Disabled Persons (Services, Consultation and Representation) Act 1986

1986 CHAPTER 33

Contents

Go to Preamble

1. Part I

   Representation and Assessment

   1. 1.—. Appointment of authorised representatives of disabled persons (E+W)

   2. 1.—. Appointment of authorised representatives of disabled persons (S)

   3. 2. Rights of authorised representatives of disabled persons (E+W)

   4. 2. Rights of authorised representatives of disabled persons (S)

   5. 3. Assessment by local authorities of needs of disabled persons

   6. 4. Services under s. 2 of the 1970 Act: duty to consider needs of disabled persons

   7. 5. Disabled persons leaving special education

   8. 6. Review of expected leaving dates from full - time education of disabled persons

   9. 7. Persons discharged from hospital

   10. 8. Duty of local authority to take into account abilities of carer

2. Part II

   Information and Consultation

   1. 9. Information

   2. 10. Co-option to committees etc. of persons representing interests of disabled persons

   3. 11. Reports to Parliament

3. Part III

   Scotland

   1. 12. Amendment of the 1970 Act and the 1968 Act, 1948 c. 29

   2. 13. Disabled persons leaving special education: Scotland

   3. 14. Assessment and recording of children and young persons

   4. 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Part IV

   Supplemental

   1. 16. Interpretation

   2. 17. Financial provisions

   3. 18. Short title, commencement, regulations, orders and extent

An Act to provide for the improvement of the effectiveness of, and the co-ordination of resources in, the provision of services for people with mental or physical handicap and for people with mental illness; to make further provision for the assessment of the needs of such people; to establish further consultative processes and representational rights for such people; and for connected purposes.

[8th July 1986]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Representation and Assessment

1.— Appointment of authorised representatives of disabled persons

(1)In this Act “authorised representative”, in relation to a disabled person, means a person for the time being appointed by or on behalf of that disabled person (in accordance with regulations made under this section) to act as his authorised representative for the purposes of this Act.

(2)The Secretary of State may by regulations make provision with respect to the appointment of persons to act as the authorised representatives of disabled persons, including provision—

(a)for the manner in which the appointment of a person as an authorised representative is to be made; and

(b)for any such appointment to be notified to the relevant local authority (as defined in the regulations) if made otherwise than by that authority

(3)Any such regulations—

(a)may provide for the

[F1(i)the parent of a disabled person under the age of sixteen, or

(ii)any other person who is not a parent of his but who has parental responsibility for him] to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);

(b)may provide for the appointment of a person as the authorised representative of a disabled person who is a child [F2looked after by] a local authority to be made by that authority in such circumstances as may be specified in the regulations;

(c)may, in accordance with subsection (4), provide for the appointment of a person as the authorised representative of a disabled person to be made by, or under arrangements made by, a local authority in a case where the disabled person appears to the authority to be unable to appoint a person as his authorised representative by reason of any mental or physical incapacity;

(d)may contain such incidental or supplementary provisions as the Secretary of State thinks fit.

(4)Regulations under paragraph (c) of subsection (3) may make provision—

(a)for requiring a local authority, for the purpose of enabling them to determine whether a disabled person is unable to appoint a person as his authorised representative as mentioned in that paragraph, to obtain the opinion of a registered medical practitioner;

(b)for authorising a local authority, where they determine that a disabled person is so unable, either—

(i)themselves to appoint a person as the disabled person’s authorised representative, or

(ii)to make with any voluntary organisation, person or persons approved by them for the purpose such arrangements as they think fit for such an appointment to be made by the organisation, person or persons concerned;

(c)for requiring or authorising a local authority, before determining the question specified in paragraph (a), or (as the case may be) before making any appointment of an authorised representative, or any arrangements, in pursuance of paragraph (b), to consult any of the following, namely—

(i)a person or persons appointed by them for the purpose, or

(ii)a person or persons falling within any class or description specified in the regulations;

(d)for requiring a local authority, in such circumstances as may be specified in the regulations, to review the case of a disabled person whose authorised representative has been appointed in pursuance of paragraph (b) (whether by the local authority or under any arrangements made by them) for the purpose of determining whether he is still unable to appoint a person as his authorised representative as mentioned in subsection (3)(c).

