
with their disability supports needs. Consider the following when including 24/7 staffing:
24/7 staffing should not be included during school hours, assumed to be 9am to
3pm for 41 weeks per year with 12 weeks school holidays. An exception to this is
where the child is unable to attend school – in this case, the child should have
sufficient funding included in their plan to cover staffing at all times and to allow the
specialist support coordinator to support parents to negotiate a return to school plan
with the child’s school.
Where more than one child is living in the same house, overnight staffing may be
funded through pooled funding, which allows the funds in a participant’s plan to be
pooled to pay for shared staffing costs.
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Determine the levels or ratio (for example, 1:1, 1:3 or 2:1) of staffing based on your
discussions with the child representative/s and the assessment of the functional impact of the
child’s disability.
Short Term Accommodation (STA), including respite
Children living under a voluntary arrangement either full time or part time are not expected to
have STA including respite in their plan. An exception to this would be a 16 or 17 year old
trialling accommodation as they prepare to transition to an independent living option.
STA including respite can be included in a plan for a child who is not currently living outside
of their family home and has been identified as requiring additional supports to maintain the
family as the primary carer. STA including respite can be included where the child will benefit
from early intervention supports that will support the family to minimise the risk of the child
entering or requiring alternate accommodation and supports.
In these instances, short term accommodation should not be considered in isolation to other
supports which may be required to build the family capacity to maintain care. These other
supports may include providing support in the family home and/or funding for supports which
provide a respite effect such as in home personal care (including supervision of behaviours of
concern) and social and community participation activities.
Social and family participation
When including 24/7 staffing for children living outside the family home, consider any support
hours the child may need to engage with their family or the community. This will promote
family relationship building and engagement and help to maintain contact between the child,
their family and community. Supports can be linked to the child’s goal of returning to live in
the family home or any social participation goals.
s47E(d) - certain operations of agencies
Maintaining current family support
In voluntary out of home care arrangements parents or primary care givers continue to be
responsible for the decision making relating to their child. In recognition of this role, as child
decision maker, parental engagement is vital. Parents have a valuable ongoing contribution
to make to the lives of their children and to the decisions about how to protect children’s well-
being.
At all times respect the rights and dignity of parents and support their inclusion in the
planning process. Develop funding aimed at promoting family engagement and supporting
the family to build and maintain relationships and caring responsibilities.
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s47E(d) - certain operations of agencies
5.3 Capacity Building supports
Include reasonable and necessary disability-related capacity building funded supports in the
child’s plan as guided in the Our Guideline – Reasonable and Necessary Supports.
The information below will guide you through the additional considerations for capacity
building supports when the child is living outside the family home.
Support Coordination
Children living in a voluntary arrangement could have coordination of supports, specialist
support coordination or a combination of the two included in their plan.
A participant may have specialist support coordination as well as coordination of supports
funded in the same plan. This could be in situations such as where immediate complex
barriers have been addressed and the participant still requires more general coordination of
supports for the remainder of their plan period. Others may have specialist support
coordination in one plan, and coordination of supports in subsequent plans.
Coordination of supports
The role of the support coordinator is to assist with and strengthen the child’s (family’s) ability
to implement and coordinate the supports they require in their everyday life relating to their
disability. These supports include informal, mainstream and community supports as well as
their NDIS funded supports. It aims to support the child to participate more fully in the
community.
Specialist support coordination
The role of a specialist support coordinator is to assist the child to manage challenges in their
own support environment and ensure consistent delivery of service. This support is time
limited, focusing on specific outcomes such as:
identifying housing solutions to support a young person to transition to adulthood
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assisting a participant to manage challenges in their own support environment and
ensure consistent delivery of service
capturing any required data for the Agency
Identifying strategies and solutions for managing risks such as school expulsion or
non-attendance over extended periods. This includes the coordination of bringing
family, education and stakeholders together to develop and implement programs
and practices to build relationships that link to the child’s learning/education.
Identifying and sourcing relevant assessment and associated service design for
participants with behaviours of concern (inclusive of unauthorised restrictive practice
reporting to the NDIS Quality and Safeguards Commission).
Reporting on Parenting Agreements/engagement. This includes monitoring to
ensure parents are included and actively participating in their child’s daily life
(school visits, medical appointments, sibling contact).
Include specialist support coordination in the plan as a stated support unless there are
identified risks such as limited availability of specialist support coordinators in the area.
Parent/s maintain their guardianship role by fulfilling responsibilities including for example,
acting as their child’s key decision maker, ensuring ongoing family and community
connections and advocating for their child’s best interests. Refer to Standard Operating
Procedure – Include Support Coordination in a Plan for further information.
Behavioural intervention support
Some children may require supports to address behaviours of concern (risk to self or others
and/or 1:1 [or higher] funded supports that are greater than 30% of the day). Behaviour
intervention and support is a vital inclusion if there are behaviours of concern that have
impacted on the family dynamic and have resulted in the child not being able to live in the
family home.
To build capacity within the family and encourage family engagement, the inclusion of
strategies to support behaviour intervention is key for children residing outside the family
home. In some cases the behaviours of concern are significant and have resulted in the child
not being able to spend time with family without high levels of support. Consideration needs
to be factored in planning to ensure that behavioural supports are included to the level that
the child can maintain contact with their family on a regular basis.
These supports are recommended to:
support the child’s safety and wellbeing
promote options for increasing the child’s capacity, community and mainstream
connections to achieve plan goals
ensure long term sustainability of the child’s plan and informal support systems.
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As a child’s capacity increases overtime, you would expect to see a reduction in the intensity
and level of 1:1 (or higher e.g. 2:1) supports (greater than 30%) however, this will depend on
the individual circumstances.
