Disability and the Law – Adults

The Equality Act 2010 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.

Click here for the Equality Act 2010 guidance.

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.

The Chronically Sick and Disabled Persons Act 1970 places a duty upon local authorities to investigate the level of need for services for people with disabilities 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.

The Freedom of Information Act 2000 gives you the right to ask any public body for all of the information they have on any subject you choose. 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
• Health Trusts, Hospitals and Doctors' Surgeries
• Schools, Colleges and Universities
• Publicly funded Museums
• The Police
• 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.

The Carers (Recognition and Services) Act 1995 places 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 and the Local Authority must take this into account when deciding on the services being offered to the cared-for person.

Further Information on this Act

The Carers (Recognition and Services) Act 1995 research Summary Social Policy Research Unit York University

The Carers (Equal Opportunities) Act came into force in April 2005 and is intended to provide a firm foundation for better practice by Local Authorities and Health Services. 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 Local Authorities to consider a Carer’s outside interests (work, study or leisure) when carrying out an Assessment.
• Promoting better joint working between Local Authorities and Health Services to ensure support for Carers is delivered in a coherent manner.

The Care Act 2014 came into effect in April 2015 and replaced most previous Laws regarding those requiring care and their carer. It is regarded as one of the most significant reforms, with the aim of putting people and their carers in control of their Care and Support.

Among the most significant changes established due to this act were:

• A new set of criteria as to when Local Authorities should be providing support.
• A change to the way in which Local Authorities complete assessments with those in need of support.
• New rights for Carers which put them on the same footing as the people they care for.
• A greater emphasis on protecting the most vulnerable people in society from abuse and neglect.
• A greater emphasis on prevention - Local Authorities and other Providers of support will encourage and assist people to lead healthy lives which will reduce the chances of them needing increased support in the future.
• A greater emphasis on Local Authorities to provide clear information and advice to help people make informed choices about their support arrangements.
• A greater emphasis on Personal Budgets.
• A greater emphasis on those most in need being given access to an advocate when they are dealing with Social Care Professionals.
• Greater regulation for those who provide Professional Care and Support, and tougher penalties for those who do not provide care and support to a high enough standard.
• Changes to when and how people will be asked to contribute towards the cost of support which has been arranged in conjunction with their Local Authority - most of these changes will not come into effect until 2020.

The Care Act is mainly for adults in need of care and support, and their adult carers. There are some provisions for the Transition of Children in Need of Care and Support, Parent Carers of Children in Need of Care and Support, and Young Carers. However, the main provisions for these groups (before Transition) are in the Children and Families Act 2014 

For more information on the Care Act please click here.