Open Dialog Foundation and the Center for Civil Liberties side-event on Ukrainian political prisoners in the Russian Federation and the illegally occupied Crimea
In this Act “authorised representative”, in relation to a disabled person, means a person for the time being appointed by or on behalf of that disabled person (in accordance with regulations made under this section) to act as his authorised representative for the purposes of this Act.
The Secretary of State may by regulations make provision with respect to the appointment of persons to act as the authorised representatives of disabled persons, including provision—
for the manner in which the appointment of a person as an authorised representative is to be made; and
for any such appointment to be notified to the relevant local authority (as defined in the regulations) if made otherwise than by that authority
Any such regulations—
may provide for the to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);
the parent of a disabled person under the age of sixteen, or
any other person who is not a parent of his but who has parental responsibility for him
may provide for the parent or guardian of a disabled person under the age of 16 to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);
may provide for— to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);
any person who has parental responsibilities in relation to a disabled person under the age of sixteen (“parental responsibilities” having the meaning given by section 1(3) of the Children (Scotland) Act 1995); or
any other person who is entitled to act as the disabled person’s legal representative (as defined in section 15(5) of the Children (Scotland) Act 1995),
may provide for the appointment of a person as the authorised representative of a disabled person who is a child looked after by a local authority to be made by that authority in such circumstances as may be specified in the regulations;
may, in accordance with subsection (4), provide for the appointment of a person as the authorised representative of a disabled person to be made by, or under arrangements made by, a local authority in a case where the disabled person appears to the authority to be unable to appoint a person as his authorised representative by reason of any mental or physical incapacity;
may contain such incidental or supplementary provisions as the Secretary of State thinks fit.
Regulations under paragraph (c) of subsection (3) may make provision—
for requiring a local authority, for the purpose of enabling them to determine whether a disabled person is unable to appoint a person as his authorised representative as mentioned in that paragraph, to obtain the opinion of a registered medical practitioner;
for authorising a local authority, where they determine that a disabled person is so unable, either—
themselves to appoint a person as the disabled person’s authorised representative, or
to make with any voluntary organisation, person or persons approved by them for the purpose such arrangements as they think fit for such an appointment to be made by the organisation, person or persons concerned;
for requiring or authorising a local authority, before determining the question specified in paragraph (a), or (as the case may be) before making any appointment of an authorised representative, or any arrangements, in pursuance of paragraph (b), to consult any of the following, namely—
a person or persons appointed by them for the purpose, or
a person or persons falling within any class or description specified in the regulations;
for requiring a local authority, in such circumstances as may be specified in the regulations, to review the case of a disabled person whose authorised representative has been appointed in pursuance of paragraph (b) (whether by the local authority or under any arrangements made by them) for the purpose of determining whether he is still unable to appoint a person as his authorised representative as mentioned in subsection (3)(c).
Subsections (2) to (4) shall apply, with any necessary modifications, in relation to the termination of the appointment of a person as an authorised representative as they apply in relation to the making of such an appointment.
It is hereby declared that any person exercising under Part II of the 1983 Act or Parts 5, 6 and 7 of the 2003 Act— may, if appointed as such in accordance with this section, also act as that person’s authorised representative.
the functions of the nearest relative of a disabled person, or
the functions of the guardian of a disabled person received into guardianship under that Part of that Act,
A local authority shall permit the authorised representative of a disabled person, if so requested by the disabled person—
to act as the representative of the disabled person in connection with the provision by the authority of any services for him in the exercise of any of their functions under the welfare enactments, or
to accompany the disabled person (otherwise than as his representative) to any meeting or interview held by or on behalf of the authority in connection with the provision by them of any such services.
For the purpose of assisting the authorised representative of a disabled person to do any of the things mentioned in subsection (1)(a) and (b) a local authority shall, if so requested by the disabled person— that the disabled person would be entitled to require the authority to supply to him or (as the case may be) to make available for his inspection.
supply to the authorised representative any information, and
make available for his inspection any documents,
In relation to a disabled person whose authorised representative has been appointed by virtue of subsection (3) of section 1, subsections (1) and (2) above shall each have effect as follows—
if the appointment was made by virtue of subsection (3)(a) of that section, for the words “if so requested by the disabled person” there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)”for the words “by the disabled person” there shall be substituted the words “by any person appointed by virtue of regulations made under section 1(3)(a)(i) or (ii) of this Act”; and
if the appointment was made by virtue of subsection (3)(b) or (c) of that section, the words “if so requested by the disabled person” shall be omitted.
