Disabled Children\xd5 s Assessment and Services Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Disabled Children's Assessment and Services Bill

Disabled Children’s Assessment and Services Bill

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A

Bill

To

Make provision about the assessment of disabled children’s needs; to amend

the law relating to children; to place duties on local authorities and the

National Health Service in respect of disabled children and their carers; and

for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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Specific social care services for disabled children

(1)

Section 17 of the Children Act 1989 (c. 41) (provision of services for children in

need, their families and others) is amended as follows.

(2)

In subsection (2) at the beginning there is inserted “Subject to subsection (11A)

below”.

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(3)

After subsection (11) there is inserted—

“(11A)

Where a local authority having functions under this Part are satisfied in

the case of any disabled child who is ordinarily resident in their area

that it is necessary in order to meet the needs of that child for that

authority to make arrangements for all or any of the following matters,

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namely—

(a)

the provision of practical assistance for that person in his home;

(b)

the provision for that person of, or assistance to that person in

obtaining, wireless, television, library or similar recreational

facilities;

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(c)

the provision for that person of lectures, games, outings or other

recreational facilities outside his home or assistance to that

person in taking advantage of educational facilities available to

him;

(d)

the provision for that person of facilities for, or assistance in,

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travelling to and from his home for the purpose of participating

in any services provided under arrangements made by the

authority under section 29 or, with the approval of the

authority, in any services provided otherwise than as aforesaid

Bill 128 54/1

Disabled Children’s Assessment and Services Bill

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which are similar to services which could be provided under

such arrangements;

(e)

the provision of assistance for that person in arranging for the

carrying out of any works of adaptation in his home of the

provision of any additional facilities designed to secure his

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greater safety, comfort or convenience;

(f)

facilitating the taking of holidays by that person, whether at

holiday homes or otherwise and whether provided under

arrangements made by the authority or otherwise;

(g)

the provision of meals for that person whether in his home or

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elsewhere;

(h)

the provision for that person of, or assistance to that person in

obtaining, a telephone and any special equipment necessary to

enable him to use a telephone;

(i)

the provision for that person of respite care;

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then it shall be the specific duty of that authority to make those

arrangements.

(11B)

In this Part “respite care” means a service provided to the disabled child

in order that the person with parental responsibility for the child has a

break from caring.”

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Co-operation between health bodies and local authorities

(1)

In exercising their respective functions NHS bodies (on the one hand) and local

authorities (on the other) shall co-operate with one another in order—

(a)

to ensure the effective discharge by local authorities of their duties

under section 1 of this Act; and

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(b)

to promote and safeguard the health and welfare of disabled children

and their carers in England and Wales.

(2)

In this section “NHS body” means a Health Authority, Special Health

Authority, Primary Care Trust, Local Health Board or National Health Service

trust.

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3

Interpretation

In this Act—

“local authority” means a local authority having responsibilities under the

Carers (Recognition and Services) Act 1995 (c. 12) or the Carers and

Disabled Children Act 2000 (c. 16);

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“carer” means a person with parental responsibility for a disabled child

within the meaning of section 6 of the Carers and Disabled Children

Act 2000;

“disabled child” means a child who is disabled within the meaning of Part

III of the Children Act 1989 (c. 41).

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Repeals

Section 28A (application of Act to authorities having functions under the

Children Act 1989) of the Chronically Sick and Disabled Persons Act 1970

(c. 44) is repealed.

Disabled Children’s Assessment and Services Bill

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Financial provision

There shall be paid out of money provided by Parliament any increase attributable to

this Act in the sums payable out of money so provided by virtue of any other Act.

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Short title, commencement and extent

(1)

This Act may be cited as the Disabled Children’s Assessment and Services Bill

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2006.

(2)

Apart from this section, this Act comes into force on such day as may be

appointed by order made by statutory instrument.

(3)

An order under subsection (2) is to be made—

(a)

in relation to England, by the Secretary of State; and

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(b)

in relation to Wales, by the National Assembly for Wales.

(4)

The Secretary of State may by order made by statutory instrument provide that

this Act shall have effect in its application to the Isles of Scilly with such

modifications as are specified in the order.

(5)

A statutory instrument containing an order under subsection (4) shall be

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subject to annulment in pursuance of a resolution of either House of

Parliament.

(6)

This Act extends to England and Wales only.