Disabled Children: A Legal Handbook
Disabled children: a legal
handbook is an authoritative yet accessible guide to the legal
rights of disabled children and their families in England and
Wales. The authors expertly navigate the many, often overlapping,
sources of law, explaining the difference between what public
bodies must do to support disabled children and that which they may
do.
The handbook aims to empower disabled children and their
families through a greater understanding of their rights and
entitlements. It is essential reading for the families of disabled
children, their advocates and lawyers, voluntary and statutory
sector advisers, commissioners, managers and lawyers working for
public authorities, education, social and health care
professionals, students and academics.
How to order
Copies of this handbook can be ordered from the Legal Action Group
website.
Online version
PDF copies of each chapter are available by clicking on the
buttons below. You can also download the introduction here and a summary
of the legal entitlements of disabled children here.
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Disabled children and their families have the same human rights as others and the state has core responsibilities to promote the human rights of disabled children and their families and to counter the discrimination they experience.
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There are a wide range of laws creating powers and duties in relation to disabled children. All relevant agencies have a duty to co-operate to improve the well-being of all children (including disabled children), and where agencies are in breach of their duties, routes to redress are available.
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All 'disabled' children are children 'in need'. The primary duty on children's services authorities is to assess the needs of children in need, including disabled children. Once needs have been assessed, a children's services authority has a duty to provide services to meet the assessed needs if certain conditions are met.
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UPDATED NOV 2012: Disabled children have a right to suitable, effective and appropriate education. A large proportion of disabled children have 'special educational needs' (SEN).Local education authorities (LEAs) have general duties to promote the welfare of disabled children and children with SEN and to promote the fulfilment by every child of his or her educational potential.
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Disabled children have the same right as other children to access universal health services. NHS bodies have a duty to engage disabled children and their families in decisions about the planning and delivery of health services.
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Disabled children need housing which is both generally suitable and specifically adapted to meet their individual needs Housing authorities and other public bodies, including children's services authorities and health bodies, have duties to co-operate to ensure that disabled children's housing needs are met.
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Disabled children and their families are potentially eligible for many different types of welfare benefits, each with their own rules and administration. For many disabled children and their families, disability living allowance (DLA) is a key starting-point.
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Carers who are the family or friends of disabled children are entitled to separate carers' assessments. The purpose of a parent carer's assessment is to help sustain their caring role and support parent -carers to work or to access education, training or leisure facilities.
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The Equality Act (EA) 2010 came into force on October 2010 and replaces the DDA 1995 and other previous equality legislation. The EA 2010 outlaws a wide range of discriminatory treatment, alongside harassment and victimisation.
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The process of transition to adulthood involves changes in both the law and service provision for disabled young people. A whole range of government guidance requires a multi-agency approach to effective transition planning for disabled young people.
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Managing My
Way
A project and
resources designed to help disabled young people manage their own
health conditions.
Find out more