|
| |
|
arrangements which could be made under sections 13 to 15 of |
| |
that Act which would result in the child no longer suffering, or |
| |
being likely to suffer, significant harm.”. |
| |
(4) | In section 47(3) after paragraph (a) insert— |
| |
“(aa) | whether, in the case of a child whose parents are disabled |
| 5 |
persons (within the meaning of the Disabled Persons |
| |
(Independent Living) Act 2008), there is a need to make |
| |
arrangements for those parents under sections 13 to 15 of that |
| |
Act which would avoid the need to make any application to the |
| |
| 10 |
23 | Co-operation between authorities to maintain support |
| |
(1) | This section applies where a disabled person who is in receipt of an individual |
| |
budget or a delegated budget or independent living services provided by the |
| |
responsible authorities in the local area in which he is resident (“the original |
| |
authority”) moves to a different local authority area (“the new authority”). |
| 15 |
(2) | Subsection (3) applies where the disabled person is in receipt of an individual |
| |
budget or a delegated budget. |
| |
(3) | The disabled person is entitled to retain any resources allocated to him under |
| |
this Act by the original authority for such transitional period as may be |
| |
prescribed, without being required to participate in a further self-directed |
| 20 |
assessment by the new authority even though he may cease to be resident in |
| |
| |
(4) | Subsections (5) and (6) apply where the disabled person is in receipt of services |
| |
from the original authority. |
| |
(5) | The disabled person is entitled to equivalent services from the new authority |
| 25 |
for such transitional period of time as may be prescribed but shall give |
| |
reasonable notice to the new authority to allow them to make appropriate |
| |
| |
(6) | The original authority shall— |
| |
(a) | inform the new authority if it becomes aware that a disabled person in |
| 30 |
receipt of its services will be moving to the area served by the new |
| |
| |
(b) | co-operate with the new authority in making appropriate |
| |
arrangements for the disabled person to ensure he has appropriate |
| |
support while moving and settling into the new area and for the |
| 35 |
| |
24 | Amendment of the Mental Health Act 1983 |
| |
(1) | The Mental Health Act 1983 (c. 20) is amended as follows. |
| |
(2) | After section 1 insert— |
| |
| 40 |
(1) | All powers under this Act shall be exercised without any direct or |
| |
indirect discrimination on the grounds of physical ability, age, gender, |
| |
sexual orientation, race, colour, language, religion or national, ethnic or |
| |
| |
|
| |
|
| |
|
(2) | Mentally disordered persons should receive care, treatment and |
| |
support in a manner that— |
| |
(a) | supports and promotes their dignity and human rights; |
| |
(b) | accords them respect for their individual qualities, abilities and |
| |
diverse cultural and religious backgrounds; and |
| 5 |
(c) | properly takes into account their age, gender, sexual |
| |
orientation, ethnic group and social, cultural and religious |
| |
background, without making general assumptions on the basis |
| |
of any of these characteristics. |
| |
1B | Mental health advocacy |
| 10 |
(1) | Every person with a mental disorder shall have a right of access to |
| |
independent advocacy and accordingly it is the duty of each local |
| |
authority and each relevant NHS body to secure the availability, to |
| |
persons in its area who have a mental disorder, of independent |
| |
advocacy services and to take appropriate steps to ensure that those |
| 15 |
persons have the opportunity of making use of those services. |
| |
(2) | “Independent advocacy” has the same meaning as in the Disabled |
| |
Persons (Independent Living) Act 2008.”. |
| |
(3) | In section 2 after subsection (2)(b) insert— |
| |
“(c) | there are no arrangements which could be made under sections |
| 20 |
13 to 15 of the Disabled Persons (Independent Living) Act 2008 |
| |
which would result in the patient’s mental disorder no longer |
| |
warranting the detention of the patient; and |
| |
(d) | by reason of mental disorder the patient’s ability to make |
| |
decisions about the provision of medical treatment is |
| 25 |
significantly impaired.”. |
| |
(4) | In section (3) after subsection (2)(c) insert— |
| |
“(d) | there are no arrangements which could be made under sections |
| |
13 to 15 of the Disabled Persons (Independent Living) Act 2008 |
| |
which would enable the patient to receive medical treatment in |
| 30 |
| |
(e) | by reason of mental disorder the patient’s ability to make |
| |
decisions about the provision of medical treatment is |
| |
significantly impaired.”. |
| |
(5) | In section 4 after subsection (5) insert— |
