|
| |
| |
(c) | the proposed placement is not due to absence of accessible or |
| |
supported (or both) housing options or alternative independent living |
| |
services in the community. |
| |
(2) | Where a disabled person wishes to live in a care establishment or other |
| |
institutional setting (and the conditions set out in subsection (1) are satisfied) |
| 5 |
he has the right to choose which particular care establishment he wishes to live |
| |
in and accordingly it shall be the duty of the responsible authorities to make |
| |
arrangements which conform with that choice, subject to such conditions as |
| |
| |
(3) | Where a disabled person resident in a care establishment expresses a wish to |
| 10 |
move out into an ordinary dwelling in the community (whether during the |
| |
course of an assessment under section 13 or otherwise), it shall be the duty of |
| |
the responsible bodies to take all practicable steps to make appropriate |
| |
| |
(4) | Disabled persons exercising their rights under subsection (3) have the right to |
| 15 |
assistance and support including independent advocacy and communication |
| |
support and accordingly it shall be the duty of the responsible authorities to |
| |
make arrangements for this. |
| |
21 | Amendment of the Children Act 1989 |
| |
(1) | The Children Act 1989 (c. 41) is amended as follows. |
| 20 |
(2) | In section 31(2) at end insert “; and |
| |
(c) | in the case of a child whose parents are disabled persons (within |
| |
the meaning of the Disabled Persons (Independent Living) Act |
| |
2009), there are no arrangements which could be made under |
| |
sections 13 to 15 of that Act which would result in the child no |
| 25 |
longer suffering, or being likely to suffer, significant harm.”. |
| |
(3) | In section 44(1) at end insert “; and |
| |
(d) | in the case of an application in respect of a child whose parents |
| |
are disabled persons (within the meaning of the Disabled |
| |
Persons (Independent Living) Act 2009), there are no |
| 30 |
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 |
| 35 |
persons (within the meaning of the Disabled Persons |
| |
(Independent Living) Act 2009), 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 |
| |
| 40 |
22 | Continuity of independent living support |
| |
(1) | This section applies where a disabled person who is in receipt of an individual |
| |
budget provided by the responsible authorities in the local area in which he is |
| |
resident (“the original authority”) becomes or intends to become ordinarily |
| |
resident in a different local authority area (“the new authority”). |
| 45 |
(2) | It shall be the duty of the original authority to— |
| |
| |
| |
|
| |
| |
(a) | give notice to the new authority if it becomes aware that a disabled |
| |
person to whom it provides an individual budget intends to become |
| |
ordinarily resident in the new authority’s area; and |
| |
(b) | co-operate with the new authority in making appropriate |
| |
arrangements for such a person. |
| 5 |
(3) | It shall be the duty of the new authority to provide the disabled person |
| |
concerned with an individual budget that enables the person to secure— |
| |
(a) | services of an equivalent type and quantity to those provided by the |
| |
| |
(b) | direct or indirect payments enabling an equivalent type and quantity of |
| 10 |
support to that provided by the original authority; |
| |
| in accordance with his wishes and for such transitional period as may be |
| |
| |
(4) | Arrangements made under subsections (2) and (3) shall— |
| |
(a) | be made with the involvement and consent of the disabled person |
| 15 |
| |
(b) | include effective arrangements to meet any new or different needs of |
| |
the person concerned; and |
| |
(c) | be made in accordance with regulations made under this section. |
| |
(5) | Regulations under this section may, in particular— |
| 20 |
(a) | prescribe the period or periods during which the original authority |
| |
retains funding responsibility for a person’s independent living |
| |
| |
(b) | prescribe the period or periods during which the original and new |
| |
authorities must resolve any disagreements concerning their respective |
| 25 |
funding responsibilities; |
| |
(c) | prescribe the period or periods by which the new authority must |
| |
assume funding responsibility for an individual’s independent living |
| |
| |
(d) | provide for re-imbursement by the new authority of expenditure made |
| 30 |
by the original authority whilst the authorities were resolving a |
| |
disagreement as to their respective funding responsibilities; and |
| |
(e) | provide for the payment of interest on any sums reimbursed. |
| |
23 | Amendment of the Mental Health Act 1983 |
| |
(1) | The Mental Health Act 1983 (c. 20) is amended as follows. |
| 35 |
(2) | In section 2 after subsection (2)(b) insert— |
| |
“(c) | there are no arrangements which could be made under sections |
| |
13 to 15 of the Disabled Persons (Independent Living) Act 2009 |
| |
which would result in the patient’s mental disorder no longer |
| |
warranting the detention of the patient; and |
| 40 |
(d) | by reason of mental disorder the patient’s ability to make |
| |
decisions about the provision of medical treatment is |
| |
