Health and Social Care (Independent Living) Bill [HL]

To impose duties upon certain persons and bodies in respect of disabled persons; to confer certain rights upon disabled persons for independent living; to amend the Mental Health Act 1983; to amend the Health and Social Care Act 2008; and for connected purposes.

The purpose of the Health and Social Care (Independent Living) Bill is to create the conditions in which disabled people can live independent lives, and enjoy the same choice, freedom, dignity, control and substantive opportunities as persons who are not disabled, at home, work and as members of the community. In particular, the Bill seeks to enable people with disabilities to make decisions about what care and assistance they receive, and about their living arrangements, by providing rights and entitlements to independent living. Lord Ashley of Stoke has tabled this Bill, under the title of Disabled Persons (Independent Living) Bill, in the previous three parliamentary sessions, most recently on 9 December 2008. Key areas

• A duty would be placed on local authorities to ensure the appropriate levels of support, advocacy, accommodation and employment opportunities are available to disabled people in their area.

• NHS services would have to ensure the appropriate levels of support, rehabilitation and palliative care services are available to disabled people.

• Local authorities and NHS bodies would have to co-operate to provide integrated services.

• A national independent living implementation plan and local independent living strategies would have to be established.

• Local authorities and NHS bodies would have to maintain registers of disabled people in their areas.

• The right for all disabled people to self-directed assessments of their requirements concerning any assistance, support, associated treatment, therapy, health or personal care, or skills training that they might need to live independent lives would be established.

• A duty would be placed on responsible authorities to allocate individual budgets to disabled people, to be allocated, used and controlled in a manner of that person’s choosing.

• No disabled person should be placed in a care establishment against their wishes, and should they wish to live in such an establishment it will be one of their choosing.

• The Mental Health Act 1983 would be amended to ensure independent living options are investigated before authorities decide to section or provide compulsory treatment.

• Local housing authorities would have to provide disabled people with accessible and affordable homes.