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Make
provision about the assessment and delivery of short breaks
and respite |
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care for carers of disabled
children; to amend the law relating to disabled |
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children and their carers;
to place duties on local authorities and the National |
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Health Service in respect
of disabled children and their carers; and for |
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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) |
The following principles
apply for the purposes of this Act. |
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(2) |
Carers for disabled children
on an unpaid basis have a right to short breaks |
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from their caring role
on a regular basis. |
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(3) |
Local authorities and
the National Health Service have a responsibility to |
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provide high quality short
breaks (or respite care) for the benefit of both |
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disabled children and their
carers. |
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(4) |
In any assessment by a
local authority of the ability of a carer to provide care |
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for a disabled child, provision
must be made for regular and appropriate short |
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breaks from a caring role
for that person. |
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2 |
Short
break 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 subsections (10A)
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15 |
(3) |
After subsection (10) there
is inserted— |
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“(10A) |
Where a person with parental
responsibility for a disabled child is |
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ordinarily
resident in their area and provides a substantial amount of
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care
on a regular basis for that child a local authority having functions
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under
this Part of this Act has a specific duty to assess the needs
of the |
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child
and family for short break care and make arrangements for the
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provision
for that child of a suitable level of short break care. |
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(10B) |
In making arrangements
under subsection (10A) above, a local |
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authority
must act in accordance with the principles set out in section
1 |
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of
the Disabled Children (Family Support) Act 2007.” |
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3 |
Disabled
children with health needs |
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(1) |
Where a disabled child
has a material health care need it shall be the specific |
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duty of the relevant NHS
body and the relevant children services authority to |
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assess the disabled child’s
need for short break care. |
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(2) |
Where an assessment under
subsection (1) has been undertaken and the |
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relevant NHS body and children
services authority are satisfied that the |
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disabled child’s
needs require the provision of short break care, they shall
be |
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under a specific duty to
make arrangements for such care. |
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(3) |
When discharging their
duties under subsection (2) the relevant NHS body and |
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children services authority
must— |
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(a) |
inform any person with
parental responsibility for the disabled child |
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whom they believe is providing
or intending to provide a substantial |
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amount of care for that
child that he may be entitled to a carer’s |
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assessment under the Carers
(Recognition and Services) Act 1995 (c. |
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(b) |
take into account any assessment
undertaken under the Carers |
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(Recognition and Services)
Act 1995; and |
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(c) |
co-operate with one another
to provide the effective discharge of their |
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duties under subsection
(2). |
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(4) |
In this section a health
care need is “material” if in the opinion of the
relevant |
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children services authority
it either impairs the ability of that authority to |
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arrange short break care
for the child or is a health care need that may require |
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attention during a period
of short break care. |
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(5) |
In this section the relevant
NHS body means the Primary Care Trust or Local |
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Health Board on whose medical
list the medical practitioner with whom the |
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child is registered is
included or, in relation to a medical practitioner whose |
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name is included on more
than one Primary Care Trust or Local Health Board |
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medical list, the Trust
or Board in whose area, on the relevant date, most of the |
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practice’s patients
are living. |
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(6) |
The relevant date in subsection
(5) shall be taken as the date on which the |
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assessment carried out
in accordance with subsection (1) is completed. |
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(7) |
In this section the relevant
children services authority means— |
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(a) |
in England, the children
services authority in whose area the disabled |
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child is ordinarily resident;
and |
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(b) |
in Wales, the social services
authority in whose area the disabled child |
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(8) |
The Secretary of State
(or, in relation to Wales, the National Assembly for |
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Wales) may issue directions
on the manner in which an assessment under |
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subsection (1) is to be
carried out or the form it is to take. |
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45 |
| |
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| |
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(1) |
Section 1 of the Carers
(Recognition and Services) Act 1995 (assessment of |
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ability of carers to provide
care: England and Wales) is amended as follows. |
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(a) |
