Disability and the Law

The handbook aims to empower disabled children and their families through a greater understanding of their rights and entitlements. It is essential reading for the families of disabled children, their advocates and lawyers, voluntary and statutory sector advisers, commissioners, managers and lawyers working for public authorities, education, social and health care professionals, students and academics.

Copies of this handbook can be ordered from the Legal Action Group website, click here.

To download the individual chapters, see below

1. Understanding disabled children's lives.

A detailed analysis of the key research findings and policy documents relating to disabled children and their families. Click here.

2. Legal fundamentals.

An explanation as to the different sources of law relevant to the rights of disabled children and their families as well as an explanation of the legal terminology and commonly encountered problems. Click here.

3. Children's services.

Detailed analysis of the rights of disabled children and their families to support services and equipment from local authority social services/children's services departments. Click here.

4. Education & special educational needs.

A detailed analysis of the rights of disabled children to have their special educational needs assessed and these met by local
authority education departments. Click here.

5. Health.

A detailed analysis of the rights of disabled children and their families to support from the NHS, including the obligations of Child and Adult Mental Health services (CAMHS). Click here.

6. Housing.

A detailed analysis of the rights of disabled children and their families to have their housing needs (including their need for adaptations and equipment and disabled facilities grants met by local social services and housing departments. Click here.

7. Welfare benefits.

A detailed analysis of the rights of disabled children and their families to social security support. Click here.

8 Carers.

A detailed analysis of the rights of the carers of disabled children. Click here.

9. Equality and non-discrimination.

A detailed analysis of how the Equality Act 2010 protects the rights of disabled children and their families. Click here.

10. Transition to adulthood.

A detailed analysis of the rights of disabled children as they transit into adulthood and of the obligations of the relevant public bodies to young people and young adults in this situation. Click here.

Written by Steve Broach, Luke Clements and Janet Read.

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The Carers (Equal Opportunities) Act came into force in April 2005 and is intended to provide a firm foundation for better practice by councils and the health service. It builds on existing legislation and support for carers by:

• placing a duty on local authorities to ensure that all carers know that they are entitled to an assessment of their needs
• placing a duty on councils to consider a carer's outside interests (work, study or leisure) when carrying out an assessment
• promoting better joint working between councils and the health service to ensure support for carers is delivered in a coherent manner

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The Act imposes a general duty on local councils to provide a range of services to 'children in need' in their area if those services will help keep a child safe and well. Some services are provided by the council free of charge, although councils can also decide which services you will need to pay for, or contribute to.

A 'child in need' may be:

• disabled (for a definition of disability see the Children Act 1989 link)
• unlikely to have, or to have the opportunity to have, a reasonable standard of health or development without services from a local authority; or
• unlikely to progress in terms of health or development; or
• unlikely to progress in terms of health or development, without services from a local authority

Local councils must identify the extent of need in their area and make decisions about levels of service they provide.

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The Disability Discrimination Act is a piece of legislation that promotes civil rights for disabled people and protects disabled people from discrimination.

From 1 October 2010, the majority of the Equality Act 2010 will be implemented and will replace major parts of the provisions of the Disability Discrimination Act.

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This act places a duty upon local authorities to investigate the level of need for services for people with disability who live in their area. This includes the assessment and provision of practical assistance in the home, help with adaptations to property, leisure, and assistance with meals and a telephone.

The apparent meaning of this act has been modified by decisions of the courts. Reference should therefore also be made to the relevant case law summaries.

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This is intended to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to prepare for them. The Government is currently considering how the different provisions will be commenced so that the Act is implemented in an effective and proportionate way. In the meantime, the Government Equalities Office continues to work on the basis of the previously announced timetable, which envisaged commencement of the Act's core provisions in October 2010.

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Under the Carers and Disabled Children Act 2000, carers aged 16 or over who provide a regular and substantial amount of care for someone aged 18 or over have the right to an assessment of their needs as a carer.

If there is more than one carer providing regular care in your household, you are both entitled to an assessment.
Very occasionally, a 16- or 17-year-old who cares for someone for a limited period may be entitled to an assessment. The local council has a responsibility to make sure a young carer's own well-being is looked after and that they receive the necessary support.

If you have parental responsibility for a disabled child, your needs as a carer will be assessed as part of a family needs assessment. You have the right to a family needs assessment under The Children Act 1989. You do not need to be the mother or father of the child.

