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Disabled Persons (Independent Living) Bill [HL]


Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 1 — General duties in relation to independent living

8

 

(d)   

carers;

(e)   

organisations representing the persons referred to in paragraphs (a) to

(d); and

(f)   

providers of associated support services in their area, including those

in the voluntary and private sectors.

5

8       

Co-operation to promote independent living

(1)   

Each local authority (on the one hand) and NHS body (on the other) shall make

arrangements to promote co-operation with one another and co-operation

between themselves and—

(a)   

each of their relevant partners; and

10

(b)   

such other persons or bodies as they consider appropriate, being

persons or bodies of any nature who exercise functions or are engaged

in activities in relation to disabled persons in the authority’s area.

(2)   

The arrangements are to be made with a view to improving the extent to which

disabled persons in their area enjoy independent living and in order to ensure

15

the effective discharge by local authorities and NHS bodies of their duties

under this Part.

(3)   

For the purposes of this section, each of the following is a relevant partner of a

local authority and NHS body in England—

(a)   

where the local authority is a county council for an area for which there

20

is also a district council, the district council;

(b)   

the police authority and the chief officer of police for a police area any

part of which falls within the area of the local authority and NHS

bodies;

(c)   

a local probation board for an area any part of which falls within the

25

area of the local authority and NHS bodies;

(d)   

a person providing services under section 114 of the Learning and Skills

Act 2000 (c. 21) in any part of the area of local authority and NHS

bodies;

(e)   

the Learning and Skills Council for England;

30

(f)   

the Secretary of State in relation to his functions under section 2 of the

Employment and Training Act 1973 (c. 50); and

(g)   

such other person or body as may be prescribed.

(4)   

For the purposes of this section, each of the following is a relevant partner of a

local authority and NHS body in Wales—

35

(a)   

the police authority and the chief officer of police for a police area any

part of which falls within the area of the local authority and NHS

bodies;

(b)   

a local probation board for an area any part of which falls within the

area of the authority;

40

(c)   

the Secretary of State and the National Assembly for Wales in relation

to their functions under section 2 of the Employment and Training Act

1973; and

(d)   

such other person or body as may be prescribed.

(5)   

The relevant partners of a local authority and NHS body shall co-operate with

45

local authorities and NHS bodies in the making of arrangements under this

section.

 
 

Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 1 — General duties in relation to independent living

9

 

(6)   

A local authority and NHS body, and such of their relevant partners as may be

prescribed, shall for the purposes of arrangements under this Part—

(a)   

provide staff, goods, services, accommodation or other resources; and

(b)   

establish and maintain a pooled fund.

(7)   

For the purposes of subsection (6), a pooled fund is a fund—

5

(a)   

which is made up of contributions by the local authority and NHS

bodies and any relevant partner or partners as may be prescribed; and

(b)   

out of which payments may be made towards expenditure incurred in

the discharge of functions of the local authority and NHS body or of

functions of the relevant partner or partners.

10

(8)   

A local authority and NHS body and each of their relevant partners shall in

exercising their functions under this section have due regard to any guidance

given to them for the purpose by the appropriate authority.

(9)   

This section is without prejudice to the duties of local authorities and their

partners under sections 10 and 25 of the Children Act 2004 (c. 31).

15

9       

Independent living strategy

(1)   

Arrangements made under section 8 shall include the preparation and

implementation of a strategy (referred to in this section as an independent

living strategy) for promoting independent living for disabled persons in the

responsible bodies’ area.

20

(2)   

An independent living strategy prepared under this section shall set out the

gaps in the current provision of practical assistance and support in relation to

independent living and associated support services for disabled persons and

measures to address these gaps and may include such other measures as the

responsible bodies see fit.

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(3)   

An independent living strategy prepared under this section shall also include

specific measures to improve the transition between children’s and adult

services for disabled persons and to improve joint working between children’s

and adult services to support families affected by disability.

(4)   

The responsible bodies may from time to time modify their independent living

30

strategy.