A local authority shall not be required by virtue of subsection (1) or (2)— if the authority are satisfied that to do so would be likely to be harmful to the interests of the disabled person by whom or on whose behalf the representative has been appointed; and in determining that matter the authority shall have regard to any wishes expressed by the disabled person.
to permit an authorised representative to be present at any meeting or interview or part of a meeting or interview, or
to supply any information to an authorised representative or to make any documents available for the inspection of an authorised representative,
Where a disabled person is residing— the disabled person’s authorised representative may at any reasonable time visit him there and interview him in private.
in hospital accommodation provided pursuant to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 or provided by the Welsh Ministers under section 3(1)(a) of the National Health Service (Wales) Act 2006, by the Secretary of State under section 2A or 2B of the National Health Service Act 2006, ... by a National Health Service Trust established under that Act or the National Health Service (Wales) Act 2006 or by an NHS foundation trust or, in Scotland, in hospital accommodation (other than accommodation at a State hospital) provided by the Secretary of State under section 36(1)(a) of the 1978 Act or by a National Health Service trust established under that Act, or
in hospital accommodation in respect of the provision of which direct payments are made under section 12A(1) of the National Health Service Act 2006, or
in accommodation provided by a local authority under Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014 or Schedule 8 to the 1977 Act or, in Scotland, under Part IV of the 1968 Act or section 25 of the 2003 Act, or
in hospital accommodation in Wales or in England in respect of the provision of which direct payments are made under section 10B(1) of the National Health Service (Wales) Act 2006, or
in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under Part 1 of the Care Act 2014 or, in Wales, in compliance with a local authority’s duty to meet the needs of the disabled person pursuant to Part 4 of the Social Services and Well-being (Wales) Act 2014 or, in Scotland, provided by a voluntary organisation or other persons in accordance with arrangements made by a local authority under section 59(2)(c) of the 1968 Act, or
in England, in a care home within the meaning of the Care Standards Act 2000 or, in Scotland, in provided by a care home service within the meaning of the Regulation of Care (Scotland) Act 2001 (asp 8), or
in accommodation provided by or on behalf of a local authority under Part III of the Children Act 1989 , or under Part 6 of the Social Services and Well-being (Wales) Act 2014, or
at any place specified by a person having the guardianship of the disabled person under Part II of the 1983 Act or Parts 5, 6 and 7 of the 2003 Act,
in Scotland, in accommodation provided by or on behalf of a local authority under Chapter 1 of Part II of the Children (Scotland) Act 1995, or
in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under section 17 of the Children Act 1989 , or under Part 4 of the Social Services and Well-being (Wales) Act 2014, or
in Wales, in premises at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over, or
in accommodation provided by any educational establishment.
In paragraph (c) of subsection (5) “voluntary organisation” in relation to England and Wales includes a housing association within the meaning of the Housing Associations Act 1985.
The Secretary of State may, after consulting such bodies representing health authorities or local authorities as appear to him to be appropriate and such other bodies as appear to him to be concerned, provide by order for any of the preceding provisions of this section to have effect (with such modifications as may be prescribed by the order) in relation to—
the provision of services , or the arrangement for the provision of services, by health authorities in the exercise of such of their functions under the 2006 Act or the National Health Service (Wales) Act 2006 or the 1978 Act as may be prescribed by the order, or
the provision of services by local authorities in the exercise of such of their functions as may be so prescribed.
An order under subsection (7) may provide for any provision of regulations made under section 1 to have effect for the purposes of the order with such modifications as may be prescribed by the order, and in that event the reference in subsection (1) of that section to regulations made under that section shall be read as a reference to any such regulations as they have effect in accordance with the order.
