Learning Disabilities (Access to Services) Bill [HL]

1 Public consultation on access to services for adults with learning disabilities

(1)

The Secretary of State must undertake a public consultation (“the public
consultation”) to review access to services in England for adults with learning
disabilities, their families and carers who meet the criteria for a needs
assessment under section 9 of the Care Act 2014 (assessment of an adult’s
needs for care and support) or for an education, health and care plan under
section 36 of the Children and Families Act 2014 (assessment of education,
health and care needs).

(2)

The public consultation must review the adequacy, quality, extent and
accessibility of the provision of services for children and adults with a learning
disability.

(3)

The public consultation must also review the provision of physical and mental
health services for adults referred to in subsection (1) and the extent to
which—

(a)

local authorities and NHS bodies are meeting the public sector equality
duty and providing specialist training on delivering services to adults
with learning disabilities;

(b)

local authorities and NHS bodies are undertaking to address health
inequalities faced by adults with a learning disability;

(c)

progress is being made by local authorities and NHS bodies to meet
the objectives of the Building the Right Support programme; and

(d)

the provision of learning disability nurses meets demand.

(4)

The public consultation must consider whether local authorities are meeting
the responsibilities under sections 1 to 9 of the Care Act 2014, and if not, how
this should be addressed.

(5)

The public consultation must consider whether local authorities are meeting
the responsibilities under the Children and Families Act 2014, and if not, how
this should be addressed.

(6)

The public consultation must also consider the accessibility and adequacy of
government services for adults with a learning disability and in particular
communications, website design and forms, and whether these meet the public
sector equality duty.

(7)

The public consultation must consider the impact of the COVID-19 pandemic
on the provision of services for adults with a learning disability and the extent
to which—

(a)

powers under the Coronavirus Act 2020, in particular section 15 (local
authority care and support), have impacted access to services for
children and adults with a learning disability;

(b)

departments, local authorities and NHS bodies met the public sector
equality duty ; and

(c)

any failings under subsections (a) and (b) contributed to excess deaths
from COVID-19.

(8)

The public consultation must also consider whether to provide for a statutory
code of practice on the public sector equality duty for public bodies for matters
relating to learning disabilities.

(9)

In undertaking the public consultation, the Secretary of State may consult
such persons and bodies as the Secretary of State thinks fit.

(10)

The Secretary of State must appoint a person or persons with learning
disabilities to co-chair the public consultation.

(11)

The Secretary of State must publish a report outlining the findings of the
public consultation and the Government’s proposals for any consequent
improvements in the provision of services within the period of six months
beginning with the day on which this Act comes into force.

(12)

The Secretary of State must lay a copy of the report under subsection (11)
before both Houses of Parliament.

2 Interpretation

In this Act—

“
adult” means an individual aged 18 or over;

“
carer” has the same meaning as in section 10 of the Care Act 2014
(assessment of a carer’s need for support);

“
child” means an individual aged 17 or below;

“
education, health and care plan” has the same meaning as in section 37
of the Children and Families Act 2014 (education, health and care
plans);

“
learning disability” means a disability which includes the presence of
a significantly reduced ability to understand new or complex
information or to learn new skills, with a reduced ability to cope
independently, which started before adulthood, with a lasting effect
on development;

“
local authority” means the council of a district, county or London
borough and the Common Council of the City of London;

“
NHS body” has the same meaning as in section 6 of the Care Act 2014
(cooperating generally);

“
public sector equality duty” means the public sector equality duty under
section 1 of the Equality Act 2010 (public sector duty regarding
socio-economic inequalities).

3 Extent, commencement and short title

(1)

This Act extends to England and Wales only; and the provisions of all, or
part, of this Act apply to Wales only if regulations so providing have been
laid in draft before Senedd Cymru, approved by a resolution of the Senedd
and made by the Welsh Ministers by statutory instrument.

(2)

This Act comes into force on the day on which it is passed.

(3)

This Act may be cited as the Learning Disabilities (Access to Services) Act
2022.