(5)   

In preparing or modifying their independent living strategy, the responsible

bodies—

(a)   

shall consult and involve—

(i)   

disabled persons, including disabled persons from black and

35

minority ethnic communities;

(ii)   

older persons;

(iii)   

parents of disabled children;

(iv)   

carers;

(v)   

organisations representing the persons referred to in sub-

40

paragraphs (i) to (iv); and

(vi)   

providers of independent living services in their area, including

those in the voluntary and private sectors; and

(b)   

shall have regard to any guidance for the time being issued by the

appropriate authority.

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Disabled Persons (Independent Living) Bill [HL]
Part 2 — Independent living
Chapter 1 — General duties in relation to independent living

10

 

(6)   

Before issuing any guidance under this section, the appropriate authority shall

consult—

(a)   

disabled persons, including disabled persons from black and minority

ethnic communities;

(b)   

older persons;

5

(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, including those in the

10

voluntary and private sectors.

(7)   

Guidance may, in particular, address the desirability and practicalities of

developing and implementing the independent living strategy in conjunction

with or as part of—

(a)   

a local authority’s disability equality scheme prepared under section

15

49A(1) of the Disability Discrimination Act 1995 (c. 50);

(b)   

a local authority’s community strategy prepared under the Local

Government Act 2000 (c. 22);

(c)   

a local authority and local health board in Wales’ health and well-being

strategy prepared under section 24 of the National Health Service

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Reform and Health Care Professions Act 2002 (c. 17).

10      

Duty to identify and maintain register of disabled persons

(1)   

Each local authority and NHS body shall take all reasonably practicable steps

to identify disabled persons in their area and maintain a register of the

numbers and any known requirements (including any unmet requirements) of

25

disabled persons in their area including a record of any carers such persons

may have and those who may require independent living support in the

future.

(2)   

Each local authority and NHS body shall have due regard to their register of

disabled persons for the purpose of planning and commissioning independent

30

living support under sections 5 to 8 and shall provide relevant information to

the appropriate authority to assist it in the preparation and implementation of

its national independent living strategy under section 4.

(3)   

A disabled person has the right not to have his name included on the register

of disabled persons and accordingly each local authority and NHS body shall

35

inform disabled persons of this right and shall not include the name of any

disabled person who expresses a wish not to be included.

(4)   

For the avoidance of doubt, nothing in this section prejudices the right of

disabled persons to an assessment or to the provision of practical assistance

and support under this Part.

40

(5)   

A local authority and NHS body’s register of disabled persons shall indicate

those persons who have been certified as blind or as partially sighted by a

consultant ophthalmologist.

(6)   

The appropriate authority shall by regulations make further provision in

relation to the duty to identify and maintain a register of disabled persons

45

under this section.

 
 

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

11

 

(7)   

Regulations shall, in particular, make provision as to the steps the responsible

bodies are required to take to—

(a)   

ensure all disabled persons, in particular those from black and minority

ethnic communities and those with low-incidence impairments, are

proactively identified, and

5

(b)   

ensure future requirements for independent living support for disabled

persons are identified.

11      

Duty to enhance capacity among local service providers

(1)   

It shall be the duty of each local authority and each NHS body to take all

reasonably practicable steps—

10

(a)   

to support, build the capacity of and otherwise enhance the long-term

sustainability of organisations of disabled people and other relevant

organisations in their area which are capable of providing advice and

assistance to disabled persons whether in connection with

arrangements made under this Act or otherwise;

15

(b)   

to enable and support disabled persons and other relevant stakeholders

to form support groups or service-user forums to provide feedback to

the authorities on the quality and sufficiency of services or other

arrangements made under this Part;

(c)   

to facilitate collaboration between local organisations mentioned in

20

paragraphs (a) and (b); and

(d)   

to ensure their commissioning policies and procedures offer local

organisations of disabled people a fair opportunity to compete for

contracts for services relating to independent living.

