Finding out about learning disability

The law and legislation

The following is a list of social legislation relevant to individuals with a learning disability. It is not intended to be an exhaustive list of the law and statutes or to provide an in depth analysis. It is intended to be a pointer as to the general nature of each statute. Referral should be made to each main information source for further guidance or expert opinion should be sought.

Care Standards Act 2000

The National Care Standards Commission arose from this act and they took over the responsibility for the registration and inspection of services from local authority departments. Services were inspected against a national standard with sanctions being imposed on those providers who did not meet the necessary criteria. The National Care Standards Commission was replaced in April 2004 by the Commission for Social Care Inspection and the Commission for Healthcare Audit and Inspection.

Carers and Disabled Children Act 2000

Young disabled people aged 16 and 17 became eligible to receive direct payments to purchase their own care support. Carers are also given the right to be assessed and for this to be taken into consideration when supplying services to a disabled person. Their ability to continue caring long-term together with their own health or disability needs is identified. In addition the local authority can now directly support the carer by offering them services to facilitate their caring role (this was not available under Carers (Recognition and Services) Act 1995).

The Human Rights Act 1998

This legislation adopted the European Convention on Human Rights into British law when it came into force in October 2000. There are 18 articles or protocols which explain fundamental human rights. It makes it unlawful for a public authority to breach the rights set out in the convention. The act is not designed to bring actions against individuals.

Community Care (Direct Payments) Act 1996

This gives authority for local social service departments, after assessing a person's need, to make grants instead of giving a service. This then enables an individual to purchase and administer their own care services.

The Disability Discrimination Act 1995

The Disability Discrimination Act gives rights to disabled people to prevent discrimination on the grounds of disability. It is unlawful to discriminate in relation to employment, the provision of goods and services, the management, buying or renting of land or property, education and transport. The act was introduced over a period of time.

Carers (Recognition and Services) Act 1995

Carers' needs are recognised in this legislation. It gives the right to have their needs taken into consideration when services are being assessed under the NHS and Community Care Act for an individual they care for.

NHS and Community Care Act 1990

The act was brought in to promote community care. Local social service departments have an overall responsibility for community care and have to publish a regular plan about how this care will be delivered. The responsibility places a duty on authorities to assess people for social care and provide the support they require. The act established the familiar procedures of 'care management' (social services) or 'care programme approach' (NHS) which the statutory departments now operate to. A mixed economy of care is promoted with the independent, private and voluntary sectors being encouraged to provide resources.

Access to Personal Files Act 1987

This legislation gives access (with some specific restrictions) to written information held by organisations on file about every individual.

Access to Health Records 1986

This arose from the Data Protection Act and provided access to health records for individuals from the 1st November 1987.

Disabled Persons Act 1986

The Disabled Persons Act 1986 strengthened the provision surrounding the meeting of various needs of disabled people in respect of the Chronically Sick and Disabled Persons Act 1970.

Data Protection Act 1984

This legislation allows people to find out what records are held on computer about them and correct anything that may be wrong.

The Mental Health Act 1983

This act covers the care and treatment of mentally disordered people. It gives the criteria for compulsory detention in hospital. Some specific sections apply to individuals with a learning disability when they are considered to be suffering from 'mental or severe mental impairment'. The act contains the Regulations for Guardianship. Most of the legislation relates to care in hospital although some sections do associate with the community and people who appear mentally disordered in a public place.

Race Relations Act 1976

Under this legislation it is against the law to discriminate against a person on the grounds of their race.

Sexual Discrimination Act 1975

This statute makes it against the law to discriminate against a person because of their gender.

Chronically Sick and Disabled Persons Act 1970

This act places a duty upon local authorities to investigate the level of need for services for people with disability who live in their area. This includes the assesment and provision of practical assistance in the home, help with adaptations to property, leisure, and assistance with meals and a telephone.