Help with the law, benefits and education
See also: Specialist Organisations
Why know about the law?
One mother who had been through this process said;
'I think you need some pointers; people will need to know they can ask certain things. I think the legal things are important to give parents the confidence. It sounds confusing at first, but it's not worded too badly once you get into it. To know that you've got the basic right [in law] gives you the confidence to actually challenge.'
What does the law say?
It is important to know the basic facts about current law. Some legal provisions overlap, others still leave 'grey areas', and some do not point out who should supply services or whether authorities must provide such services.
If the young person is under 18, they will be assessed under the Children's Act 1989 (volume 6 specifies guidance for children with disabilities).
However, if they are 18 or over, an assortment of different laws provide the framework for how and what services may be in place for the young disabled person and their carers, such as:-
- NHS and Community Care Act 1990
- Chronically Sick and Disabled Persons Act 1970
- Disabled Persons Act 1986
- Community Care (Direct Payments) Act 1996
- Carers and Disabled Children Act 2000
Some legal provisions overlap, others still leave 'grey areas', and some don't point out who should supply services or whether or not they must be provided. So don't be surprised if you get confused and things don't appear very clear. It has taken most of us ages to make sense of who has a responsibility to support our young people and how best to go about making sure this happens.
- A duty to provide a service means it must be done
- A power to provide a service means they may do so.
The Chronically Sick and Disabled Person 1970 applies to both children and adults with disabilities. It gives local authorities duties to provide information and welfare services such as assistance in the home. Types of services include:
- Practical help in the home
- Help getting small recreational items like T.V.s
- Help with travelling to services provided by the local authority
- Assistance with adaptations or additional facilities at home
- Meals at home or elsewhere
The Carers (Recognition and services) Act 1995 establishes the right for the needs of the carers to be assessed and services to be delivered that specifically support the carer's needs.