|
| |
|
| |
(e) | organisations representing the persons referred to in paragraphs (a) to |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | a local probation board for an area any part of which falls within the |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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. |
| 25 |
(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 |
| |
(5) | In preparing or modifying their independent living strategy, the responsible |
| |
| |
(a) | shall consult and involve— |
| |
(i) | disabled persons, including disabled persons from black and |
| 35 |
minority ethnic communities; |
| |
| |
(iii) | parents of disabled children; |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(6) | Before issuing any guidance under this section, the appropriate authority shall |
| |
| |
(a) | disabled persons, including disabled persons from black and minority |
| |
| |
| 5 |
(c) | parents of disabled children; |
| |
| |
(e) | organisations representing the persons referred to in paragraphs (a) to |
| |
| |
(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 |
| |
| |
(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 |
| 20 |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 35 |
(c) | the importance of meeting the requirements of disabled persons of |
| |
| |
| |
Right to independent living |
| |
12 | Right to information, advice and assistance |
| 40 |
(1) | Disabled persons and other relevant persons have the right to accessible |
| |
| |
(a) | their rights under this Act, including the practical assistance and |
| |
support and associated support that may be provided to them under |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(a) | the practical assistance and support they require to achieve |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | associated support services including, but not limited to— |
| |
(i) | the provision of mobility training, communication skills |
| 50 |
training, low vision training and equipment; |
| |
|
| |
|