| 35 |
“(6) | An application for assessment shall not be made where arrangements |
| |
could be made under sections 13 to 15 of the Disabled Persons |
| |
(Independent Living) Act 2008 which would result in there being no |
| |
urgent necessity for the patient to be admitted under section 2 above |
| |
and where, by reason of mental disorder, the patient’s ability to make |
| 40 |
decisions about the provision of medical treatment is significantly |
| |
| |
(6) | In section 5 after subsection (6) insert— |
| |
“(6A) | A patient may not be detained in hospital under this section if, by |
| |
reason of mental disorder, the patient’s ability to make decisions about |
| 45 |
the provision of medical treatment is significantly impaired and there |
| |
are arrangements which could be made under sections 13 to 15 of the |
| |
|
| |
|
| |
|
Disabled Persons (Independent Living) Act 2008 which would enable |
| |
the patient to remain in the community.”. |
| |
(7) | In section 20 after subsection 4(d) insert— |
| |
“(e) | there are no arrangements which could be made under sections |
| |
13 to 15 of the Disabled Persons (Independent Living) Act 2008 |
| 5 |
which would result in the patient’s mental disorder no longer |
| |
warranting the detention of the patient; and |
| |
(f) | by reason of mental disorder the patient’s ability to make |
| |
decisions about the provision of medical treatment is |
| |
significantly impaired;”. |
| 10 |
(8) | In section 117 for subsection (2) substitute— |
| |
“(2) | It shall be the duty of the local health authority and the local authority |
| |
to arrange an assessment of the requirements of a person to whom this |
| |
section applies for practical assistance and support to achieve |
| |
independent living and any associated support services and to make |
| 15 |
arrangements to meet those requirements in accordance with the |
| |
provisions of sections 13 to 15 of the Disabled Persons (Independent |
| |
| |
| |
Inspection and complaints |
| 20 |
| |
(1) | The Secretary of State may by regulations provide that— |
| |
(a) | the Commission for Social Care Inspection, |
| |
(b) | the Commission for Healthcare Audit and Inspection, |
| |
(c) | the Mental Health Act Commission, |
| 25 |
(d) | the Audit Commission, and |
| |
(e) | the Adult Learning Inspectorate, |
| |
| have such additional functions as may be prescribed in relation to the |
| |
inspection of arrangements made under this Act in England. |
| |
(2) | Regulations made under subsection (1) may, in particular, make provision for |
| 30 |
the bodies mentioned in that subsection to co-operate with each other. |
| |
(3) | Before making any regulations under this section the Secretary of State shall |
| |
consult the bodies mentioned in subsection (1) and those mentioned in section |
| |
| |
(4) | The Welsh Ministers may by regulations provide that— |
| 35 |
(a) | the Commission for Care Inspection in Wales, |
| |
(b) | the Social Services Inspectorate for Wales, |
| |
(c) | the Healthcare Inspectorate for Wales, and |
| |
(d) | the Wales Audit Office, |
| |
| have such additional functions as may be prescribed in relation to the |
| 40 |
inspection of arrangements made under this Act in Wales. |
| |
(5) | Regulations made under subsection (4) may, in particular, make provision for |
| |
the bodies mentioned in that subsection to co-operate with each other. |
| |
|
| |
|
| |
|
(6) | Before making any regulations under this section the Welsh Ministers shall |
| |
consult the bodies mentioned in section 4(3)(a) to (f). |
| |
26 | Amendment of the Health and Social Care (Community Health and |
| |
| |
(1) | The Health and Social Care (Community Health and Standards) Act 2003 |
| 5 |
(c. 43) is amended as follows. |
| |
(2) | In section 113(1) after paragraph (c) insert— |
| |
“(d) | the discharge of, or any failure to discharge, any functions |
| |
under the Disabled Persons (Independent Living) Act 2008; |
| |
(e) | the provision of services by such a body or any other person in |
| 10 |
pursuance of arrangements made by the body under the |
| |
Disabled Persons (Independent Living) Act 2008 in relation to |
| |
the exercise of the health-related functions of a local authority.”. |
| |
(3) | In section 113(2) after paragraph (c) insert— |
| |
“(d) | the discharge of, or any failure to discharge, any functions |
| 15 |
under the Disabled Persons (Independent Living) Act 2008; |
| |
(e) | the provision of services by a Welsh NHS body or any other |
| |
person in pursuance of arrangements made by the body under |
| |
the Disabled Persons (Independent Living) Act 2008 in relation |
| |
to the exercise of the health-related functions of a local |
| 20 |
| |
(4) | In section 114(1) after paragraph (c) insert— |
| |