In subsection (7)—
“the welfare enactments” means ... —
“medical treatment”—
"the 1968 Act" means the Social Work (Scotland) Act 1968;
“health authority”—
“statutory services”—
in relation to England and Wales, has the meaning given by section 145(1) of the 1983 Act; and
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority;
Where— it falls to a local authority in ... Scotland to decide whether the needs of a disabled person call for the provision by the authority (in accordance with any of the welfare enactments) of any statutory services for that person, the authority shall afford an opportunity to the disabled person or his authorised representative to make, within such reasonable period as the authority may allow for the purpose, representations to an officer of the authority as to any needs of the disabled person calling for the provision by the authority (in accordance with any of those enactments) of any statutory services for him.
on any assessment carried out by them in pursuance of any provision of this Act, or
on any other occasion,
Where any such representations have been made to a local authority in accordance with subsection (1) or the period mentioned in that subsection has expired without any such representations being made, and the authority have reached a decision on the question referred to in that subsection (having taken into account any representations made as mentioned above), the authority shall, if so requested by the disabled person or his authorised representative, supply the person making the request with a written statement—
either specifying— or stating that, in their opinion, the disabled person has no needs calling for the provision by them of any such services; and
any needs of the disabled person which in the opinion of the authority call for the provision by them of any statutory services, and
in the case of each such need, the statutory services that they propose to provide to meet that need,
giving an explanation of their decision; and
containing particulars of the right of the disabled person or his authorised representative to make representations with respect to the statement under subsection (4).
Where the local authority do not propose to provide any statutory services to meet a particular need identified in any representations under subsection (1), any statement supplied under subsection (2) must state that fact together with the reasons why the authority do not propose to provide any such services.
If the disabled person or his authorised representative is dissatisfied with any matter included in the statement supplied under subsection (2), that person may, within such reasonable period as the authority may allow for the purpose, make representations to an officer of the authority with respect to that matter.
Where any such representations have been made to the authority in accordance with subsection (4), the authority shall—
consider (or, as the case may be, reconsider) whether any, and (if so) what, statutory services should be provided by them for the disabled person to meet any need identified in the representations; and
inform the disabled person or his authorised representative in writing of their decision on that question and their reasons for that decision.
in relation to Scotland, section 27 of the National Health Service (Scotland) Act 1947, the 1968 Act , sections 25 and 26 of the 2003 Act and Chapter 1 of Part II of the Children (Scotland) Act 1995.
the disabled person or his authorised representative is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, or
both of those persons are in that position (whether by reason of the same incapacity or not),
Where—
the local authority shall provide such services as, in their opinion, are necessary to ensure that any such incapacity does not—
prevent the authority from discharging their functions under this section in relation to the disabled person, or
prevent the making of representations under this section by or on behalf of that person.
In determining whether they are required to provide any services under subsection (6) to meet any need of the disabled person or his authorised representative, and (if so) what those services should be, the local authority shall have regard to any views expressed by either of those persons as to the necessity for any such services or (as appropriate) to any views so expressed as the services which should be so provided.
In this section “representations” means representations made orally or in writing (or both).
a disabled person,
When requested to do so by— a local authority in England shall decide whether the needs of the disabled person call for the provision by the authority of any services in accordance with section 2(4) of the 1970 Act (provision of welfare services).
his authorised representative, or
... This section applies only if the disabled person is aged under 18.
any person who provides care for him in the circumstances mentioned in section 8,
Where—
a local authority in England have made a statement under section 7 of the Education Act 1981 section 168 of the Education Act 1993 or section 324 of the Education Act 1996 (statement of child’s educational needs) , or have maintained an EHC plan under section 37 of the Children and Families Act 2014, in respect of a child ... and
the statement or plan is still maintained by the authority at whichever is the earlier of the following times, namely— the authority shall at that time require the appropriate officer to give to the authority his opinion as to whether the child is or is not a disabled person.
the time when they institute a review of the statement or plan prescribed for the purposes of this paragraph, and
any time falling after they have carried out the review prescribed for the purposes of sub-paragraph (i) when they institute a re-assessment of his educational needs,
Where— the authority shall, at the time of making the statement , securing the preparation of the plan or (as the case may be) of becoming aware of that change, require the appropriate officer to give to the authority his opinion as to whether the child is or is not a disabled person.