Refer to Standard Operating Procedure – Behaviour Intervention Supports.
Building family relationships and capacity
The plan should include disability-related capacity building and training for the child’s parents
to support their child to engage with the family.
If the child is already spending some of their time in the family home, consider any capacity
building supports which can be included in the plan to maintain and/or increase this amount
of time:
Behavioural intervention supports: may already be in the plan and should
include training for family members
Assessment, recommendation, therapy and/or training (including
assistive technology): For example, occupational therapy assessment and
training to identify equipment and train the participant and their family in the use of
the equipment in the family home.
5.4 Capital supports
Include reasonable and necessary disability-related capital supports in the child’s plan as
guided in the Our Guideline – Reasonable and Necessary Supports. The information below
will guide you through any additional considerations for capital supports when the child is
living outside the family home.
Home modifications
Consider any home modifications in the child or young person’s long term home which will
enable the child to return to their family home or live in a stable long term family based
arrangement. Funding for home modifications will not be considered at the temporary or
residential accommodation service setting, only in their long term home in a family like
setting.
Refer to Practice Guide - Assistive Technology for further information.
6. Transition planning for 16 – 17 year olds
As a young person prepares to leave school and move to employment or day time
community activities, additional supports may be required to support them with their transition
from education. For children living in a voluntary agreement outside the family home this
transition also involves:
transitioning out of their voluntary living arrangement into an alternative living
arrangement
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transitioning to the disability support pension (DSP) and contributing to their board
and lodging costs.
Consider the following when planning for 16 -17 year olds living in accommodation outside
the family home:
Complete the Transition to Adulthood Checklist.
Establish if an independent specialist assessment will be required if there is unclear
or insufficient evidence about the young person’s functional capacity or current and
future support need requirements.
Determine the capacity building supports that will develop independent living skills.
Assess assistive technology and home modification needs in relation to any
changes in the young person’s living arrangement.
This can be funded in a young person’s plan and would be conducted by a qualified
assessor such as an occupational therapist, registered nurse or psychologist who is
independent to the current provider’s process. It would be anticipated that specific
questions would be forwarded to the assessor, with this process being led by the
support coordinator.
Will additional specialist support coordination hours be required to support the
young person to plan for appropriate accommodation if a different living
arrangement is required? Refer to Practice Guide – Identifying Housing Solutions for
further information.
Include an assessment for SDA and SIL in the young person’s plan noting that in
most cases this is not the best option for children under 18. Only in exceptional
circumstances should this be included for children 15 and under and will require
General Manager approval.
Consider arrangements for the appointment of a plan nominee if required once the
young person turns 18 (as child representative roles will cease at this point). In
some cases the child representative/s will become the nominee and in others they
will support their child without being officially assigned as a nominee.
Legal guardianship arrangements may also be explored by the young person’s
family. While the NDIS does not have a formal role in this process, it may be helpful
to raise this issue with the young person’s representative so they are aware of their
options in this area.
Determine if transport funding (additional to school transport) may be deemed
reasonable and necessary if the young person is unable to use public transport.
Consider if STA (including respite) may be reasonable and necessary as part of a
formal transition plan to support the move to a new living arrangement.
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For example, spending trial nights funded as STA (including respite) at the home
they will transition to can support the participant to build capacity and prepare for the
transition.
Once the young person has a plan in place that incorporates transition to adulthood
considerations such as SIL and is nearing 18 years or is 18 years of age, they will
no longer be included in the Children and Young People team and will be
transitioned to either Complex Supports Needs or Service Delivery and
Performance for allocation as an adult. The process for transition is via the Complex
Support Needs Triage Team.
Refer to Standard Operating Procedure – Referral for Complex Support Needs.
7. Plan management
The plan management decision is made by the delegate with regard to the child
representative’s preferred plan management method and with consideration of whether self-
management would present an unreasonable risk to the participant.
In some cases it may not be appropriate for a parent to self-manage NDIS funding for a child
living outside the family home due to risks identified. Below are the considerations in relation
to risks for self-management and/or using a Registered Plan Management Provider (RPMP):
s47E(d) - certain operations of agencies
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7.1 Self-managed or plan-managed
If plan or self-management is approved for children living outside the family home:
Include an interaction detailing your justification for the decision.
Make sure the child representative/s understand that it is highly recommended the
accommodation provider is a registered provider. This will ensure they adhere to the
quality standards and safeguards that minimise risk to participants and others.
Refer to Standard Operating Procedure – Complete the Determine Plan Management task.
8. Plan implementation
After plan approval, the approved plan and plan approval letter are automatically sent to all
child representatives. It is important that the contact roles are updated if the child’s
circumstances change and correct addresses are recorded to ensure the right people receive
a copy of the child’s plan.
Refer to Standard Operating Procedure – Implement the Plan and Our Guideline – Your
Plan.
8.1 Handover to specialist support coordinator and/or coordinator of
supports
When sending your Request for Service form to the specialist support coordinator and/or
coordinator of supports chosen by the parents/child representative/s, make sure you include
your contact details and request the specialist support coordinator and/or coordinator of
supports contacts you to arrange a handover.
The process for referral will depend on whether the provider is registered or unregistered. All
specialist support coordinators will be registered, however some coordination of supports
providers may be unregistered.
For registered providers, refer to Standard Operating Procedure – Request for Service –
Make a request and for unregistered provider refer to Form Request for Service – Non-
registered Support Coordination Providers.