significantly impaired.”. |
| |
(3) | In section 3 after subsection (2)(d) insert— |
| |
“(e) | there are no arrangements which could be made under sections |
| 45 |
13 to 15 of the Disabled Persons (Independent Living) Act 2009 |
| |
| |
| |
|
| |
| |
which would enable the patient to receive medical treatment in |
| |
| |
(f) | by reason of mental disorder the patient’s ability to make |
| |
decisions about the provision of medical treatment is |
| |
significantly impaired.”. |
| 5 |
(4) | In section 4 after subsection (5) insert— |
| |
“(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 2009 which would result in there being no |
| |
urgent necessity for the patient to be admitted under section 2 above |
| 10 |
and where, by reason of mental disorder, the patient’s ability to make |
| |
decisions about the provision of medical treatment is significantly |
| |
| |
(5) | In section 5 after subsection (7) insert— |
| |
“(8) | A patient may not be detained in hospital under this section if, by |
| 15 |
reason of mental disorder, the patient’s ability to make decisions about |
| |
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 2009 which would enable |
| |
the patient to remain in the community.”. |
| 20 |
(6) | 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 2009 |
| |
which would result in the patient’s mental disorder no longer |
| |
warranting the detention of the patient; and |
| 25 |
(f) | by reason of mental disorder the patient’s ability to make |
| |
decisions about the provision of medical treatment is |
| |
significantly impaired;”. |
| |
(7) | In section 117 for subsection (2) substitute— |
| |
“(2) | It shall be the duty of the local health authority and the local authority |
| 30 |
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 |
| |
arrangements to meet those requirements in accordance with the |
| |
provisions of sections 13 to 15 of the Disabled Persons (Independent |
| 35 |
| |
| |
Inspection and enforcement |
| |
| |
(1) | The Secretary of State may by regulations provide that— |
| 40 |
(a) | the Care Quality Commission, |
| |
(b) | the Audit Commission, |
| |
(c) | the Office for Standards in Education, and |
| |
(d) | 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 |
| |
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 |
| 5 |
consult and involve 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— |
| |
(a) | the Care and Social Services Inspectorate Wales, |
| |
(b) | the Healthcare Inspectorate for Wales, and |
| 10 |
(c) | the Wales Audit Office, |
| |
| have such additional functions as may be prescribed in relation to the |
| |
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. |
| 15 |
(6) | Before making any regulations under this section the Welsh Ministers shall |
| |
consult and involve the bodies mentioned in section 4(3)(a) to (f). |
| |
25 | Reviews and investigations by the Care Quality Commission |
| |
(1) | The Health and Social Care Act 2008 (c. 14) is amended as follows. |
| |
(2) | In section 50(2) after the words “social services functions” insert “and in |
| 20 |
particular its functions under the Disabled Persons (Independent Living) Act |
| |
| |
| |
(1) | The appropriate authority shall designate a public body to have the functions |
| |
of investigating individual complaints in relation to a potential breach of a |
| 25 |
disabled person’s rights under the Disabled Persons (Independent Living) Act |
| |
2009 and taking appropriate enforcement action. |
| |
(2) | The appropriate authority may not designate a public body under subsection |
| |
(1) unless they are satisfied that the body— |
| |
(a) | has the protection and promotion of the rights of disabled persons as |
| 30 |
| |
| |
(c) | consents to the designation. |
| |
(3) | The designated public body may serve a notice on a local authority or NHS |
| |
| 35 |
(a) | requiring them to comply with a duty under the Disabled Persons |
| |
(Independent Living) Act 2009; or |
| |
(b) | prohibiting them from carrying on an activity which in their opinion |
| |
involves or will involve a contravention of a disabled person’s rights |
| |
| 40 |
| in cases where it is satisfied that the local authority or NHS body concerned has |
| |
failed, or is failing, to comply with a duty imposed on it by that Act. |
| |
| |
| |
|
| |
| |
(4) | Regulations made under this section may further provide for the designated |
| |
public body to apply to a county court for an order requiring the local authority |
| |
or NHS body concerned to comply with a notice issued under subsection (3) in |
| |
circumstances where the designated body is satisfied that the local authority or |
| |
NHS body concerned has failed to comply with such a notice issued under that |
| 5 |
subsection within a reasonable period of time. |
| |
(5) | Before making regulations under this section, the appropriate authority shall |
| |
consult such persons and bodies as they consider appropriate. |
| |
| |
(1) | Each disabled person who makes a complaint in relation to a local authority in |
| 10 |
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 |
| 15 |
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. |
| 20 |
| |
Human rights obligations of regulated providers |
| |