a local authority in England make any such statement , or secure the preparation of an EHC plan, in respect of a child after he has attained the age of 14, or
a local authority in England maintain any such statement or plan in respect of a child in whose case the appropriate officer has, in pursuance of subsection (1), given his opinion that the child is not a disabled person, but the authority have become aware of a significant change in the mental or physical condition of the child giving them reason to believe that he may now be a disabled person,
In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a “disabled student”.
that the child will cease to receive full-time education at school on a particular date and will not subsequently be receiving full-time education at a further education establishment, or
that the child will cease to receive full-time education at such an establishment on a particular date,
The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state— and shall be given not earlier than twelve months, nor later than eight months, before that date.
his name and address; and
whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received;
If at any time it appears to the responsible authority— that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education.
that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and
that no notification has been given under subsection (3B), but
that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him,
Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is— it appears to the responsible authority that the student will cease to receive relevant full-time education on a date (“the leaving date”) on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer.
full-time education at a school; or
full-time further or higher education at an institution other than a school;
When the appropriate officer receives a notification given with respect to a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B) or (4), he shall (subject to subsections (6) and (7) make arrangements for the local authority of which he is an officer to carry out an assessment of the needs of that person with respect to the provision by that authority of any statutory services for that person in accordance with any of the welfare enactments, and any such assessment shall be carried out—
in the case of a notification under subsection (3A) or (3B), not later than the end of the period of 5 months beginning with the date of receipt of the notification, or
in the case of a notification under subsection (4), before the date specified in the notification, if reasonably practicable, and in any event not later than the end of the period referred to in paragraph (a) above.
That notification shall state— and shall be given not earlier than twelve months, nor later than eight months, before the leaving date.
his name and address; and
the leaving date;
If— the authority shall give written notification of the relevant facts to that officer as soon as is reasonably practicable; and on receiving any such notification that officer shall cease to be required under subsection (5) to make arrangements for the assessment of the needs of the person in question (but without prejudice to the operation of that subsection in relation to any further notification given with respect to that person under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B) or (4)).
a notification has been given to the appropriate officer with respect to any person under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B) or (4), but
it subsequently appears to the responsible authority that the person will be receiving relevant full-time education at a time later than the date specified in the notification,
Nothing in subsection (5) shall require the appropriate officer to make arrangements for the assessment of the needs of a person—
if, having attained the age of 16, he has requested that such arrangements should not be made under that subsection, or
if, being under that age, his parent or other person who is not a parent of his but who has parental responsibility for him has made such a request.
Regulations under paragraph 7 of Schedule 27 to the Education Act 1996 (assessments and statements of special educational needs) may, in relation to the transfer of statements maintained under section 324 of that Act, make such provision as appears to the Secretary of State to be necessary or expedient in connection with the preceding provisions of this section.
In this section— and other expressions used in this section and in the Education Act 1996 or the Further and Higher Education Act 1992 (and not defined in this Act) have the same meaning in this section as in those Acts.
" the appropriate officer ", in relation to the child or person referred to in the provision of this section in question, means such officer as may be appointed for the purposes of this section by the local authority for the area in which that child or person is for the time being ordinarily resident;
in relation to England and Wales, means the age of 19 ; and
This section applies to England ... only.
Regulations under section 47 of the Children and Families Act 2014 (transfer of EHC plans) may make such provision as appears to the Secretary of State to be necessary or expedient in connection with subsections (1) to (7) of this section.
The responsible authority shall for the purposes of section 5 above keep under review the date when any disabled student is expected to cease to receive relevant full-time education.
children for whom that authority are responsible for the purposes of the Education Act 1981 and in the case of each of whom an opinion has been given in pursuance of subsection (1) or (2) of section 5 above that he is a disabled person (whether it was given to that authority or not); and
children at further education establishments for whom that authority were so responsible immediately before they ceased to receive full-time education at school and in the case of each of whom any such opinion has been given as mentioned in paragraph (a).
Subsection (9) of section 5 shall have effect for the purposes of this section as it has effect for the purposes of that section.
