2.1. List current disability related legislation

This guide will help you answer 2.1. List current disability related legislation.

As a support worker, it’s essential to know about the laws that protect individuals with disabilities. This guidance will help you list and understand the current legislation related to disabilities. Each piece of legislation serves to uphold the rights and dignity of those with disabilities, ensuring they receive fair treatment and equal opportunities. Always check the GOV.UK legislation website for the latest changes and new legislation.

The Equality Act 2010

The Equality Act 2010 is a major piece of legislation. It consolidates several previous laws and provides a framework for anti-discrimination, including for those with disabilities. Key points include:

• Discrimination Protection: Protects individuals from discrimination in employment, education, and other areas.
• Reasonable Adjustments: Employers and service providers must make adjustments to remove barriers.

The Care Act 2014

The Care Act 2014 relates to the provision of social care. It has specific implications for people with disabilities. Essential aspects include:

• Assessment of Needs: Local authorities must assess an individual’s needs, regardless of financial means.
• Personal Budgets: Gives individuals more control over their care by allowing them to choose how their care needs are met.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 focuses on decision-making when individuals lack the capacity to make decisions. This is particularly relevant for people with disabilities who may need support with decision-making. Key elements include:

• Capacity Assessments: Provides guidance for assessing an individual’s decision-making capacity.
• Best Interest Decisions: Decisions must be made in the best interest of the individual who lacks capacity.

The Children and Families Act 2014

This Act addresses the welfare of children and young people, including those with disabilities. Important points include:

• Education, Health and Care Plans (EHCPs): Replaces the Statement of Special Educational Needs with a more holistic approach.
• Family Support: Provides additional rights and support to families of disabled children.

The Disability Discrimination Act 1995 (DDA)

Although the Equality Act 2010 largely replaced the DDA, it remains influential. It originally laid the foundation for disability rights. Key contributions are:

• Employment Rights: Set early standards for non-discrimination in the workplace.
• Access to Services: Highlighted the need for accessible public services.

The Health and Social Care Act 2012

This Act reformed how health care is delivered in England. For people with disabilities, it emphasised:

• Integrated Care: Encouraged closer integration of health and social services.
• Patient Choice: Increased choices for patients over their care providers.

The Human Rights Act 1998

The Human Rights Act 1998 embeds the European Convention on Human Rights into UK law. It applies to everyone, including individuals with disabilities. Essential rights include:

• Right to Life: Protection for individuals’ lives and safety.
• Prohibition of Discrimination: Ensures no discrimination in enjoying these rights.

The Chronically Sick and Disabled Persons Act 1970

This Act was one of the first specific disability-related laws. Key features include:

• Provision of Services: Obligates local authorities to provide practical assistance and services.
• Welfare Rights: Focus on the welfare and rights of disabled persons.

The SEND Code of Practice

The Special Educational Needs and Disability (SEND) Code of Practice guides the support provided to children and young people with special educational needs. Key points are:

• Guidance for Local Authorities: On assessing and meeting the educational needs.
• Partnership with Parents: Encourages collaborative work between schools and families.

The Autism Act 2009

The Autism Act 2009 was a pioneering piece of legislation. It emphasised:

• Adult Autism Strategy: Required the government to develop a strategy for adults with autism.
• Guidance to Local Authorities: Provided guidance on the provision of services to adults with autism.

The Disabled Persons (Services, Consultation and Representation) Act 1986

This Act focuses on improving services for disabled people. Its elements include:

• Assessment and Service Improvement: Focused on improving assessment processes and service provision.
• Involvement in Decisions: Ensures disabled individuals and their carers have a say in decisions affecting them.

The Welfare Reform Act 2012

This act introduced changes to welfare benefits, impacting people with disabilities. Notably:

• Personal Independence Payment (PIP): Replaced the Disability Living Allowance for adults.
• Universal Credit: Merged several benefits into one, affecting living and support arrangements.

The Equality Duty

Though part of the Equality Act 2010, the Equality Duty is important enough to be highlighted separately. It mandates:

• Public Sector Responsibility: Requires public bodies to consider disability-related needs when making decisions.
• Promoting Equality: Focuses on eliminating discrimination, advancing equality, and fostering good relations.

Conclusion

Understanding these laws is essential for supporting individuals with disabilities effectively. This knowledge ensures you can advocate for their rights, make informed decisions, and provide the best support possible in your role. Always stay updated, as legislation can evolve over time.