Arrange a face to face (where possible) handover to the specialist support coordinator and/or
coordinator of supports with the parents/child representative present. Make sure you cover:
how the plan was developed
who they need to liaise with to implement the plan and the responsibilities of all
parties
how the plan can be used flexibly to meet the child’s goals and how to monitor plan
utilisation and make sure the plan can be fully utilised for the period of the plan
the roles of the specialist support coordinator and the coordinator of supports
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arrange regular checkpoints, in advance, to track progress and to make sure the
plan is being implemented in line with the child’s goals. This will provide opportunity
to address any concerns the family or coordinators may have but will also promote
effective plan utilisation.
8.2 Plan monitoring
The support coordinator will work with the child representative to monitor plan usage, resolve
any issues that arise, and liaise with providers, other government services and the Agency as
required.
Advise the support coordinator to notify you of any issues regarding utilisation of plan funds.
This will allow you to be fully prepared for any implementation meetings with states and
territories.
At the 12 week check in meeting you will be able to monitor the plan usage and talk through
any concerns with the child representative/s and the support coordinator.
If you identify an over-utilisation of funding which may put the child at risk of running out of
funding in one or more areas of their plan, work with the child representative/s and support
coordinator to identify why there is an over-utilisation. Arrange regular check-ins as required.
Critical incidents and safeguarding
If you are advised of risks of abuse/neglect related to a child you are expected to take action.
Evidence of risks of abuse/neglect may in some circumstances be considered a participant
critical incident. Action taken must be consistent with the
National Disability Insurance
Scheme Act 2013 (which limits the circumstances in which the NDIA can disclose
information) and agreed working arrangements with states and territories.
Discuss your concerns with your manager and agree on the appropriate action to take.
Record the details of the crisis circumstances and actions taken in an interaction and add an
alert if required. Ensure the specialist support coordinator and/or support coordinator is
aware of the situation and is also responding to support the child.
Refer to the Participant Critical Incident Framework for further information on the actions you
should take and how to report a participant incident. If you are unsure about making the
notification, contact the National Participant Incident Team.
Change of circumstances
Where there is a significant change in circumstances which means the child may require
additional funding based on their disability-related support needs, the specialist support
coordinator and/or support coordinator is expected to support the child representative to
request a plan review. The Agency may commence an Agency initiated plan review where
there are concerns, for example, about plan utilisation or other matters concerning the child’s
disability support needs.
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A change of circumstances plan review may be requested where for example, there has
been a change of residential setting or accommodation provider, an extended hospital stay or
significant or repeated school suspension. A child entering accommodation outside of their
family home, may also instigate a change of circumstance review.
Refer to Standard Operating Procedure - Create a Plan Review Request (PRR).
9. Reunification supports
If the voluntary agreement is part time and the child is sharing their time between their family
home and the accommodation provider, consider any supports the child and family may need
in the home to maintain this arrangement, increase the amount of time the child spends living
in the family home and reduce the risk of the child moving to full time out of home care. This
could be:
in home personal care supports (including for supervision of behaviours of concern)
and community access
behaviour intervention support
other therapy such as occupational therapy or speech therapy
core and capacity building funding in the home and community to support the family
while they build capacity.
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11. Supporting material
NDIS Act 2013
National Disability Insurance Scheme (Restrictive Practices and Behaviour Support)
Rules 2018
Planning Operational Guideline
Specialist Disability Accommodation Operational Guideline
Child Representatives Operational Guideline
Including Specific Types of Supports in Plans Operational Guideline
NDIS Quality and Safeguard Commission
National Principles for Child Safe Organisations.
12. Feedback
If you have any feedback about this Practice Guide, please complete our Feedback
form.
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Practice Guide – Identifying
Housing Solutions
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Contents
Practice Guide – Identifying Housing Solutions ....................................................................... 1
1.
Purpose ...................................................................................................................... 4
2.
To be used by ............................................................................................................. 4
3.
Scope .......................................................................................................................... 4
3.1 Current position of the NDIA .................................................................................... 5
4.
Types of housing......................................................................................................... 6
4.1 Public housing ......................................................................................................... 6
4.2 Community housing ................................................................................................. 6
4.3 Home ownership ...................................................................................................... 6
4.4 Shared equity .......................................................................................................... 6
4.5 Private rental market................................................................................................ 7
4.6 Specialist Disability Accommodation ....................................................................... 7
5.
Types of support ......................................................................................................... 8
5.1 Capacity building – skil development ...................................................................... 8
5.2 Assistive Technology ............................................................................................... 8
5.3 Home modifications ................................................................................................. 8
5.4 Medium Term Accommodation ................................................................................ 8
5.5 Individualised Living Options ................................................................................... 9
5.6 Supported Independent Living ................................................................................. 9
6.
Identifying suitable home and living solutions and support needs .............................. 9
6.1 Young people in voluntary out of home care arrangements .................................. 10
6.2 Who is responsible for identifying suitable home and living solutions? .................. 10
6.3 Funded supports which may be required ............................................................... 11
6.4 Compensation ....................................................................................................... 11
s22(1)(a)(ii) - irrelevant material
8.
Appendices ............................................................................................................... 15
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8.1 Appendix A: Support Guide for Decision Makers – Identifying Home and Living
Solutions ......................................................................................................................... 15
8.2 Appendix B – Al ied health practitioners to support home and living needs ........... 19
8.3 Appendix C – Specialist Disability Accommodation ............................................... 22
8.4 Appendix D – Types of supports ............................................................................ 25
9.
Supporting material ................................................................................................... 27
10. Feedback .................................................................................................................. 28
11. Process owner and approver .................................................................................... 28
12. Version change control ............................................................................................. 28
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1. Purpose
The purpose of this Practice Guide is to provide guidance to staff and Partners in the
Community (Partners) when considering the inclusion of home and living supports in the
participant’s plan.