When a person is to be discharged from a hospital after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date on which he is to be discharged, the managers of the hospital shall give written notification of that date— as soon as it is reasonably practicable after that date is known to the managers.
to the health authority in whose ... area it appears to the managers that that person is likely to reside after his discharge (unless the managers are that authority),
to the local authority in whose area it appears to them that the person is likely then to reside, and
in the case of a person under the relevant age on that date, to the appropriate officer of that local authority,
Where— the managers of the hospital shall give written notification of that person’s discharge in accordance with paragraphs (a), (b), and (c) of subsection (1) above as soon as is reasonably practicable.
a person liable to be detained under the 1983 Act or the 2003 Act is discharged from a hospital in pursuance of an order for his immediate discharge made by the First-tier Tribunal or the Mental Health Review Tribunal for Wales or, in Scotland, by the Mental Welfare Commission for Scotland or by the sheriff, and
he is so discharged after having received medical treatment for mental disorder as an in-patient for a continuous period of not less than 6 months ending with the date of his discharge,
Where— that authority shall (subject to subsection (7)) make arrangements for an assessment of the needs of that person with respect to the provision of any services mentioned in subsection (3A); and in making any such arrangements a health authority falling within paragraph (a) above shall consult the managers of the hospital in question.
a health authority receive a notification given with respect to a person under subsection (1) or (2), or
the managers of a hospital from which a person is to be, or is, discharged as mentioned in subsection (1) or (2) are the health authority referred to in subsection (1)(a),
The services referred to in subsection (3) are—
in relation to England, services whose provision must be arranged by an integrated care board under section 3 of the 2006 Act, or by NHS England by virtue of section 3B of that Act;
in relation to Wales, services which must be provided by the Welsh Ministers under the National Health Service (Wales) Act 2006; or
in relation to Scotland, services which must be provided by the Scottish Ministers under the 1978 Act.
Where a local authority receive a notification given with respect to a person under subsection (1) or (2), the authority shall (subject to subsection (7)) make arrangements for an assessment of the needs of that person with respect to the provision of any services under any of the welfare enactments.
A health authority and a local authority who are by virtue of subsections (3) and (4) each required to make arrangements for an assessment of the needs of a particular person shall co-operate with each other in the making of those arrangements.
Any assessment for which arrangements are required to be made by virtue of subsection (3) or (4) shall be carried out—
where the notification in question was given under subsection (1), not later than the date mentioned in that subsection, or
where the notification in question was given under subsection (2), as soon as is reasonably practicable after receipt of the notification.
A health authority or a local authority shall not be required to make arrangements for an assessment of the needs of a person by virtue of subsection (3) or (4) if that person has requested them not to make any such arrangements.
Nothing in this section shall apply in relation to a person who is being discharged from a hospital for the purpose of being transferred to another hospital in which he will be an in-patient (whether or not he will be receiving medical treatment for mental disorder); but any reference in subsection (1) or (2) to a person’s having received medical treatment for mental disorder as an in-patient for the period mentioned in that subsection is a reference to his having received such treatment for that period as an in-patient in one or more hospitals (any interruption of that period attributable to his being transferred between hospitals being disregarded).
In this section—
“the managers”— means the Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the ... Health Authority or Special Health Authority, or (as the case may be) the Health Board who are responsible for the administration of the hospital; in relation to a special hospital, means the Secretary of State; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in relation to a State hospital, means ... the Secretary of State; ... in relation to a hospital vested in a National Health Service trust means the directors of that trust; in relation to a hospital vested in an NHS foundation trust, means the board of directors of that trust; and in relation to any other hospital, means the persons for the time being having the management of the hospital;
in relation to Scotland, means the age of 18.
in relation to England, section 2 of the 1970 Act, Part 3 of the Children Act 1989 and Part 1 of the Care Act 2014,
“learning disability” means a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning.
...
Where— the local authority shall, in deciding that question, have regard to the ability of that other person to continue to provide such care on a regular basis.
a disabled person is living at home and receiving a substantial amount of care on a regular basis from another person (who is not a person employed to provide such care by any body in the exercise of its functions under any enactment), and
it falls to a local authority in ... Scotland to decide whether the disabled person’s needs call for the provision by them of any services for him under any of the welfare enactments,
Where that other person is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, the local authority shall provide such services as, in their opinion, are necessary to ensure that any such incapacity does not prevent the authority from being properly informed as to the ability of that person to continue to provide care as mentioned in subsection (1).