28 | Application of the Human Rights Act 1998 to certain persons and bodies |
| |
regulated by the Health and Social Care Act 2008 |
| |
(1) | This section applies to any service registered under section 10 of the Health and |
| 25 |
Social Care Act 2008 (c. 14). |
| |
(2) | Any such service provider is deemed to be a public authority in relation to the |
| |
provision of health and social care services subject to the Health and Social |
| |
Care Act 2008 for the purpose of section 6 of the Human Rights Act 1998 (c. 42). |
| |
(3) | Any service provider mentioned in subsection (1) shall provide persons to |
| 30 |
whom they provide accommodation or services with accessible information |
| |
about the Human Rights Act 1998 including information on— |
| |
(a) | what their rights are under that Act, and |
| |
(b) | how the service provider is implementing that Act and how it aims to |
| |
guarantee and promote the human rights of persons to whom it |
| 35 |
provides accommodation or services. |
| |
29 | Amendment of the Health and Social Care Act 2008 |
| |
(1) | The Health and Social Care Act 2008 is amended as follows. |
| |
(2) | In section 20(2) after paragraph (b) insert— |
| |
“(c) | securing freedom, choice, dignity, control and substantive |
| 40 |
opportunities for participating in and contributing to family |
| |
life, society and community life for persons for whom any such |
| |
| |
| |
| |
|
| |
| |
(3) | In section 20(3) after paragraph (b) insert— |
| |
“(ba) | make provision requiring arrangements to be made by the |
| |
person carrying on a regulated activity— |
| |
(i) | to make an independent living agreement with each |
| |
person to whom he provides a service; |
| 5 |
(ii) | to involve persons to whom they provide a service in |
| |
decisions relating to the running of that service; |
| |
(bb) | support persons to whom he provides a service to express their |
| |
views in relation to matters referred to in sub-paragraphs (i) |
| |
| 10 |
(4) | In section 44 at the appropriate place insert— |
| |
““independent living agreement” means a written document |
| |
agreed between the person who carries on, or manages, a |
| |
regulated activity and a person to whom he provides a |
| |
regulated service which sets out what action the person who |
| 15 |
carries on, or manages, the regulated activity agrees to take to |
| |
ensure that the person receiving the service— |
| |
(a) | is afforded the greatest practical freedom, choice, |
| |
dignity and control in relation to all aspects of daily life, |
| |
| 20 |
(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, |
| |
aspirations and requirements;”. |
| |
| 25 |
| |
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 |
| |
people within paragraph (d) who cannot reasonably be expected to find settled |
| 30 |
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.”. |
| |
31 | Disability housing service |
| 35 |
(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— |
| |
(a) | a record of existing or planned accessible residential properties |
| 40 |
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; |
| |
(b) | a record of disabled persons who require such properties; and |
| 45 |
| |
| |
|
| |
| |
(c) | a service of matching disabled persons to properties to |
| |
| |
(2G) | For the purposes of this section— |
| |
“accessible residential properties” means dwellings, flats and |
| |
houses in multiple occupation in England and Wales which |
| 5 |
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 |
| |
requirements of disabled persons” means properties which |
| 10 |
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 |
| |
| |
(2H) | In performing their duties under this section, each local housing |
| 15 |
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) |
| |
| 20 |
“(1A) | The appropriate person shall, in particular, impose requirements with |
| |
respect to assessing and monitoring the current and future housing |
| |
needs of disabled persons.”. |
| |
33 | Amendment of the Building Act 1984 |
| |
After section 1A of the Building Act 1984 (c. 55) insert— |
| 25 |
“1B | Design of new buildings |
| |
(1) | In making building regulations the Secretary of State shall take steps to |
| |
ensure that all new dwellings of whatever type or tenure meet |
| |
minimum standards in relation to— |
| |
(a) | the provision of a reasonable means of access into and around |
| 30 |
the dwelling and ease of use, without modification, by the |
| |
widest possible range of individuals (including disabled |
| |
| |
(b) | future ease of adaptation to provide full access into and around |
| |
the dwelling and ease of use for wheelchair users; and |
| 35 |
(c) | the capacity of the dwelling to meet the changing needs of any |
| |
occupiers over their lifetime. |
| |
(2) | For the purposes of this section “disabled persons” has the same |
| |
meaning as in the Disabled Persons (Independent Living) Act 2009.” |
| |
34 | Review of the Building Regulations 2000 |
| 40 |
(1) | The Secretary of State shall carry out a review of the effectiveness of the current |
| |
arrangements for building inspection under sections 47 to 53 of the Building |
| |
Act 1984 with a view to improving levels of compliance with the Building |
| |
Regulations 2000 (S.I. 2000/2531). |
| |
| |
| |
|