after subsection (2) there
is inserted— |
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“(2AA) |
Subject to subsection
(3) below, in any case where— |
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(a) |
an assessment is being
undertaken for the purposes of |
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section
3 of the Disabled Children (Family Support) Act |
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(b) |
an individual (“the
carer”) provides or intends to |
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provide
a substantial amount of care on a regular basis |
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the
carer may request the children services authority, before the
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relevant
NHS body and children services authority decide the |
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extent
of the disabled child’s need for short break care, to
carry |
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out
an assessment of his ability to provide and to continue to |
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provide
care for the disabled child; and if he makes such a |
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request,
the children services authority shall carry out such an |
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assessment
and the relevant NHS body and children services |
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authority
shall take into account the results of that assessment |
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in
making that decision.” |
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(b) |
in subsection (2A) after
the words “or (2)” there is inserted “or (2AA)”. |
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(c) |
in subsection (2B) after
the words “subsection (2)” there is inserted “or
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(d) |
in subsection (2C) after
the words “or (2)” there is inserted “or (2AA)”. |
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(e) |
in subsection (3) after
the words “or (2)” there is inserted “or (2AA)”. |
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(f) |
in subsection (4) after
the words “or (2)” there is inserted “or (2AA)”. |
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(g) |
in subsection (5) after
the words “subsection (2)” there is inserted “or
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(2) |
Section 6 of the Carers
and Disabled Children Act 2000 (c. 16) is amended by
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inserting in subsection
(2) after the words “section 1(2)” the words “or
(2AA)”. |
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5 |
Amendment
of Childcare Act 2006 |
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(1) |
The Childcare
Act 2006 (c. 21) is amended as follows. |
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(2) |
In section 6 (duty to
secure sufficient childcare for working parents), in |
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subsection (1) after paragraph
(b) there is inserted “; or |
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“(c) |
to sustain their caring
responsibilities where they are providing |
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regular
and substantial care for a disabled child”. |
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(3) |
In section 22 (duty to
secure sufficient childcare for working parents), in |
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subsection (1) after paragraph
(b) there is inserted “; or |
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“(c) |
to sustain their caring
responsibilities where they are providing |
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regular
and substantial care for a disabled child”. |
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40 |
6 |
Definition
of a disabled child |
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Section 17 of the Children
Act 1989 is amended by substituting for subsection |
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| |
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“(11) |
For the purposes of this
Part, a child is disabled if he is disabled within |
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the
meaning of section 1 of the Disability
Discrimination Act 1995 (c. |
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“development”
means physical, intellectual, emotional, social or |
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behavioural development;
and |
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“health”
means physical or mental health”. |
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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 |
|
|
Act 2000 (assessment: persons
with responsibility for disabled |
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“children’s
services authority” means a local authority as defined
in |
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section 63(1) of the Children
Act 2004 (c. 31) (disclosure of information |
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“disabled child”
means a child who is disabled within the meaning of |
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|
section 1 of the Disability
Discrimination Act 1995; |
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“local authority”
means a local authority having responsibilities under the |
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Carers (Recognition and
Services) Act 1995 or the Carers and Disabled |
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“parental responsibility”
has the meaning as defined in section 3 of the |
|
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Children Act 1989 (meaning
of “parental responsibility”); |
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|
“respite care”
has the same meaning as “short break care”; |
|
|
“short break care”
means a service provided to the disabled child in order |
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25 |
that the person with parental
responsibility for the child has a break |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
sums to be paid by the Secretary of State for or in connection
with the |
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carrying
out of his functions under this Act; and |
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(b) |
any
increase attributable to this Act in the sums which are payable
out of |
|
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money
so provided under any other Act. |
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9 |
Local
authority functions |
|
|
In Schedule 1 to the Local
Authority Social Services Act 1970 (c. 42) (enactments |
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35 |
conferring functions assigned
to social services committees) at the end there |
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| |
“Disabled
Children (Family |
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| |
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Assessment of carers
and provision |
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40 |
| |
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10 |
Short
title, commencement and extent |
|
|
(1) |
This Act may be cited as
the Disabled Children (Family Support) Act 2007. |
|
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(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— |
|
5 |
(a) |
in relation to England,
by the Secretary of State; and |
|
|
(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. |
|
10 |
(5) |
A statutory instrument
containing an order under subsection (4) shall be |
|
|
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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| |
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