Section 3(7) shall apply for the purposes of subsection (2) above as it applies for the purposes of section 3(6), but as if any reference to the disabled person or his authorised representative were a reference to the person mentioned in subsection (2).
In subsection (2)(b) of section 1 of the 1970 Act—
for the words “any other of those services” there shall be substituted the words “any other service provided by the authority (whether under any such arrangements or not)”; and
at the end there shall be inserted the words “and of any service provided by any other authority or organisation which in the opinion of the authority is so relevant and of which particulars are in the authority’s possession”.
Where any enactment provides for the appointment or co-option to any council, committee or body of one or more persons with special knowledge of the needs of disabled persons, such appointment or co-option shall only be made after consultation with such organisation or organisations of disabled people as may be appropriate in each case.
The Secretary of State shall annually lay before Parliament a report containing the following information, namely—
such information as the Secretary of State considers appropriate with respect to the development of health and social services in the community for persons suffering from mental illness or mental handicap who are not resident in hospitals;
information with respect to— in each case analysed by reference to age and length of stay; and
the number of persons receiving treatment for mental illness as in-patients in health service hospitals, and
the number of persons receiving treatment for mental handicap as in-patients in such hospitals,
such other information (if any) as the Secretary of State considers appropriate be included in the report.
In this section, ... subsection (1) extends to Scotland only.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section—
In section 29 of the 1970 Act in subsection (2) (which extends the Act to Scotland) for paragraph (a) there shall be substituted the following paragraph—.
In section 2 of the 1968 Act (social work committees and functions referred to them) in paragraph (a) of subsection (2) after the word “Act” there shall be inserted the words “as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986”.
The foregoing provisions of this section extend to Scotland only.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before an education authority make a report under section 65B(1) of the 1980 Act on a child they shall require the appropriate authority to give an opinion as to whether or not the child is a disabled person.
Where the appropriate authority have given an opinion that the child is a disabled person, the education authority shall make a note of this opinion in the Record kept under section 60(2) of the 1980 Act and in the report made under section 65B(1) of that Act.
Where an education authority— they shall before opening the Record or, as the case may be, on becoming aware of the change, require the appropriate authority to give an opinion as to whether or not the child or young person is a disabled person and if the appropriate authority give an opinion that he is, this opinion shall be recorded in the Record and (where applicable) the report.
intend to record a child or young person under section 60(2) of the 1980 Act (recording of children with special educational needs) after the period mentioned in section 65B(2) of that Act; or
after making a report under the said section 65B(1) on a child or young person who was not at the time of the report a disabled person, become aware of a significant change in the mental or physical condition of the child or young person giving them reason to believe that he may now be a disabled person,
Where the appropriate authority have given an opinion that a child or young person is a disabled person it shall be the duty of that authority to make an assessment of the needs of that child or young person with respect to the provision by the authority of any statutory services for that person in accordance with the welfare enactments, and for that assessment to be carried out— and to make a report thereon.
in the case of a child in relation to whom a report is made under section 65B(1) of the 1980 Act, within the period mentioned in section 65B(2) of that Act: and
in the case of a child or young person who is considered to be disabled under subsection (3) above, as soon as is reasonably practicable (but, in any event, not later than 6 months from the time the appropriate authority was asked for an opinion as to whether or not the child or young person was a disabled person),
Where the appropriate authority have given an opinion that a child or young person is a disabled person and it subsequently appears to the education authority— the education authority shall, not later than 6 months before that date, record the date in the report or (if no report has been made) give written notification of the date to the appropriate authority.
that the child or young person will cease to receive full time education at school at a particular date and will not subsequently be receiving full-time education at a further education establishment; or
that the child or young person will cease to receive full time education at such an establishment on a particular date,
If at any time it appears to the education authority— they shall, as soon as is reasonably practicable, record the date in the report and send a copy of the report to the appropriate authority or (if no report has been made) give written notification of the date to the appropriate authority.
that a child or young person who has been recorded as being disabled has ceased to receive full-time education ; and
the authority did not at the appropriate time—
record that date in the report made under section 65B of the 1980 Act; or (as the case may be)
give notification to the appropriate authority; and
a copy of the report has not been sent to the bodies mentioned in section 65B(6) of the said Act,
The education authority and the appropriate authority shall keep under consideration the cases of all children and young persons on whom a report has been made under section 65B of the 1980 Act or, as the case may be, under subsection (4) and shall at such times as they consider appropriate review the information contained in the report.