“(d) | the discharge, or any failure to discharge, by such an authority |
| |
of any of their functions under the Disabled Persons |
| |
(Independent Living) Act 2008 and the provision of services by |
| 25 |
another person pursuant to arrangements made by such an |
| |
authority in the discharge of those functions; |
| |
(e) | the provision of services by such an authority or any other |
| |
person in pursuance of arrangements made by the authority |
| |
under the Disabled Persons (Independent Living) Act 2008 in |
| 30 |
relation to the functions of an NHS body.”. |
| |
(5) | In section 114(3) after paragraph (c) insert— |
| |
“(d) | the discharge, or any failure to discharge, by such an authority |
| |
of any of their functions under the Disabled Persons |
| |
(Independent Living) Act 2008 and the provision of services by |
| 35 |
another person pursuant to arrangements made by such an |
| |
authority in the discharge of those functions; |
| |
(e) | the provision of services by such an authority or any other |
| |
person in pursuance of arrangements made by the authority |
| |
under the Disabled Persons (Independent Living) Act 2008 in |
| 40 |
relation to the functions of an NHS body.”. |
| |
(6) | In subsection 115(2) after paragraph (f) insert— |
| |
“(fa) | the procedure to be followed in relation to complaints which |
| |
require urgent consideration and action to avoid a breach of a |
| |
disabled person’s Convention rights or a breach of a disabled |
| 45 |
person’s rights under the Disabled Persons (Independent |
| |
Living) Act 2008 which would result in a disabled person being |
| |
subject to a detriment;”. |
| |
|
| |
|
| |
|
(7) | In section 115 after subsection (6) insert— |
| |
“(7) | The regulations may also provide for a person or body falling within |
| |
section 113(3)(b) to (e) or 114(2)(b) to (d) above to serve a notice on a |
| |
local authority or NHS body— |
| |
(a) | requiring it to comply with a duty under the Disabled Persons |
| 5 |
(Independent Living) Act 2008; or |
| |
(b) | prohibiting it from carrying on an activity which in its opinion |
| |
involves, or will involve, a contravention of the provisions of |
| |
that Act or of a disabled person’s Convention rights, |
| |
| in cases where that person or body is satisfied that the local authority |
| 10 |
or NHS body concerned has failed, or is failing, to comply with a duty |
| |
imposed on it by that Act or risks contravening a disabled person’s |
| |
| |
(8) | The regulations may further provide for a person or body mentioned in |
| |
subsection (7) above to apply to a county court for an order requiring |
| 15 |
the local authority or NHS body concerned to comply with a notice |
| |
issued under that subsection in circumstances where that person or |
| |
body is satisfied that the local authority or NHS body concerned has |
| |
failed to comply with a notice issued under that subsection within a |
| |
reasonable period of time.”. |
| 20 |
(8) | In section 194 at the appropriate place insert— |
| |
““Convention rights” has the same meaning as in section 1 of the |
| |
| |
| |
(1) | Each disabled person who makes a complaint in relation to a local authority in |
| 25 |
respect of the discharge of its functions, or failure to discharge its functions, |
| |
under this Act or the provision of services by a local authority or other persons |
| |
pursuant to arrangements made by a local authority in the discharge of those |
| |
functions has the right to independent advocacy and communication support |
| |
to assist him in making and pursuing a complaint and accordingly the |
| 30 |
appropriate authority shall take all reasonably practicable steps to ensure such |
| |
services are made available to such persons. |
| |
(2) | The authorised representative of a disabled person is entitled to act as the |
| |
representative of the disabled person in connection with the making of any |
| |
complaints under this section. |
| 35 |
| |
| |
28 | Application of the Human Rights Act 1998 to certain persons and bodies |
| |
regulated by the Care Standards Act 2000 |
| |
(1) | This section applies to any establishment or agency within the scope of sections |
| 40 |
1 to 4 of the Care Standards Act 2000 (c. 14). |
| |
(2) | Any care establishment or agency is deemed to be a public authority in relation |
| |
to the provision of care services subject to the Care Standards Act 2000 for the |
| |
purpose of section 6 of the Human Rights Act 1998 (c. 42). |
| |
|
| |
|
| |
|
(3) | Any establishment or agency mentioned in subsection (1) shall provide |
| |
persons to whom they provide accommodation or services with accessible |
| |
information about the Human Rights Act 1998 (c. 42) including information |
| |
| |
(a) | what their rights are under that Act, and |
| 5 |