(2)   

In exercising their duties under this section, each local authority and NHS

25

body may make grants to any person and make any other arrangements which

appear to them to be conducive to carrying out their duties.

(3)   

In exercising their functions under this section, each local authority and NHS

body shall, in particular, have due regard to—

(a)   

the need to respect and promote diversity among disabled persons;

30

(b)   

the importance of promoting greater freedom, autonomy and

involvement for disabled persons from black and ethnic minority

communities, disabled women, older disabled people and disabled

persons who are members of other groups which attract stigma or

exclusion; and

35

(c)   

the importance of meeting the requirements of disabled persons of

different ages.

Chapter 2

Right to independent living

12      

Right to information, advice and assistance

40

(1)   

Disabled persons and other relevant persons have the right to accessible

information about—

(a)   

their rights under this Act, including the practical assistance and

support and associated support that may be provided to them under

this Act;

45

 
 

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

12

 

(b)   

their entitlements to disability benefits and other benefits;

(c)   

their entitlements under other relevant enactments (for example the

duties local education authorities have to meet special educational

needs under Part IV of the Education Act 1996 (c. 56)); and

(d)   

the services available to them from statutory, private and voluntary

5

providers locally and nationally in relation to independent living;

   

and accordingly it shall be the duty of each local authority and NHS

body to take all reasonably practicable steps to ensure that such

information is—

(i)   

easily available and effectively publicised and disseminated to

10

disabled persons and other relevant persons in their area;

(ii)   

provided to persons when they are diagnosed as having a

particular impairment, illness or health condition or when an

assessment of special educational needs takes place under Part

IV of the Education Act 1996;

15

(iii)   

provided to disabled persons exercising their right to an

assessment under this Act; and

(iv)   

included in the general information an authority may provide

to the public on its website or at its premises.

(2)   

Disabled persons and other relevant persons have the right to advice and

20

assistance in relation to the matters mentioned in subsection (1) and

accordingly it shall be the duty of each local authority and NHS body to take

all reasonably practicable steps to ensure that such advice and assistance is

provided or arranged.

(3)   

Reasonable steps to be taken under subsection (2) shall include—

25

(a)   

making arrangements to ensure that disabled persons are referred to

sources of specialist advice and assistance (from statutory or voluntary

bodies) wherever appropriate; and

(b)   

providing key workers for disabled children and their families and

disabled adults with complex requirements in relation to independent

30

living in order to provide direct information, advice and assistance in

receiving assistance under this and other relevant enactments and from

other sources and to assist in co-ordinating complex support

arrangements.

(4)   

In carrying out their duties under this section each local authority and NHS

35

body shall have due regard to the need to meet the information requirements

of disabled children.

(5)   

For the purposes of this section “relevant persons” means—

(a)   

carers of disabled persons;

(b)   

those with parental responsibility for disabled children;

40

(c)   

close relations of disabled persons including civil partners (as defined

in section 1 of the Civil Partnership Act 2004 (c. 33));

(d)   

authorised representatives of disabled persons;

(e)   

the donee of a lasting power of attorney (as defined in section 9 of the

Mental Capacity Act 2005 (c. 9)).

45

13      

Right to self-directed assessment of requirements

(1)   

Disabled persons have the right to a comprehensive assessment of their

requirements concerning—

 
 

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

13

 

(a)   

the practical assistance and support they require to achieve

independent living, and

(b)   

any associated treatment, therapy, continuing health or personal care

or skills training they require to develop, increase or sustain their

capacity for independent living (“associated support services”), and

5

accordingly it shall be the duty of each local authority and each relevant

NHS body (the “responsible authorities”) to carry out such an

assessment on receipt of a request by a disabled person or his

authorised representative.

(2)   

In carrying out an assessment under subsection (1) the responsible authorities

10

shall ensure that the disabled person concerned is empowered to define his

own requirements in relation to practical assistance and support for

independent living and associated support services.

(3)   

Disabled persons have the right to assistance by—

(a)   

a nominated supporter or an independent advocate, or

15

(b)   

a communication support worker,

   

(or both), in order to express and define their requirements and accordingly it

shall be the duty of the responsible authorities to make arrangements for this.

