Disability and the Law – Children

There are many Acts which have been passed to enforce, protect and promote the rights of disabled children and ensure they are not discriminated against because of their disability. Below is a summary of some of the key points which remain in place and continue to guide practice today. Knowing your rights according to the law can be a powerful tool to get the support and services your child is entitled to.

We have taken great care to ensure that the information provided is accurate and up to date. However before using an act we would advise checking this using the following link  http://www.legislation.gov.uk/

It is also important to bear in mind that case law can influence an act or section within an act. Case law is law that has been established following the decisions made by judges in earlier cases.

Equality Act 2010

This is intended to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation.

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.

Carers and Disabled Children Act 2000

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.

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.

Chronically Sick and Disabled Persons Act 1970

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.

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.

Children and Families Act 2014

The Children and Families Act 2014 was established as law on 13 March 2014 and has reformed the systems for adoption, looked after children, family justice and special educational needs.

The Children and Families Act 2014 came into law on 13 March 2014 and has reformed the systems for adoption, looked after children, family justice and special educational needs.

The main changes brought about for Children with Special Educational Needs and Disabilities were:

  • A new Education, Health and Care (EHC) Plan based on a single assessment process replaced special education statements and Learning Difficulty Assessments. This plan provides statutory protections comparable to those currently associated with a statement of SEN up to the age of 25.
  • In line with this the rights of appeal to the SEND Tribunals has been extended to further education
  • The commissioning and planning of services for children, young people and families is run jointly by health services and the local authorities.
  • The rights to a personal budget to support children, young people and families were extended.
  • Schools and Local authorities must now make the Local services available to children and families with SEND  in the form of a Local Offer. This must be provided in a clear, easy to read manner.
  • Local authorities now have a duty to involve families and children in discussions and decisions relating to their care and education; and provide impartial advice, support and mediation services.

 

For more information about the Children and Families Act, and to keep up to date with the proposed changes to SEN, please visit the IPSEA website www.ipsea.org.uk/

Freedom of Information Act 2000

The Freedom of Information Act 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.

Freedom of Information Act 2000

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.

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