(b) | how the establishment or agency is implementing that Act and how it |
| |
aims to guarantee and promote the human rights of persons to whom |
| |
it provides accommodation or services. |
| |
29 | Amendment of the Care Standards Act 2000 |
| |
(1) | The Care Standards Act 2000 (c. 14) is amended as follows. |
| 10 |
(2) | In section 22(5) after paragraph (a) insert— |
| |
“(aa) | as to the promotion of freedom, choice, dignity, control and |
| |
substantive opportunities for participating in and contributing |
| |
to family life, society and community life for persons such as are |
| |
mentioned in that paragraph;”. |
| 15 |
(3) | In section 22(7) after sub-paragraph (i) insert— |
| |
“(ia) | make provision requiring arrangements to be made by |
| |
the person who carries on, or manages, an establishment |
| |
to make an independent living agreement with each |
| |
person accommodated in that establishment; |
| 20 |
(ib) | make provision requiring arrangements to be made by |
| |
the person who carries on, or manages, an establishment |
| |
to involve persons accommodated in that establishment |
| |
in decisions relating to the running of that |
| |
| 25 |
(ic) | make provision requiring arrangements to be made by |
| |
the person who carries on, or manages, an establishment |
| |
to support persons accommodated in that establishment |
| |
to express their views in relation to matters referred to |
| |
in sub-paragraphs (ia) and (ib) above;”. |
| 30 |
(4) | In section 121(1) at the appropriate place insert— |
| |
““independent living agreement” means a written document |
| |
agreed between the person who carries on, or manages, an |
| |
establishment and a person accommodated in that |
| |
establishment which sets out what action the person who |
| 35 |
carries on, or manages, the establishment agrees to take and |
| |
what practical support and associated services they undertake |
| |
to provide in respect of that individual person accommodated |
| |
| |
(a) | is afforded the greatest practical freedom, choice, |
| 40 |
dignity and control in relation to all aspects of daily life, |
| |
| |
(b) | enjoys substantive opportunities to participate in and |
| |
contribute to family life, society and community life, |
| |
in ways which accord with his particular lifestyle preferences, |
| 45 |
aspirations and requirements;”. |
| |
|
| |
|
| |
|
| |
| |
30 | Allocation of housing accommodation by local authorities |
| |
In section 167(2) of the Housing Act 1996 (c. 52) at end insert “and shall in |
| |
particular be framed so as to secure that additional preference is given to |
| 5 |
people within paragraph (d) who cannot reasonably be expected to find settled |
| |
accommodation for themselves in the foreseeable future or whose |
| |
participation in everyday activities is prejudiced by their current |
| |
accommodation or who are seeking to move out of residential care or living |
| |
arrangements which are otherwise unsuitable.”. |
| 10 |
31 | Disability housing service |
| |
(1) | The Housing Act 1996 is amended as follows. |
| |
(2) | After section 167(2E) insert— |
| |
“(2F) | Subject to subsection (2), the scheme shall contain provision for the |
| |
creation of a disability housing service consisting of— |
| 15 |
(a) | a record of existing or planned accessible residential properties |
| |
in the local authority area, whether purpose built or adapted, |
| |
with details of the access features relating to each property and |
| |
location details and other residential properties which would |
| |
otherwise meet the particular requirements of disabled persons; |
| 20 |
(b) | a record of disabled persons who require such properties; and |
| |
(c) | a service of matching disabled persons to properties to |
| |
| |
(2G) | For the purposes of this section— |
| |
“accessible residential properties” means dwellings, flats and |
| 25 |
houses in multiple occupation in England and Wales which |
| |
provide a reasonable means of access in and around the |
| |
property and ease of use for disabled persons or which may |
| |
easily be adapted to provide such access and ease of use; |
| |
“residential properties which would otherwise meet the particular |
| 30 |
requirements of disabled persons” means properties which |
| |
would be suitable, either in terms of their size, particular |
| |
features or location, for disabled persons who have disability- |
| |
related requirements other than or in addition to access |
| |
| 35 |
(2H) | In performing their duties under this section, each local housing |
| |
authority shall have regard to any guidance given from time to time by |
| |
the appropriate authority.”. |
| |
32 | Amendment of the Local Government Act 2003 |
| |
After subsection (1) of section 87 of the Local Government Act 2003 (c. 26) |
| 40 |
|
| |
|