Disabled Persons (Independent Living) Bill [HL]
Official Summary
To impose duties upon certain persons and bodies in respect of disabled persons; to confer certain rights upon disabled persons for independent living; to amend the Mental Health Act 1983; to amend the Health and Social Care Act 2008; and for connected purposes.
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Overview
The Disabled Persons (Independent Living) Bill aims to improve the lives of disabled people in England and Wales by giving them greater choice and control over their lives, promoting independent living, and ensuring they have access to the support and services they need.
Description
This bill introduces a national independent living strategy and places duties on local authorities and NHS bodies to promote independent living for disabled people. Key aspects include:
- Rights for Disabled Persons: The bill enshrines rights to information, advice, and assistance; self-directed assessments of needs; individual budgets (direct or indirect payments); and choice over living arrangements.
- Duties on Local Authorities and NHS Bodies: These bodies are required to provide a range of support services (practical support, advocacy, accommodation, employment assistance), cooperate with each other and relevant partners, and maintain registers of disabled persons. They must also enhance the capacity of local organisations supporting disabled individuals.
- Individual Budgets: The bill establishes a system of individual budgets, allowing disabled individuals to manage their own support services and choose how funds are spent. The bill outlines a process for allocating budgets and managing disputes.
- Hospital Discharge: The bill mandates that NHS bodies and local authorities work together to ensure safe and timely discharge from hospitals, with adequate support for independent living in place.
- Housing and Planning: Amendments to existing housing and planning legislation aim to increase the availability of accessible housing and to promote the design of accessible new buildings.
- Inspection and Enforcement: The bill outlines a system for inspection and enforcement, with a designated public body responsible for investigating complaints and taking appropriate action.
- Amendments to Other Acts: The bill amends several existing acts including the Children Act 1989, the Mental Health Act 1983, and the Health and Social Care Act 2008 to reflect the new provisions.
Government Spending
The bill requires the preparation and implementation of a national economic plan to assess the costs and benefits of implementation. Specific funding figures are not provided in the bill itself. The bill also aims to utilise and reinvest consequential savings from existing provisions to support the new provisions.
Groups Affected
- Disabled Persons: This group will be directly affected, gaining new rights and access to support services.
- Local Authorities: These will have new duties and responsibilities regarding the provision of support services and the management of individual budgets.
- NHS Bodies: These will also have new duties and responsibilities regarding associated support services and hospital discharges.
- Carers: The bill aims to support carers and ensure their wellbeing is considered alongside the needs of the disabled person. The bill also introduces provisions to address disputes between carers and disabled people.
- Housing Providers: Changes to housing legislation will affect the provision of accessible housing.
- Building Industry: Amendments to building regulations will impact the design and construction of new buildings.
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