2. To be used by
• Plan Developers – Planners and Partners in the Community (Early Childhood Partners
and Local Area Co-ordinators [LACs])
• NDIA Plan Delegates
• Integrated Housing Team
3. Scope
Participants are encouraged to complete a Home and Living Supports Request Form
(external). This is reviewed along with other supporting documentation from the participant
and/or their allied health professional. The information supports plan developers, Housing
Assessors or the Housing Panel to identify the appropriate home and living response for the
participant to pursue their goals.
The NDIA will use the documentation to assist with determining whether a participant’s home
and living support needs are reasonable and necessary.
When deciding to include any support in a participant’s plan, the NDIA must consider items in
the
National Disability Insurance Scheme Act 2013 (NDIS Act), including the participant’s
statement of goals and aspirations. The NDIA must be satisfied that each support meets
each of the reasonable and necessary criteria outlined in:
• section 34(1)(a)-(f) of the NDIS Act, and
• Part 5 of the
National Disability Insurance Scheme (Supports for Participants) Rules
2013.
For further information refer to Our Guideline – Creating your Plan.
There are different types of home and living solutions and support needs which may be
considered to best meet the participant’s individual circumstances and lifestyle.
Housing solutions may include:
• social housing (public and community housing)
• home ownership
• shared equity
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• private rental
• Specialist Disability Accommodation (SDA).
Support needs may include:
• Capacity building
• Assistive Technology (AT)
• Home modifications
• Short or medium term accommodation
• Individualised Living Options (ILO)
• Supported Independent Living (SIL)
The participant may be supported to identify, coordinate and ensure the required supporting
documentation is completed and provided to the NDIA when requested, for reasonable and
necessary decision making, by the following people:
• Participant and/or their informal support network
• LAC
• Support Coordinator.
3.1 Current position of the NDIA
The following provisions of funding for home and living support(s) need to be taken into
account:
• Al types of suitable and comparable home and living solutions and support needs
have been considered and justification has been provided as to their suitability or
unsuitability.
• The identified home and living solution and/or supports wil assist to facilitate the
participant’s independence, social and economic participation.
• The home and living supports are sustainable for the participant and/or their informal
support network.
• Risks/impacts to the participant’s current and proposed living arrangement, informal
care support, level of independence, social and economic participation have been
identified.
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• The participant’s immediate and longer term home and living support needs have been
considered, including opportunities for capacity building and skil development.
• Supports do not relate to day-to-day living expenses.
• When a participant resides in SDA, funding for home modifications wil not be included
in their plan. The provider of SDA is funded, according to the enrolled dwelling type, to
meet the individual needs of each resident.
4. Types of housing
There are different types of housing solutions that must be considered when identifying a
participant’s suitable home and living solution.
4.1 Public housing
Public housing is generally a long-term housing solution for people on low incomes who are
most in need. Public housing is managed by state and territory governments and there are
usually significant waiting periods for this type of accommodation. Applications for public
housing are submitted through local state government offices. Rental contribution is
approximately 25% of the household income.
4.2 Community housing
Community housing offers secure long-term, affordable housing options to individuals who
may be disadvantaged in the private rental market. It is managed by not-for-profit
organisations, known as community housing organisations. Examples of community housing
are The Salvation Army Australia or Community Housing Ltd.
Generally, tenants pay similar rent to public housing tenants, which is equivalent to
approximately 25% of the household’s assessable income, or the market rent for the property
(whichever is lower). In some community housing settings, there may be group share
options, where tenants can have their own bedroom but share facilities such as the
bathroom, kitchen and laundry areas.
4.3 Home ownership
Home ownership applies to participants currently living in their own/family owned home or
looking to purchase their own home. The NDIA may consider funding for home modifications,
AT, capacity building supports and/or SIL supports which are deemed reasonable and
necessary to enable the participant to live in their own home.
4.4 Shared equity
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A barrier to home ownership is the inability to save a deposit for a home loan on a low-
medium wage or income payment. Shared equity can best be described as a ‘shared home-
ownership financial model’. This is where the cost of the dwelling purchase price is
contributed through a range of partnerships (for example, families/participants purchasing
together, developers, land and homeowners and cooperatives) in conjunction with the
participant. As with a home loan, there are eligibility requirements and criteria that need to be
considered.
Most state, territory and local governments are currently supporting various housing
initiative(s) that assist singles, couples or families with the costs associated with becoming a
home owner, or when considering the purchase of a home with other investors.
4.5 Private rental market
The private rental market may include opportunities listed in the newspaper, online, through
real-estate agents and websites. This may include sharing a home with others to reduce
costs. Rent and utilities are paid by the participant at the market rate.
4.6 Specialist Disability Accommodation
SDA is specialised housing designed to support people with extreme functional impairment or
very high support needs. It is not a solution designed to deal with homelessness or other
similar matters. SDA does not refer to the support services but the homes in which these are
delivered. SDA may include specialist designs for people with very high needs or may have a
location or features that make it suitable for providing complex supports for independent
living.
The three different types of SDA are:
• new
• in-kind
• existing.
Participants that can be suitable for SDA are those with:
• very high mobility needs
• intellectual or cognitive disability who have very high person-to-person support needs.
The two occasions when SDA may be included in a plan are:
• when there is a new SDA decision
• when the participant was already residing in disability related supported
accommodation at the time of transition to the NDIS.
For further information about SDA, and which participants are eligible for SDA, refer to
Appendix C – Specialist Disability Accommodation.
