The main laws and Government initiatives affecting people with learning disabilities

Legislation in the United Kingdom varies across England, Wales, Scotland and Northern Ireland. In England and Wales, the most important piece of legislation is the White Paper 'Valuing People: A New Strategy for Learning Disability for the 21st Century', published on 20 March 2001. It is the first White Paper on learning disability for thirty years and sets out an ambitious and challenging programme of action for improving services. It is likely to affect all other legislation concerning people with learning disabilities in England and Wales. In Scotland, legislation is likely to change following the 'Review of Services for People with a Learning Disability', completed in December 1999. The review is the first in-depth analysis of services for people with learning disabilities in Scotland for over 20 years and sets out a blueprint for action over the next ten years. It is likely to affect all other legislation concerning people with learning disabilities in Scotland. The other legislation described below relate to England and Wales, although there is often equivalent legislation in the other two countries. None of these Acts is solely applicable to people with learning disabilities, but they are the main laws which affect children and adults, or, in some cases, only children.

The Children Act (1989)

aims to give all children (defined as under 18) the care, control and safety they require in their everyday lives. The main focus is on domestic, welfare and social arrangements for their care. The Act strives to achieve a balance between the duty to protect children and a recognition of the key role played by parents. The Act introduced a new category of children "in need" (S.17) which includes children with disabilities, bringing them into the same legal framework as other children. Local authorities are required to provide services which minimise the effect of the child's disabilities, and give them the opportunity to "lead lives which are as normal as possible" (Schedule 2, para 6). Local authorities are also required to take a more systematic approach to the provision of information and needs assessment.

The Education Act (1993) and Education Act (1996)

are the main laws relating to the education of children with learning disabilities. Part III of the 1993 Act (consolidated within the 1996 Act) and the Code of Practice set out five clear stages for assessment and identification of special educational needs, with defined timetables and an emphasis on explicit target setting, regular reviews and parental involvement (defined as "partnership"). All schools must have explicit policies on special educational needs, including how the school identifies, assesses and meets those needs. Although there is a general duty to integrate children with special educational needs into mainstream schools, the duty is heavily qualified (e.g. it has to be compatible with the needs of other children). The 1993 Act established SEN Tribunals which enhance parental rights in respect of decisions about their child's assessment and school placement.

The NHS and Community Care Act (1990)

Part III of the Act covers the provision of community care services, including accommodation and welfare, for people over 18 "in need of care and attention" by reason of their disability. Local authorities can purchase these services from non-statutory organisations. Local authorities have to draw up community care plans in consultation with others, including organisations representing the

interests of service users. Any person over the age of 18 who is eligible for community care can ask the local authority to assess their needs and, if appropriate, draw up a plan setting out how those needs are to be met. The Act seeks to enable people to exercise greater choice and control about the services they receive and how these are delivered.

The Disability Discrimination Act (1995)

gives disabled people, including people with learning disabilities, new rights in the areas of transport, employment, information about education, property, goods, facilities and services. Discrimination is defined as occurring when a disabled person is treated less favourably than someone else. A Disability Rights Commission was established in 1999 and is charged with overseeing the working of the Act and handling complaints about alleged breaches of the Act. The provision of education services is to be added to services covered by the Act..

The Community Care (Direct Payments) Act 1996

and subsequent regulations give local authorities the discretionary power to make cash payments to anyone assessed as needing community care services. These payments are in lieu of services and have the potential to enable people with learning disabilities to exercise greater control over their lives. Direct Payments enable individuals to employ their own staff and choose how and when they are supported.

The Human Rights Act 1998

adopts the articles of the European Convention on Human Rights and came into force in October 2000. It will allow individuals to challenge violations of human rights in the UK courts. The impact of the Act will emerge as cases are heard, but articles which may be particularly relevant to people with learning disabilities include: the right to life; prohibition of inhumane or degrading treatment; the right to a fair trial; the right to marry; prohibition of discrimination; and the right to education.

The Health Act 2000

introduced new arrangements which allow one agency to fund another to provide specific services. This means, for example, that a health authority can fund social services to provide a service to disabled children and their families.

The Carers and Disabled Children Act 2000

implemented in Spring 2001, enables local authorities to make Direct Payments to parents of disabled children and to disabled 16- and 17-year olds instead of providing services. Carers other than parents can receive services in their own right for the first time. As well as attending to the child's developmental needs, attention must be given to any barriers which prevent the family's social integration.

Valuing People, White Paper 2001

The proposals in the White Paper are based on four key principles: civil rights, independence, choice and inclusion. Valuing People takes a life-long approach, beginning with an integrated approach to services for disabled children and their families and then providing new opportunities for a full and purposeful adult life. It has cross-Government backing and its proposals are intended to result in improvements in education, social services, health, employment, housing and support for people with learning disabilities and their families and carers. (Source: Department of Health website)

The Learning and Skills Bill

implemented in 2001 with the aim of tackling social exclusion and promoting equal opportunities for people with disabilities and/or learning difficulties. One of the Act's key duties is to improve the design, delivery, co-ordination, information, funding and support for all disabled students, trainees, and job seekers in education and post-16 training. It also provides opportunities to improve the transition process. A new national Learning and Skills Council with 50 local branches was established to replace the Further Education Funding Councils and Training and Enterprise Councils.

The Commission for Care Standards

established in 2002. The eight regional Commissions regulate a wider range of care services than before, including domiciliary care, small children's homes and local authority-run homes. The standards are set by national government and the regulation arrangements are independent.

Mental Capacity Bill

The English Government published a draft Mental Incapacity Bill in June 2003. The new Bill aims to put into law the principle that all adults are assumed to have capacity to make decisions for themselves. This is vital for people who are currently often wrongly assumed to be incapable of making decisions - for example, people with profound learning disabilities and autism. Please see our factsheet on Mental Capacity for more information.