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Disabled Persons (Independent Living) Bill [HL]


Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 2 — Right to independent living

22

 

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

court.”.

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

that area.

(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

arrangements.

(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

authority;

(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

transitional period.

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—

“1A     

General principles

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

social origin.

 
 

Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 2 — Right to independent living

23

 

(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

the community; and

(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

impaired.”.

(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) Bill [HL]
Part 2 — Independent living
Chapter 3 — Inspection and complaints

24

 

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

Living) Act 2008.”.

Chapter 3

Inspection and complaints

20

25      

Inspection

(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(3)(a) to (f).

(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.

 
 

Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 3 — Inspection and complaints

25

 

(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

Standards) Act 2003

(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

authority.”.

(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;”.

 
 

Disabled Persons (Independent Living) Bill [HL]
Part 3 — Care establishments

26

 

(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

Convention rights.

(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

Human Rights Act 1998;”.

27      

Advocacy

(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

Part 3

Care establishments

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).

 
 

Disabled Persons (Independent Living) Bill [HL]
Part 3 — Care establishments

27

 

(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

on—

(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

establishment;

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

there to ensure that he—

(a)   

is afforded the greatest practical freedom, choice,

40

dignity and control in relation to all aspects of daily life,

and

(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;”.

 
 

Disabled Persons (Independent Living) Bill [HL]
Part 4 — Housing and planning

28

 

Part 4

Housing and planning

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

recorded.

(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

requirements.

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

 
 

 
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