More Information on UK Disability Rights

In addition to Community Care issues our Disability Rights unit covers all aspects of disability issues in relation to education, employment and all aspects of disability discrimination in the UK.

Our Specialist Community Care team work within the areas of Community Care and all aspects of disability issues and can advise you areas such as:

• Obtaining assessments from Local Authorities
• Obtaining a decision from the Local Authority about services they are able to arrange (home care, day care, aids and adaptations, housing, temporary and long-term residential care, direct payments and vouchers for carers)
• Access to Community Care Services, including housing and financial support under Community Care legislation, for non-working EU nationals, asylum seekers and people subject to immigration control
• Charges for services, including treatment of income and capital, deprivation of capital, out of area placements, free registered nursing care, top up payments and deferred payments
• Challenging assessment, service provision or charging decisions, the failure of Local Authority to provide services in accordance with an Agreed Care Plan, or delays in providing services
• Complaints about the decision making process or standards of care provided, in the home, or in residential care

Disability Law
This new duty was introduced in the Disability Discrimination Act 1995 (DDA) and came into force in December 2006.

After years of campaigning by disability activists the Government, who have liaised with the Disability Rights Commission (DRC) have now introduced the Duty to Promote Disability Equality. The Disability Rights Commission has written and produced a Code of Practice on the Disability Equality Duty for the Public Sector. This new duty is focussed on the social model of definition of disability and it is hoped that this duty will lead to practical improvements and positive action for disabled people in their day-to-day lives.

The aim of the new duty is to involve disabled people, which will improve the effectiveness of public bodies in identifying and prioritising equality initiatives.

It has been identified that Public Authorities, such as hospitals, schools, Local Authorities, museums, libraries and even the Legal Services Commission can make enormous contributions towards removing barriers (both environmental and attitudinal) and offer equal opportunities for disabled people. Public Authorities can do this by addressing the way they run their own services and employ people. They can also have a positive influence in the activities of other organisations or bodies, for example, planning permission, by providing education to pupils in schools and students in higher education.

The Duty to Promote Disability Equality now places an obligation on all Public Authorities in carrying out their functions to have due regard to the need to:

• Promote equality of opportunity between disabled persons and other persons
• Eliminate discrimination that is unlawful under the Act
• Eliminate harassment of disabled persons that is related to their disabilities
• Promote positive attitudes towards disabled persons
• Encourage participation by disabled persons in public life
• Take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons.

Community Care

• Under the new regulations people are encouraged to speak out about poor services or lack of it, when they come across them and challenge bad practice without fear of recrimination.
• Individual budgets are designed to give people more choice over how money is spent to deliver their services. People could be given the money in the form of direct payment. Alternatively they could leave it with Social Services but with more say in how it is spent. Individual budgets will also combine several sources of money into one single budget, giving more flexibility.
• Adults and children with care needs can challenge their Community Care Assessment if they are not happy with the provisions within the care package.
• Carers now have the right to complain about Local Authorities failure to devote adequate time and resources to transfer a young person into adult services and additionally Local Authorities should also inform the paid carers of any risks posed by those they are being paid to care for. Carers have the right to sue Local Authorities through the Civil Courts for negligence if the Local Authority failed to warn them of any risks they may face.
• As a service funded by the Legal Services Commission, our Community Care Support team can offer advice and services free of charge. This includes not only advice over the telephone, but ongoing casework and case referrals.

Call 0870 164 2372 now for a consultation with a Disability Rights Solicitor at Pannone LLP.