Disabled Persons (Independent Living) Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Disabled Persons (Independent Living) Bill [HL]

Disabled Persons (Independent Living) Bill [HL]
Part 1 — Introductory
1

A
Bill
To
Impose duties upon certain persons and bodies in respect of disabled persons;
to confer certain rights upon disabled persons for independent living; to
amend the Mental Health Act 1983; to amend the Care Standards Act 2000;
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:—
Part 1
Introductory
1
General principles
(1)
The purpose of this Act is to ensure that disabled persons enjoy the same
choice, freedom, dignity, control and substantive opportunities as persons
5
who are not disabled at home, at work, and as members of the community.
(2)
The following principles apply for the purposes of this Act.
(3)
Disabled persons should be able to exercise choice, freedom and control and
enjoy personal dignity and substantive opportunities to participate fully in
work, family life, education, public, community and cultural life.
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(4)
Disabled persons are the best judge of their own requirements and therefore
any practical assistance and associated support allocated to disabled persons
following assessment should be based on their own choices, lifestyle
preferences and aspirations.
(5)
Any action taken or decision made under this Act in relation to a disabled
15
person’s living arrangements and accommodation should ensure that each
disabled person is empowered to determine his own living arrangements in
relation to—
(a)
the type of accommodation or setting in which he wishes to live; and
(b)
with whom he shares that accommodation or living space.
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Disabled Persons (Independent Living) Bill [HL]
Part 1 — Introductory
2

(6)
In all actions concerning disabled children the best interests of the child shall
be the primary consideration.
(7)
Disabled children should be able to express their views freely in relation to all
matters affecting them and the views and aspirations of the child shall be given
due weight in accordance with his age and maturity.
5
(8)
Disabled children should be supported to express their views freely in relation
to acts done or decisions made under this Act for or on their behalf, to
participate actively in those decisions and to develop greater capacity to
express their views and participate in decision-making.
(9)
Disabled adults should be enabled and empowered to make their own
10
decisions, with whatever support they require to do so, and disabled adults
who may lack or have reduced capacity to make certain decisions on their own
should be supported to develop greater capacity to do so.
(10)
Disabled persons should not suffer detriment or be denied opportunities or
benefits for reasons relating to their—
15
(a)
age;
(b)
colour, race, nationality or ethnic or national origins;
(c)
impairment or any aspect of their appearance or behaviour which
might lead others to make unjustified assumptions about them;
(d)
family status;
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(e)
gender reassignment;
(f)
language;
(g)
marital status;
(h)
pregnancy;
(i)
religion or belief;
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(j)
sex;
(k)
sexual orientation;