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5. Types of support
There are different types of supports which must be considered when identifying a
participant’s suitable home and living solution(s) and support needs.
5.1 Capacity building – skil development
Capacity building supports enable a person to increase their ability to manage their day-to-
day activities independently and can be beneficial to support participants in their transition to
an alternate home and living solution. These supports are designed to deliver an improved
measurable outcome for the participant while reducing the need for funded supports in the
future.
Refer to Appendix D – Types of support Capacity Building - Skill Development.
5.2 Assistive Technology
AT is defined by the World Health Organisation as 'any device or system that allows
individuals to perform tasks they would otherwise be unable to do or increases the ease and
safety with which tasks can be performed'.
Refer to Our Guidelines – Assistive technology on the NDIS website and Assistive
Technology guidance on the Planning resources Intranet page.
5.3 Home modifications
Different types of home modifications may be funded by the NDIS. The NDIA defines
standard (simple) home modifications as those that are non-structural and do not require
local authority or other permits and classifies them at Complexity Level 3.
Complex Home Modifications (CHMs) require structural alteration to the building, may also
require permits and are classified at Complexity Level 4.
Refer to Appendix D – Types of supports – Home Modifications.
5.4 Medium Term Accommodation
The participant may require temporary accommodation support as a result of their disability-
related needs, whilst they transition to their desired long term accommodation arrangements.
In these situations, Medium Term Accommodation (MTA) support can be added to plans to
facilitate medium term transitional accommodation.
MTA needs to be considered reasonable and necessary to assist the participant to meet their
longer term accommodation goals. Accommodation is considered transitional if it is
temporary and assists the participant to transition to their permanent accommodation
solution. MTA would generally be considered for periods of up to 3 months and can be
reviewed for longer periods of time if required. Refer to the Our Guideline – Medium Term
Accommodation for further information.
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5.5 Individualised Living Options
ILO is a home and living support that lets the participant choose the home they live in and set
up supports in the way that best suits them. ILO is the package of supports that can help the
participant live in the way they want in the home environment they have chosen. It’s not the
home itself.
ILO supports help the participant to work out how they want to live, where they want to live
and who they would like to live with. The participant can share their home with friends,
housemates, live in the home of a host family or on their own with a variety of individualised
supports.
ILOs are funded in two stages:
•
Stage 1 Exploration and design - the first part is all about the participant exploring
and designing the ILO support model that suits them.
•
Stage 2 Support Model - the second part is funding to put those supports in place and
monitor and adjust the supports as the participant’s needs change.
There are examples of ILO arrangements in the ILO participant scenarios. There is also
information available for participants and service providers on the NDIS website.
For information about making an ILO decision refer to Our Guideline – Individualised Living
Options.
For information about how to include ILO supports in the participant’s plan, refer to Appendix
D – Types of Support – Individualised Living Options.
5.6 Supported Independent Living
SIL is assistance with and/or supervising tasks of daily life to develop the skil s of individuals
to live as independently as possible.
For further information refer to Providing Supported Independent Living (external) or
Appendix D – Types of supports – Supported Independent Living (SIL).
6. Identifying suitable home and living solutions and
support needs
Suitable home and living solutions can increase a person’s quality of life and independence
whilst reducing the need for funded supports.
The participant may identify a goal of finding suitable home and living solutions for a variety
of reasons, which may include but are not limited to:
• identified risks (for example risk to self and/or others, homelessness)
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• current housing is no longer suitable or sustainable, for example, the participant is at
an age where it is more appropriate to live independently or they have ageing parents
• dissatisfaction with current housing, for example, residing in a nursing home, limited
support network due to location
• current housing is unable to be modified to address functional limitations or to enable
the provision of supports in a value for money manner
• current public housing residence is unable to be modified beyond the level of
responsibility of the state housing authority.
6.1 Young people in voluntary out of home care arrangements
An assessment for SDA and SIL can be included in the plan for a 16-17 year old living under
a voluntary out of home care arrangement.
In exceptional circumstances an assessment may be included for children 15 and under with
General Manager approval.
Refer to Practice Guide – Children living in a formal voluntary arrangement outside their
family home.
6.2 Who is responsible for identifying suitable home and living
solutions?
The following people may be involved to identify suitable home and living solutions and
gather required supporting evidence:
• The participant and/or their informal support network – where participants or their
informal supports have the capacity and desire to coordinate any or all of Task 1 LAC
or Support Coordinator or Task 2 Al ied health practitioner below.
• LACs – if the participant is supported by an LAC, the LAC may provide assistance with
identifying and coordinating of one or more of the tasks. Refer Task 1 – LAC or
Support Coordinator.
• Support Coordinators – where the participant receives funding for a support
coordinator, the support coordinator may provide assistance with identifying and
coordinating required supporting evidence and justification. Refer Task 1 – LAC or
Support Coordinator.
The NDIA requires sufficient supporting evidence and justification from suitably qualified
AHPs. Refer to Task 2 – Al ied health practitioner.
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Accommodation Long-term SDA accommodation where deemed
Reasonable rent contributions by participants living in social
reasonable and necessary by the Housing Assessor or
housing or SDA in the form of 25% of Disability Support
Housing Panel.
Pension.
Note: transitional arrangements are in place for existing Government rent assistance.
and in-kind SDA. Refer to Appendix C – Specialist
Affordable or social housing schemes.
Disability Accommodation.
Supports for
Disability related supports
Parental responsibility
child participants Supports specific to a child’s disability additional to the The Agency does not replace what is considered parental
(under 18 years) needs of children of similar ages. Includes assistance
responsibility, when considering the support needs of children
with daily personal activities, AT, capacity building,
of similar ages.
community participation and home modifications.