Nothing in subsection (4) shall require the appropriate authority to make an assessment of the needs of a child or young person—
if, having attained the age of 16, he has requested that such an assessment should not be made under that subsection ; or
if, being under that age or unable to make such a request by reason of any mental or physical incapacity, his parent has made such a request.
In this section " appropriate authority " means the local authority for the purposes of the 1968 Act falling to perform functions in relation to the child or young person; and expressions used in the 1980 Act have the same meaning in this section as in that Act.
The foregoing provisions of this section extend to Scotland only.
The 1980 Act is amended in accordance with the provisions of this section.
In section 4 (duty of education authorities to provide child guidance service)—
for the words “a child guidance service in child guidance clinics” there shall be substituted the words “a regional or island authority psychological service in clinics”; and
in sub-paragraph (c) the words “child guidance” shall be omitted.
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in subsection (1)—
for the words from " process of assessment" to " in his education " there shall be substituted the words " process of observation and assessment (including educational, psychological and medical assessments) " ;
in paragraphs (a) and (b) for the words " a medical examination and a psychological examination " there shall be substituted the word " assessment " ;
in subsection (2)—
for the words " a medical examination " there shall be substituted the word " assessment " ;
for the words " that examination" there shall be substituted the words " any medical examination held in connection with the assessment " ;
in subsection (3)—
in paragraph (a) for the word " examinations " there shall be substituted the word " assessment " ;
in paragraph (b) for the words " the examinations " there shall be substituted the words " any examinations held in connection with the assessment " ;
in paragraph (c) for the words " the medical examination " there shall be substituted the words " any medical examination held in connection with the assessment " ;
in subsection (6) after the words " process of " there shall be inserted the words " observation and " ;
in subsection (7) in paragraph (a) after the words " process of " there shall be inserted the words " observation and" ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1) in paragraphs (a) and (b) after the words " process of " there shall be inserted the words " observation and " ;
in subsection (2) in paragraph (c) at the end there shall be added the words " unless the parent of the child or of the young person or, as the case may be, the young person has requested the education authority not to appoint such a person ".
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in subsection (1) after paragraph (a) there shall be inserted—;
in subsection (2) before paragraph (a) there shall be inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after the words " (1)(a) " there shall be inserted " , (aa) " ;
for the words " (2)(a) " substitute " (2)(aa) or (a) ".
The foregoing provisions of this section extend to Scotland only.
In relation to disabled persons the duty under section 13 of the 1978 Act of Health Boards and local authorities to cooperate with one another shall include—
joint planning of services of common concern to those authorities;
consultation with voluntary organisations providing services similar in function to those mentioned in the preceding paragraph;
the publication at such times and in such manner as they consider appropriate of joint plans for the development of such services.
The foregoing provisions of this section extend to Scotland only.
In this Act—
in relation to England and Wales, means services under any arrangements which a local authority are required to make by virtue of any of the welfare enactments, and
in relation to ... Wales, ... Parts 4 and 6 of the Social Services and Well-being (Wales) Act 2014, and
In this Act as it applies in relation to England, any reference to a child who is looked after by a local authority has the same meaning as in Part 3 of the Children Act 1989.
“the 1968 Act” means the Social Work (Scotland) Act 1968;
In this Act as it applies in relation to Wales, any reference to a child who is looked after by a local authority has the same meaning as in Part 6 of the Social Services and Well-being (Wales) Act 2014.
In this Act as it applies in relation to Scotland, any reference to a child who is looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
This Act may be cited as the Disabled Persons (Services, Consultation and Representation) Act 1986.
This Act shall come into force on such date as the Secretary of State may by order appoint and different dates may be appointed for different provisions or different purposes, and different provision may be made under this subsection for England and Wales and for Scotland.
Any regulations or order made under this Act shall be made by statutory instrument and (except in the case of an order under subsection (2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
As regards any regulations or order made under this Act by the National Assembly for Wales, subsection (3) shall have effect without the words after “statutory instrument”.
This Act does not extend to Northern Ireland.