(4)   

In exercising their duties under this section the responsible authorities shall

ensure that those officers or staff of the authority participating in, or

20

facilitating, the assessment have received training in and possess adequate and

appropriate experience and expertise in relation to disability equality, racial

equality, age equality, cultural and religious awareness and other equality

matters referred to in section 1(10) including awareness of relevant

impairments or health conditions.

25

(5)   

In this section the duty to make an assessment of requirements shall, in the

absence of specific arrangements to the contrary, be discharged by the local

authority for the area in which the disabled person resides.

(6)   

The appropriate authority may give directions as to when the duties under this

section are to be discharged by an NHS body.

30

(7)   

Where it appears to a local authority, an NHS body or any of the relevant

partners mentioned in section 8 that a disabled person may benefit from an

assessment under this section they shall inform the disabled person of his

rights and shall refer the disabled person to the responsible authorities.

(8)   

The appropriate authority shall by regulations make provision for assessments

35

to be carried out within a specific period of time.

(9)   

If, in the opinion of the responsible authorities, the circumstances of a disabled

person are such that he requires arrangements to be made under section 14 as

a matter of urgency then the authorities are not required to carry out a prior

assessment of his requirements and shall make appropriate temporary

40

arrangements for that person in order to meet his urgent requirements.

(10)   

In this section a reference to an assessment of requirements includes any re-

assessment or review of a disabled person’s requirements.

14      

Duty to make arrangements

(1)   

This section sets out the steps to be taken in relation to any disabled person

45

following an assessment of his requirements under section 13.

 
 

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

14

 

(2)   

The responsible authorities, having due regard to the results of that assessment

and in accordance with regulations made under subsection (5) below, shall

then decide whether the requirements of the disabled person call for the

provision by them of resources for practical assistance and support and any

associated services.

5

(3)   

Where the responsible authorities are satisfied in the case of any disabled

person that it is necessary in order to meet the requirements of that person for

them to allocate resources in respect of, and otherwise make arrangements for,

all or any of the following matters, namely—

(a)   

practical assistance and support for that person including, but not

10

limited to—

(i)   

the provision of communication aids and equipment;

(ii)   

the provision of other forms of assistive equipment and

technology for daily living;

(iii)   

the provision of one-to-one support for communication, access

15

to information and mobility;

(iv)   

the provision of independent advocacy as required;

(v)   

the provision of practical assistance in the home (including

assistance with personal care routines and help around the

home);

20

(vi)   

daily living skills and social skills training;

(vii)   

assistance with shopping, food preparation and meals;

(viii)   

assistance to take advantage of educational facilities and

opportunities;

(ix)   

assistance to participate in family life and in relation to persons

25

who have parental responsibility for a child, and assistance and

support in caring for and bringing up that child;

(x)   

assistance to develop and maintain social networks and

relationships;

(xi)   

assistance to participate in job search, employment, training,

30

work experience and volunteering;

(xii)   

assistance to participate in inclusive play, recreational, sporting,

religious or cultural activities;

(xiii)   

facilities for, or assistance in, travelling to and from the home

for the purpose of participating in any services or activities

35

provided under arrangements made under this section or

otherwise connected to independent living;

(xiv)   

the provision of assistance with works for adaptation in the

home and assistance in maintaining adaptations;

(xv)   

the provision of suitable residential accommodation;

40

(xvi)   

support relating to housing provision;

(xvii)   

the provision of holidays and short-term breaks;

(xviii)   

the provision of, or assistance in obtaining, consumer

communications apparatus and services such as a mobile or

fixed-line telephone, a computer, a digital television receiver, a

45

digital radio receiver, a broadband service or digital television

service and any assistive equipment required in connection

with this;

(b)   

associated support services including, but not limited to—

(i)   

the provision of mobility training, communication skills

50

training, low vision training and equipment;

 
 

 
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