SIL and SDA related supports
Disability specific parenting training programs
The NDIS generally only provides SDA or SIL for participants
Specifically designed for the participant’s needs and are aged 18 years and over. Parents are responsible for
not available as a mainstream service. This can include providing daily care, support and supervision for children
intensive training such as one-on-one or in-home
under 18 years of age.
training for parents, specific to a participant’s disability.
For young people in voluntary out of home care
Disability related transitional supports for 17 year old
arrangements please refer to 6.1 Young people in voluntary
participants to prepare for transition to living
out of home care arrangements.
independently as an adult.
For children in statutory out-of-home care (Child Protection),
the relevant state authority holds parental responsibility and
as such, is responsible for providing daily care, support and
supervision for children under 18 years of age.
Housing and accommodation for children
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The NDIS generally only provide SIL and SDA for participants
aged 18 years and over. Parental responsibility includes the
provision of housing and accommodation for children under
18 years of age.
Supported
Holidays/overnight stays
Vacancies within the property
Independent
No additional funding is included for supports during
The Agency
does not fund vacancies.
Living (SIL)
holidays/overnight stays. Participants are required to use Funding is based on number of bedrooms and shared
their SIL budget and negotiate inclusions with their
support.
provider.
It would not be appropriate to approve a change of
Stand-up shifts and sleepovers
circumstances (s48) plan review to change the ratio of the
No additional funding is included for stand up-shifts and SIL to accommodate the provider’s vacancy. It is the
sleepovers. Participants are required to use their SIL
provider’s responsibility to fil any vacancy.
budget and negotiate inclusions with their provider.
If there has been a significant change to the participant’s
circumstances/needs, then a plan review should be
initiated to consider the participant’s SIL support needs.
Non-participant residents
Funding is based on bedrooms and shared supports.
For example, where a person who does not receive
NDIS supports shares a house with NDIS participants
and shares the core roster of supports, we fund a ratio
which includes the non-participant. The support needs of
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the non-participant are not funded, but their care needs
are considered when determining the ratio.
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8.2 Appendix B – Al ied health practitioners to support home and living
needs
Participants may require various assessments to determine their functional abilities and the
support they may require to assist transition to alternate accommodation, once a home and
living solution is identified. It should also be recognised that a participant may have current
information from previous assessments that may be suitable to use to determine support
needs.
The assessments wil determine the participant’s current capacity and support needs and wil
inform the support required to remain in their existing home or to transition to a new home.
Assessments wil report on any risks to the participant or others and wil identify skil
development and capacity building opportunities.
The different types of AHPs who may be engaged to support the participant with determining
suitable home and living support needs has been described in more detail below.
8.2.1 Occupational therapist
An OT undertakes an assessment showing the functional capacity of an individual and
recommends interventions to support the participant to achieve goals and promote
independence. These interventions can relate to:
• changes to the environment (for example, home, work or community)
• to the way the task is undertaken (for example, the use of AT or alternative methods)
• capacity building for the individual (for example, skil s, knowledge).
An OT can design and coordinate individual programs to support a participant’s
independence in everyday activities and provide strategies to maintain a safe home, work
and social environment to suit the needs of the individual. For a participant an OT can:
• develop coping strategies to help overcome mental health issues
• improve confidence and self-esteem in social situations
• monitor function and progress, prescribing AT for individuals when required.
OTs with appropriate skil s and experience (eligible for registration in the NDIA Specialist
Behaviour Support registration group) can also provide sensory assessments for participants.
Sensory assessments may be required for participants with a primary disability of autism with
identified positive behaviour support needs and where intellectual disability, complex
communication requirements (participant communicates indirectly or unintentionally) or major
mental il ness is present.
A sensory assessment provides an enhanced understanding of the way the participant with
these characteristics experiences the world, such as:
• heightened reactivity to sound, touch or movement
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• difficulty accepting changes in routines or transitioning between tasks
• poor sleeping patterns
• distractibility
• poor motor skil s or preference for increased amounts of input to sensory systems -
auditory, tactile or movement.
These characteristics may underlie observed behaviour. A behavioural assessment from a
psychologist and a communication assessment from a speech pathologist, may assist in the
development of appropriate management strategies including capacity building for the person
and their support network.
Assessments and capacity building strategy recommendations could include, but are not
limited to:
• Activities of Daily Living (ADL) assessment (al participants requesting support with
SDA)
• General Living Skil s or Functional Capacity Assessment (all participants requesting
support with SDA)
• balance and mobility assessment (as part of the Functional Capacity Assessment)
• AT and home modifications assessment, including current and proposed needs as
they relate to new home and living options, where a participant has a functional
impairment or mobility support need
• sensory assessment (autism and intellectual disability)
• Behaviour Support Assessment (in conjunction with a psychologist). Focus on
environmental modifications related to positive behaviour support.
8.2.2 Psychologist
A psychologist wil undertake a functional behavioural assessment for a participant who has
behaviours of concern (BoC), and wil consider everyone involved in the participant’s life. The
assessment wil inform the behavioural intervention supports required and wil support the
development of a Behaviour Support Plan (BSP). The BSP wil provide strategies and detail
supports required to develop the skil s of the participant and the people around them. The
aim is to promote a supportive and positive environment to reduce the frequency and
intensity of BoC.
The development of a BSP requires specialised skil s that can only be provided by qualified
behavioural professionals, therefore funding in the participant’s plan must be entered in to the
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System as a ‘Stated Support’. A copy of the BSP and any other assessments completed
need to be attached to the participant’s record in the System.