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This act places a duty on local authorities to ensure that all carers know that they are entitled to an assessment of their needs, and to consider a carer's outside interests - work, study or leisure - when carrying out an assessment.

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This Act puts a duty on the local authority (social services department) to carry out a carers assessment, if the carer provides or intends to provide a substantial amount of care on a regular basis. The carer can request an assessment before the cared-for person is assessed, if they wish and the local authority must take this into account when deciding on the services to be offered for the cared-for person.

For links to this act go to: Carers (Recognition and Services) Act 1995

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The Data Protection Act's rules are quite complex, but at the heart of it are eight common sense rules known as the 'data protection principles'.

These principles require any organisation, corporation or governmental body that collects personal information to handle it safely. Anyone collecting personal information must:

• fairly and lawfully process it
• process it only for limited, specifically stated purposes
• use the information in a way that is adequate, relevant and not excessive
• use the information accurately
• keep the information on file no longer than absolutely necessary
• process the information in accordance with your legal rights
• keep the information secure
• never transfer the information outside the UK without adequate protection

All organisations collecting and using personal information are legally required to comply with these principles.
The law provides stronger protection for more sensitive information - such as your ethnic background, political opinions, religious beliefs, health, sexual life or any criminal history. It is enforced by an independent information commissioner, who can take action against any company or governmental body that fails to protect your information, or that abuses its right to collect and hold that information.

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The FOI gives you the right to ask any public body for all the information they have on any subject you choose. Also, unless there's a good reason, the organisation must provide the information within a month.

The Freedom of Information Act applies to all 'public authorities' including:

• Government departments and local assemblies
• local authorities and councils
• health trusts, hospitals and doctors' surgeries
• schools, colleges and universities
• publicly funded museums
• the police
• lots of other non-departmental public bodies, committees and advisory bodies

Any person can make a request for information under the Act - there are no restrictions on your age, nationality, or where you live.

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Luke Clements is a Professor at Cardiff Law School, and is solicitor with Scott-Moncrieff Harbour and Sinclair (London). He has conducted many cases before the European Commission and Court of Human Rights and continues to act in an advisory capacity for many complaints to the Court.

Luke has run many training sessions at Full of Life ensuring parents and carers know their rights for themselves and their child. Luke has kindly given us permission post the notes some of the training session here.

His most recent training sessions in spring of 2011 covered the following topics:

Spring 2011

• A Vital Price of Work - Notes & Powerpoint Presentation
• Carers' Rights and Assessments

Click a topic to download the notes for the session

Training sessions in 2009/2010 covered the following topics:

Winter 2009/2010

• Assessment Criteria for Short Breaks
• Capacity & Decision Making
• Carers & NHS
• Direct Payments & NHS
• Disabled Children in Transition
• Supporting Families, Safeguarding and the use of the complaints process

Click a topic to download the notes for the session

For more information on the training sessions held at Full of life by Luke Clements contact us but clicking here.

For more information about Luke Clements visit www.lukeclements.co.uk or email: luke@lukeclements.com

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Extract from: Equality Advisory Support Service (EASS)

The Equality and Human Rights Commission has launched a new online resource about human rights to help public sector bodies in England and Wales and organisations carrying out public functions and advocacy.

The resource focuses on nine public sectors areas:

• adult social care
• children's services
• health
• housing
• education services
• local government
• criminal justice
• courts and prisons
• policing
• immigration and asylum

The resource also includes details about supporting the rights of particular groups such as elderly and disabled people. For example it points out with regard to adult social care that public authorities can infringe human rights when they are excessively risk averse as well as when they fail to avoid risk.

Visitors to the site are further invited to fill in a brief survey and make suggestions as to what other types of guidance they would find useful.

For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission's national helpline:0800 444 205.

To visit the resource website, click here

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The Council for Disabled Children has published some helpful information for parents and carers of disabled childern on their child's rights to access activities, community facilities and other services.

Topics include:

• Behaviour management
• Epilepsy
• Invasive care
• Sensory impairments
• Moving & handling
• Transport
• Personal care
• Communication

You can also download 6 leaflets on the following areas:

• Children's rights to communicate their views and be listened to
• Choosing a service for your child
• Expectations
• The Equality Act
• What is risk?
• What services need to know - a leaflet aimed at service providers

 To Get Informed, click here!

 

 

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