and steps taken under this Act should be taken with a view to correcting
conditions of disadvantage and social exclusion for disabled persons which
arise from discrimination on the grounds listed above which may require the
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taking of positive measures.
(11)
Any action taken or decision made under this Act, for or on behalf of a disabled
person, should be done or made with due regard to the need to respect and
promote his human rights and the principles set out in this Act.
(12)
Independent living support should be provided and arranged in such a way as
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to ensure that no disabled person has to rely on care and support provided by
a child or young person such as may impair the health or wellbeing or
educational and leisure opportunities of the child or young person.
(13)
Carers, including those with parental responsibility for disabled children,
should not be subject to any arrangements or decisions which would unduly
40
limit their substantive opportunities for independent living or damage their
health and wellbeing, and disabled persons should not be subject to
consequent undue dependence in relation to anything done under this Act.
(14)
All those with duties under this Act shall carry out those duties to the
maximum extent of their available resources.
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Disabled Persons (Independent Living) Bill [HL]
Part 1 — Introductory
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2
Relationship with the Disability Discrimination Act 1995
The provisions of this Act are without prejudice to the duties of public
authorities under section 49A(1) of the Disability Discrimination Act 1995
(c. 50).
3
Interpretation
5
In this Act—
“accessible information” means information in a range of formats and
languages that disabled persons can access with ease including, but not
limited to, information in large print, plain English, audio format,
braille, easy read format (short easy-to-understand words, large print
10
and pictures), information in such formats provided in a range of
community languages other than English (including Welsh) and in
versions suitable for children, and information in British Sign
Language;
“appropriate authority” means—
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(a)
in relation to England, the Secretary of State,
(b)
in relation to Wales, the Welsh Ministers;
“associated support” means any associated treatment, therapy,
continuing health or personal care or skills training a disabled person
requires to develop, increase or sustain their capacity for independent
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living;
“authorised representative” means a nominated supporter or an
independent advocate;
“carer” means a person who provides some form of care and support to a
disabled person and who is not paid for providing that care and
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support (nor provides the care and support as a volunteer placed into
that role by a voluntary organisation);
“disabled child” means a disabled person who is under 18 years of age;
“disabled person” means a person of any age (unless specified otherwise)
who—
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(a)
has a physical, neurological or sensory impairment, a learning
disability, a mental health problem, an illness or health
condition, or
(b)
has had an illness or health condition,
and who faces barriers to independent living, or any other class of
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person as my be prescribed by the Secretary of State;
“independent advocacy services” means services of support and
representation which—
(a)
are made available for the purpose of enabling disabled persons
to say what they want, secure their rights and obtain services
40
they need;
(b)
provide a range of advocacy options including support from a
specialist advocate (a paid advocate with specialist training and
skills), a citizen advocate (a volunteer advocate who will
support a disabled person to speak up for himself or speak up
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for and represent a disabled person’s interests), peer advocacy
(an advocate who shares similar experiences to the disabled
person he is working with) and self advocacy (a disabled person
speaking up for and representing his own interests with
support from a self advocacy group);
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Disabled Persons (Independent Living) Bill [HL]
Part 1 — Introductory
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(c)
are provided by a person who is not a local authority or NHS
body and who is otherwise free from conflicts of interest with
those providing services to the disabled person; and
(d)
work in partnership with the disabled persons they support and
further their interests;
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“independent advocate” means a person who—
(a)
enables disabled persons to say what they want, secure their
rights and obtain services they need;
(b)
is either a specialist advocate or a citizen advocate provided or
arranged by the responsible authorities in conjunction with
10
their duties to secure independent advocacy services under this
Act;
(c)
is not a local authority or NHS body and is otherwise free from
conflicts of interest with those providing services to the
disabled person; and
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(d)
works in partnership with the disabled person concerned and
furthers their interests;
“independent living” means disabled persons enjoying the same choice,
freedom, dignity, control and substantive opportunities as persons
who are not disabled at home, at work, and as members of the
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community in order to improve outcomes for disabled persons in
relation to—
(a)
their individual autonomy;
(b)
their confidence and security;
(c)
respect for and full enjoyment of their rights to privacy and
25
family life;
(d)
their participation in education, life-long learning, training and
recreation;
(e)
the contribution made by them to society, including their
participation in voluntary work and employment;
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(f)
their social and economic well-being;
(g)
their participation in community and public life; and
(h)
their physical and mental health and emotional well-being;
“language” means communication in British Sign Language, appropriate
community languages, Welsh and English;
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“local authority” means—
(a)
a county council in England;
(b)
a metropolitan district council in England;
(c)
a non-metropolitan district council in England for an area for
which there is no county council;
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(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;
(g)
a county council or county borough council in Wales;
“nominated supporter” means a person who could be a family member or
45
a friend, whom a disabled person has chosen to support him to say
what he wants, secure his rights, assist him in obtaining services he
needs and represent his interests, and may include more than one such
person;
“NHS body” means—
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Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 1 — General duties in relation to independent living
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(a)
in relation to England, a Strategic Health Authority, a Special
Health Authority, an NHS trust, and NHS foundation trust, a
Primary Care Trust (including a Care Trust established under
section 16A of the National Health Service Act 1977 (c. 49)),
(b)
in relation to Wales, a Local Health Board or an NHS trust;
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“prescribed” means specified in, or determined in accordance with,
regulations made by the appropriate authority or by the Secretary of
State where so specified;
“racial group” means any group of persons identified by reference to their
colour, race, nationality or ethnic or national origins;
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“religion or belief” means any religion, religious belief or similar
philosophical belief (including agnosticism, atheism and humanism);
“sexual orientation” means an orientation towards—
(a)
persons of the same sex;
(b)
persons of the opposite sex;
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(c)
persons of the same sex or the opposite sex;
“undue dependence” means a disabled person being forced to rely on
carers for basic support and assistance and consequently facing worse
outcomes in relation to independent living than would otherwise be
the case.
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Part 2
Independent living
Chapter 1
General duties in relation to independent living
4
National independent living strategy
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(1)
The appropriate authority shall prepare and implement a national
independent living strategy (“the strategy”) with a view to ensuring the
effective and sustainable implementation of the provisions of this Part.
(2)
The strategy shall include the following—
(a)
a national economic plan which—
30
(i)
sets out the costs and benefits of implementation, and commits
to the provision of such transitional or other funding as may be
required, and
(ii)
ensures that, as far as possible, consequential savings from any
provision of this Act are utilised and reinvested in such a way
35
as to support the effective implementation of other provisions
of this Act;
(b)
a national resource allocation framework to facilitate local
implementation of individual budgets;
(c)
a national workforce development plan that reviews the skills and
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numbers of skilled workers that are required to deliver effective,
personalised support and associated support services to disabled
persons and sets out measures to be taken to develop a suitably skilled
and sufficient workforce;
(d)
a national support services development plan that sets out the gaps in
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Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 1 — General duties in relation to independent living
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support in relation to independent living (including, in particular, that
provided by organisations for disabled people) and associated support
services and measures to address these gaps; and
(e)
any other measures which appear necessary to the achievement of
independent living for disabled persons.
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(3)
In preparing a strategy under this section the appropriate authority shall
consult—
(a)
disabled persons and organisations representing disabled persons,
including disabled persons from black and minority ethnic
communities and organisations representing them;
10
(b)
older persons and organisations representing older persons;
(c)
parents of disabled children and organisations representing such
persons;
(d)
carers and organisations representing carers;
(e)
representatives of local authorities and NHS bodies and the relevant
15
partners referred to in section 7;
(f)
providers of independent living services, including those in the
voluntary and private sectors;
(g)
relevant inspection and professional bodies; and
(h)
other persons appearing to them to have an interest.
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5
General duty of local authorities and NHS bodies
(1)
It shall be the duty of each local authority and each NHS body in carrying out
their functions to promote independent living for disabled persons.
(2)
In performing their duty under this section, each local authority and each NHS
body shall have regard to any guidance given from time to time by the
25
appropriate authority.
6
Further duties of local authorities
(1)
For the purpose of their general duty under section 5(1), each local authority
has the further duties imposed by subsections (2) and (3) below.
(2)
Each local authority shall make arrangements to secure, so far as reasonably
30
practicable, the availability to disabled persons in their area of—
(a)
an appropriate and sufficient range of communication support
services;
(b)
an appropriate and sufficient range of independent advocacy services
for disabled persons;
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(c)
an appropriate and sufficient range of practical support services, aids,
equipment and adaptations designed to meet all reasonable
requirements related to independent living;
(d)
an appropriate and sufficient range of support services to provide
advice, information and practical assistance to disabled persons in
40
relation to independent living, including assistance in managing an
individual budget under section 15;
(e)
an appropriate and sufficient range of residential accommodation, a
register thereof, and housing-related support and services;
(f)
an appropriate and sufficient range of employment opportunities and
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services;

Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 1 — General duties in relation to independent living
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(g)
an appropriate and sufficient range of services which enable disabled
persons and their carers to take a break from their normal support
arrangements and which are calculated to be of benefit to both the
disabled person and the carer.
(3)
Each local authority shall take all reasonable steps to encourage and facilitate
5
the involvement in the making and implementation of arrangements under
this section of—
(a)
disabled persons including, in particular, disabled persons from black
and minority ethnic communities;
(b)
older persons;
10
(c)
parents of disabled children;
(d)
carers;
(e)
organisations representing the persons referred to in paragraphs (a) to
(d); and
(f)
providers of independent living services in their area, including those
15
in the voluntary and private sectors.
(4)
For the purposes of this section, an “appropriate and sufficient” range of
services means a quality and quantity of services which are adequate to meet
the requirements of disabled persons of all ages and backgrounds in a
particular local authority area.
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(5)
In carrying out its duties and making arrangements under this section and the
rest of this Part, a local authority shall facilitate the provision by others
(including, in particular, voluntary organisations) of services which the
authority has a duty to provide or secure and may, wherever appropriate,
employ as their agent any voluntary organisation or any person carrying on,
25
professionally or by way of trade or business, activities which consist of or
include the provision of services for any disabled persons, being an
organisation or person appearing to them to be capable of providing the
services which those authorities are under a duty to arrange or secure under
this Part.
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7
Further duties of NHS bodies
(1)
For the purpose of their general duty under section 5(1), local NHS bodies have
the further duties imposed by subsections (2) and (3) below.
(2)
Local NHS bodies shall make arrangements to secure, so far as reasonably
practicable, the availability to disabled persons in their area of an appropriate
35
and sufficient range of associated support services, including community-
based mental health services, rehabilitation services and palliative care
services.
(3)
In this section “appropriate and sufficient” has the same meaning as in section
6(4).
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(4)
Local NHS bodies shall take all reasonable steps to encourage and facilitate the
involvement in the making and implementation of arrangements under this
section of—
(a)
disabled persons including disabled persons from black and minority
ethnic communities;
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(b)
older persons;
(c)
parents of disabled children;