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Make
provision about the assessment of disabled children’s needs;
to amend |
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the law relating to children;
to place duties on local authorities and the |
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National Health Service in
respect of disabled children and their carers; and |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Specific
social care services for disabled children |
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(1) |
Section 17 of the Children
Act 1989 (c. 41) (provision of services for children
in |
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need, their families and
others) is amended as follows. |
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(2) |
In subsection (2) at the
beginning there is inserted “Subject to subsection (11A)
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5 |
(3) |
After subsection (11) there
is inserted— |
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“(11A) |
Where a local authority
having functions under this Part are satisfied in |
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the
case of any disabled child who is ordinarily resident in their
area |
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that
it is necessary in order to meet the needs of that child for that
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authority
to make arrangements for all or any of the following matters,
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10 |
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(a) |
the provision of practical
assistance for that person in his home; |
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(b) |
the provision for that person
of, or assistance to that person in |
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obtaining,
wireless, television, library or similar recreational |
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(c) |
the provision for that person
of lectures, games, outings or other |
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recreational
facilities outside his home or assistance to that |
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person
in taking advantage of educational facilities available to |
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(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 |
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in
any services provided under arrangements made by the |
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authority
under section 29 or, with the approval of the |
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authority,
in any services provided otherwise than as aforesaid |
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which
are similar to services which could be provided under |
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(e) |
the provision of assistance
for that person in arranging for the |
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carrying
out of any works of adaptation in his home of the |
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provision
of any additional facilities designed to secure his |
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greater
safety, comfort or convenience; |
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(f) |
facilitating the taking
of holidays by that person, whether at |
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holiday
homes or otherwise and whether provided under |
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arrangements
made by the authority or otherwise; |
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(g) |
the provision of meals for
that person whether in his home or |
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(h) |
the provision for that person
of, or assistance to that person in |
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obtaining,
a telephone and any special equipment necessary to |
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enable
him to use a telephone; |
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(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
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(11B) |
In this Part “respite
care” means a service provided to the disabled child |
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in
order that the person with parental responsibility for the child
has a |
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20 |
2 |
Co-operation
between health bodies and local authorities |
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(1) |
In exercising their respective
functions NHS bodies (on the one hand) and local |
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authorities (on the other)
shall co-operate with one another in order— |
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(a) |
to ensure the effective discharge
by local authorities of their duties |
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under section 1
of this Act; and |
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(b) |
to promote and safeguard
the health and welfare of disabled children |
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and their carers in England
and Wales. |
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(2) |
In this section “NHS
body” means a Health Authority, Special Health |
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Authority, Primary Care Trust,
Local Health Board or National Health Service |
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“local authority”
means a local authority having responsibilities under the |
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Carers
(Recognition and Services) Act 1995 (c. 12) or the
Carers and |
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Disabled
Children Act 2000 (c. 16); |
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“carer” means
a person with parental responsibility for a disabled child |
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within the meaning of section
6 of the Carers and Disabled Children
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“disabled child”
means a child who is disabled within the meaning of Part |
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III of the Children
Act 1989 (c. 41). |
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40 |
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Section 28A (application
of Act to authorities having functions under the |
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Children Act 1989) of the
Chronically Sick and Disabled Persons
Act 1970 |
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There
shall be paid out of money provided by Parliament any increase
attributable to |
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this
Act in the sums payable out of money so provided by virtue of
any other Act. |
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6 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Disabled Children’s Assessment and Services Bill |
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(2) |
Apart from this section,
this Act comes into force on such day as may be |
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appointed by order made by
statutory instrument. |
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(3) |
An order under subsection
(2) is to be made— |
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(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. |
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(4) |
The Secretary of State may
by order made by statutory instrument provide that |
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this Act shall have effect
in its application to the Isles of Scilly with such |
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modifications as are specified
in the order. |
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(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 |
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(6) |
This Act extends to England
and Wales only. |
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