If a participant has a current BSP, a review request to a psychologist should be made to
ensure all identified BoC have strategies and recommendations to support the participant and
carers in their new and existing environments.
8.2.3 Speech therapist (also known as a speech pathologist)
A speech therapist is able to assess the development and disorders of communication and
swallowing. A communication assessment wil provide a comprehensive assessment of a
participant’s communication skil s and explore receptive, expressive and pragmatic language,
articulation, literacy and fluency of speech. The assessment supports participants who have
difficulty expressing themselves and would benefit from capacity building support to assist
their communication and learning development.
Participants who have complex communication needs (those who do not appear to
communicate directly in a conventional manner) can also benefit from a communication
assessment. For these participants, assessments provide support with communication in
daily life (including AT where appropriate), provide information to psychologists involved in
the development of behavioural management strategies and can result in improved
relationships and quality of life.
For participants who have a swallowing disorder, a speech therapist may recommend
specific swallowing treatments and exercises to improve muscle movement to support the
participant to swallow more effectively. A speech therapist may also consider specific foods
and liquids that may be easier to swallow.
Note: The assessment and diagnosis of a swallowing disorder is not an NDIS funded
support.
A speech therapist wil also provide guidance to support workers or informal supports to
assist in implementing and maintaining the treatment plan.
If there are concerns about the nutrition and related health of the participant who needs a
modified diet related to their disability for swallowing, then a certified practicing dietitian may
be asked to provide an assessment.
8.2.4 Physiotherapist
A physiotherapist provides an assessment which supports the mobility, transfer and
equipment needs, recommending suitable self-managed exercise programs to maintain
functional mobility. The focus is on the participant’s general functional ability to move about
over different types of ground and environments, with an emphasis on the community. A
physiotherapist normally:
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• considers features such as stairs, ramps, uneven ground, transfers in and out of
furniture or vehicles
• identifies suitable mobility AT to support maximal function in different environments
• advises safety precautions.
The assessment report should provide information about factors including balance, strength,
endurance, range of movement, stability, coordination, reaction time and whether functional
capacity fluctuates over the day or in certain circumstances. A physiotherapist will also
consider the influence of coexisting issues such as vision, hearing and cognitive problems,
for example, decreased concentration, difficulties with planning and problem-solving and
inattention to left or right. This information, together with an assessment by an OT to consider
the requirements for a suitable home and living solution, should be taken into account.
Assessments are aimed at those who use mobility aids and where assistance may be
required due to progressive deterioration of balance and mobility.
A physiotherapist is able to review and monitor prescribed exercise programs (including
hydrotherapy) and wil develop support worker training to support the participant to maintain
their functional mobility.
Note: The participant wil require ongoing reviews with the physiotherapist to monitor their
outcomes against their individual goals and the physiotherapist wil implement changes to
any programs or treatment needed.
8.3 Appendix C – Specialist Disability Accommodation
SDA can only be determined as a reasonable and necessary support for participants with
extreme functional impairment or very high support needs. Other home and living options
should be considered and explored as part of determining the reasonable and necessary
supports for a participant. The combination of SDA and other supports must provide greater
benefit in pursuing a participant’s goals and outcomes, and represent value for money
compared to other options.
SDA is intended for participants where their accommodation needs and the supports within
the home cannot be met by the types of housing available in the general market.
The SDA Rules and Our Guideline – SDA provide further guidance on how participants,
providers and their dwelling are considered and managed by the NDIS.
SDA is capital funding the participant will receive in their NDIS plan for the SDA dwelling in
which they live. Any other NDIS funded supports that may be provided within the dwelling are
funded separately to the SDA and through a separate service agreement to the SDA.
SDA is only expected to be funded for a very small portion of participants, around 6% (or
28,000 at full NDIS capacity) is the current estimate.
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If SDA funding is included in the participant’s plan, it is expected this wil assist in meeting the
long-term outcomes for the participant and not be used as a transitional support. SDA
payments to providers are made at the equivalent rate related to the type of SDA as shown in
the participant plan. It is not made based on the current accommodation price for the
dwelling, unless the two are equal, (that is, where there is a difference between the
participant is found eligible for and the rate the dwelling is enrolled for, the lower price is
paid).
There are a range of SDA building types and design categories specified in the SDA Rules
and SDA Pricing and Payments. The building types range from a single resident apartment to
a group home for five residents. The SDA design categories are: Improved Liveability, Fully
Accessible, Robust or High Physical Support.
The NDIS will consider the participant’s current living arrangements, their goals and
aspirations in determining if SDA is appropriate. Therapeutic assessments wil provide the
evidence to further support the planning decision.
When it is identified that SDA is the most suitable home and living solution, the planner must
complete a Home and Living Application to be considered by the Integrated Housing Team.
Participants with SDA in their plan may be requested to make reasonable rent contributions
to their SDA providers. This is capped at 25% of the base rate of the Disability Support
Pension, plus any other government rent assistance payments received. SDA payments are
paid to SDA providers through the plan and are separate to the participant rent contribution.
8.3.1 A new SDA decision
When the participant wishes to move in to SDA for the first time or wishes to move to a
different SDA dwelling, from an existing or in-kind SDA dwelling, this is considered to be new
SDA.
For new SDA, the SDA support funding must not be included in the participant’s plan without
referral for a home and living application decision.
The Integrated Housing Team representative or the Housing Panel wil review the
participant’s SDA eligibility and provide a decision for the participant’s Home and Living
request. If the participant is eligible for SDA the home and living application decision wil
include information on the eligible SDA type and level for the participant. This information is
recorded in the Housing and Accommodation section of the participant’s record.
