Richard Copson @ MRF Childhood Amputee Day - Pushing the Boundaries


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Issues around entitlement to care and support

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Richard Copson @ MRF Childhood Amputee Day - Pushing the Boundaries

  1. 1. Securing care & support for disabledchildren & their families-A brief legal guidePushing the BoundariesLiverpool 31st May
  2. 2. • Securing Care & Support for DisabledChildren
  3. 3. CHILDREN ACT 1989• Section 17A general duty of every local authority to:• Safeguard and promote the welfare of children withintheir area who are in need and;• Promote the upbringing of such children by theirfamilies by providing a range and level of serviceappropriate to those children’s needs.
  4. 4. CHILDREN ACT 1989• Section 27A duty on agencies to cooperate in the assessment, planning and provisionof services for children in need.Duty upon:• Any local authority.• Any local education authority.• Any local housing authority.• Any health authority.
  5. 5. CHILDREN ACT 1989• Schedule 2, paragraph 3Assessment of a child in need can be undertaken at thesame time as any other assessment including assessmentsunder:• The Chronically Sick and Disabled Persons Act 1970.• The Education Act 1996.• The Disabled Persons (Services, Consultation andRepresentation) Act 1986.
  6. 6. Working Together to Safeguard Children• HM Government Guidance March 2013.• Principles underpinning the assessment framework.• Are child centred:• Are routed in child development:• Are focused on action and outcomes for children:• Ensure equality of opportunity:• Involve children and families:• Build on strengths as well as identify difficulties:• Are integrated in approach:• Are a continuing process not an event:• Lead to action, including the provision and review of services:• Are transparent and open to challenge.
  7. 7. Working Together to Safeguard Chilren• Timescales for assessment:• Within one working day of a referral – assess response required.• Within a maximum of seven working days from referral – initialassessment.• Within a maximum of 45 working days from referral –completion of an assessment of need.• The importance of safeguarding.
  8. 8. COMMUNITY CARE SERVICES• Section 2 Chronically Sick and Disabled Persons Act 1970Services which a local authority can make available to disabledchildren, including:• Practical assistance in the home.• Short breaks.• Recreational facilities.• Travel and other assistance.• Home aids and adaptations.• Holidays.• Educational facilities.
  9. 9. CARERS SERVICES• Section 1 Carers (Recognition andServices)Act 1995• Section 1 Carers & Disabled Children Act2000.• A Carer’s stand alone right to anassessment of their needs.
  10. 10. HOUSING• A duty to re-house children in need?• The overlap between duties under theChildren Act 1989 and housing/homelessnessduties.• R (on the application of AT, AG and HG)v Islington LBC [2013] EWHC107(Admin).
  11. 11. CONTINUING HEALTHCARE• What is continuing care?A continuing care package will be required when a child or young personhas needs arising from disability, accident or illness but can not be met byexisting universal specialist services alone (Department of Healthguidance).• National Framework for Children and Young People’s ContinuingCare (Department of Health guidance 25th March 2010)• Assessment tool kit (including the Decision Support Tool).• The overlap with Services under the Children Act.
  12. 12. HUMAN RIGHTS• European Convention on Human Rights 1953.• Human Rights Act 1998.• Section 6It is unlawful for a public authority to act in a way which is incompatible with a Convention right• Section 8Judicial remedies: In relation to any act or proposed act of a public authority which the courtfinds is, or would be, unlawful, it may grant relief or remedy as it considers just and appropriate.Narrative: the concept of just satisfaction and compensation.
  13. 13. HUMAN RIGHTS• Article 2: The right to life.• Article 3: The prohibition of inhuman anddegrading treatment.• Article 5: The prohibition of deprivation of libertywithout lawful authority.• Article 8: The right to respect for privacy andfamily life.• Article 14: The prohibition of discrimination.
  14. 14. DIFFICULT TIMES• Securing services in an age of budget cuts.• The key procedures –assessment, planning, budgeting and serviceprovision.• The balance between resources and needs.• R v Gloucestershire County Council ex parteBarry (1997) 1CCLR40.• R v Wigan MBC ex parte Tammadge (1998)1CCLR581.
  15. 15. CHALLENGING DECISIONS• Local authority complaints procedure.• NHS complaints procedure.• Local Government Ombudsman.• Health Service Ombudsman.• Judicial Review.A remedy of last resort.
  16. 16. LEGAL AID• Significant changes in April 2013.• Legal aid, sentencing and punishment of Offenders Act 2012.• The loss of legal aid in relation to welfarebenefits, debt, clinical negligence and some areas of familylaw.• The retention of protection for vulnerable children via:• Community Care Law.• Public Law• Education Law• Equalities Law
  17. 17. THE WAY FORWARD• Paint a clear picture.• Press the issues and arguments.• Always obtain key documentation.• Never underestimate your importance.• The law is there for a reason.• Chin up.
  18. 18. Richard CopsonDisability Rights and Public Law UnitPannone LLPDirect Tel: 0161 909 4966Email: Deansgate, Manchester, M3