Refer to the Standard Operating Procedure – Create a Home and Living Application.
8.3.2 Existing or In-Kind SDA
When the participant is already residing in an SDA dwelling when they transition to the NDIS
they are considered to be in existing or in-kind SDA. SDA funding needs to be included in the
participant’s NDIS Plan. Refer to:
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• Standard Operating Procedure – Include Specialist Disability Accommodation (SDA)
supports
• Standard Operating Procedure – Adding In-Kind Supports in a Plan.
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8.3.2.1
Participants transitioning to the NDIS
During transition, all participants already in disability related supported accommodation which
has been funded by either State, Territory or Australian Governments wil be considered to
meet the eligibility criteria for including SDA in their plan. The level of SDA funding approved
wil be at the same level required to match the enrolled SDA dwelling they already live in.
Many existing dwellings are considered
Basic. According to SDA rules, basic cannot be
considered to be a participant’s appropriate SDA. As a result, many participants wil be found
to require a different (higher cost) SDA if they are assessed with the intention to move.
Note: It is not expected that the participant once found eligible for SDA, would lose that
eligibility. Participants are eligible for SDA if they cannot live in mainstream housing because
of:
• an extreme functional impairment
• very high support needs
• their needs are most appropriately met by SDA.
8.4 Appendix D – Types of supports
8.4.1 Assistive Technology
AT is defined by the World Health Organisation as 'any device or system that allows
individuals to perform tasks they would otherwise be unable to do or increases the ease and
safety with which tasks can be performed'.
For information on including AT supports in the participant’s plan refer to Our Guidelines –
Assistive technology on the NDIS website and Assistive Technology guidance on the
Planning resources Intranet page.
8.4.2 Home Modifications
For all Home Modifications, the participant must involve a therapist who is suitably
experienced and qualified to complete these assessments.
Complex Home Modifications are changes to the structure, layout or fit ings of the
participant’s home and are required to enable the participant to safely access and move
around their home.
Al Complex Home Modifications need to be referred to the TAB for
reasonable and necessary advice prior to progressing the quoted modification. Refer
to the TAB Home Modifications intranet page.
It is expected a home modification would only be considered where the home to be modified
is the participant’s primary residence and the participant intends to remain living at the
residence.
8.4.2.1
Public and community housing home modifications
Remain the responsibility of the relevant state/territory and are not funded by the NDIS.
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8.4.2.2
Home ownership home modifications
Participants and families who own their own home may have home modifications funded
through the NDIS if deemed reasonable and necessary.
8.4.2.3
Shared equity home modifications
Where allowable under the agreement, home modifications may be funded through the NDIS
if deemed reasonable and necessary.
8.4.2.4
Private rental home modifications
If home modifications are required in a rental property, written agreement from the owner of
the property is required before the NDIS would consider funding reasonable and necessary
home modifications.
8.4.2.5
SDA home modifications
The NDIS generally does not fund home modifications in properties owned or leased by SDA
providers. The reason for this is that the SDA provider is responsible to provide a suitable
physical environment for their clients.
Refer to Standard Operating Procedure – Include Home Modification Supports in Plans or
Complex Home Modifications Assessment Template.
8.4.3 Capacity Building – Skill Development
If the TSP has generated funding for Capacity building – daily life supports (e.g. individual
therapy assessments), this funding should not be removed from the budget and can be used
to complement identifying home and living solutions if required. For example, funding
generated by the TSP may be used to support the participant in developing their skil s for
self-care tasks as they await suitable housing.
8.4.4 Individualised Living Options (ILO)
ILO supports are included for the participant in two stages. Generally, you wil only include
what is reasonable and necessary for the support model once Stage 1 is complete.
8.4.4.1
Stage 1: Exploration and Design
The first stage is all about the participant exploring and designing their ILO. During this time
the participant works with their family, friends and/or chosen provider to:
• work out where they want to live
• what support they will need
• who they want to provide the support
• complete a Service Proposal form.
To work out what Exploration and Design supports are reasonable and necessary refer to
Our Guidelines – Individualised Living Options.
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To include ILO Stage 1 supports in the participant’s plan, refer to Standard Operating
Procedure – include ILO Stage 1: Exploration and Design.
8.4.4.2
Stage 2: Support Model
The second stage is putting the ILO supports in place. Stage 2 Support Model includes
funding for:
• Primary supports
• Supplementary supports, and
• Monitoring and adjusting supports if the participant’s needs change.
To work out what Support Model funding is reasonable and necessary refer to Our
Guidelines – Individualised Living Options. To include ILO supports in the participant’s plan,
refer to Standard Operating Procedure – include ILO Stage 2: Support Model.
8.4.5 Supported Independent Living
SIL is assistance with and/or supervising tasks of daily life to develop the skil s of participants
to live as independently as possible.
The NDIS generally only provides SIL for participants aged 18 years and over. Funding SIL
for children under the age of 18 years would only be considered in exceptional
circumstances. Al providers wil be required to use the new SIL pack and quoting tool when
submit ing quotes for these services.
The SIL pack and quoting tool and template wil ensure a more efficient and nationally
consistent process and is intended to result in provider quotes being assessed in a timely
and responsive manner.
Refer to the Provider SIL pack and Standard Operating Procedure – Include Supported
Independent Living (SIL) in plans.
9. Supporting material
• NDIS Act 2013
• NDIS Rules
• Planning Operational Guideline
• Our Guideline – Specialist Disability Accommodation (SDA)
• Our Guideline – Medium Term Accommodation
• Our Guideline - Individualised Living Options (ILO)
• Our Guide – Supported Independent Living
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