(5)Subsections (2) to (4) shall apply, with any necessary modifications, in relation to the termination of the appointment of a person as an authorised representative as they apply in relation to the making of such an appointment.

(6)It is hereby declared that any person exercising under Part II of the 1983 Act or Part V of the 1984 Act—

(a)the functions of the nearest relative of a disabled person, or

(b)the functions of the guardian of a disabled person received into guardianship under that Part of that Act,

may, if appointed as such in accordance with this section, also act as that person’s authorised representative.

1.— Appointment of authorised representatives of disabled persons

(1)In this Act “authorised representative”, in relation to a disabled person, means a person for the time being appointed by or on behalf of that disabled person (in accordance with regulations made under this section) to act as his authorised representative for the purposes of this Act.

(2)The Secretary of State may by regulations make provision with respect to the appointment of persons to act as the authorised representatives of disabled persons, including provision—

(a)for the manner in which the appointment of a person as an authorised representative is to be made; and

(b)for any such appointment to be notified to the relevant local authority (as defined in the regulations) if made otherwise than by that authority

(3)Any such regulations—

(a)[F1may provide for—

(i)any person who has parental responsibilities in relation to a disabled person under the age of sixteen (“parental responsibilities” having the meaning given by section 1(3) of the Children (Scotland) Act 1995); or

(ii)any other person who is entitled to act as the disabled person’s legal representative (as defined in section 15(5) of the Children (Scotland) Act 1995),

to appoint] himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);

(b)may provide for the appointment of a person as the authorised representative of a disabled person who is a child [F2looked after by] a local authority to be made by that authority in such circumstances as may be specified in the regulations;

(c)may, in accordance with subsection (4), provide for the appointment of a person as the authorised representative of a disabled person to be made by, or under arrangements made by, a local authority in a case where the disabled person appears to the authority to be unable to appoint a person as his authorised representative by reason of any mental or physical incapacity;

(d)may contain such incidental or supplementary provisions as the Secretary of State thinks fit.

(4)Regulations under paragraph (c) of subsection (3) may make provision—

(a)for requiring a local authority, for the purpose of enabling them to determine whether a disabled person is unable to appoint a person as his authorised representative as mentioned in that paragraph, to obtain the opinion of a registered medical practitioner;

(b)for authorising a local authority, where they determine that a disabled person is so unable, either—

(i)themselves to appoint a person as the disabled person’s authorised representative, or

(ii)to make with any voluntary organisation, person or persons approved by them for the purpose such arrangements as they think fit for such an appointment to be made by the organisation, person or persons concerned;

(c)for requiring or authorising a local authority, before determining the question specified in paragraph (a), or (as the case may be) before making any appointment of an authorised representative, or any arrangements, in pursuance of paragraph (b), to consult any of the following, namely—

(i)a person or persons appointed by them for the purpose, or

(ii)a person or persons falling within any class or description specified in the regulations;

(d)for requiring a local authority, in such circumstances as may be specified in the regulations, to review the case of a disabled person whose authorised representative has been appointed in pursuance of paragraph (b) (whether by the local authority or under any arrangements made by them) for the purpose of determining whether he is still unable to appoint a person as his authorised representative as mentioned in subsection (3)(c).

(5)Subsections (2) to (4) shall apply, with any necessary modifications, in relation to the termination of the appointment of a person as an authorised representative as they apply in relation to the making of such an appointment.

(6)It is hereby declared that any person exercising under Part II of the 1983 Act or Part V of the 1984 Act—

(a)the functions of the nearest relative of a disabled person, or

(b)the functions of the guardian of a disabled person received into guardianship under that Part of that Act,

may, if appointed as such in accordance with this section, also act as that person’s authorised representative.

2 Rights of authorised representatives of disabled persons

(1)A local authority shall permit the authorised representative of a disabled person, if so requested by the disabled person—

(a)to act as the representative of the disabled person in connection with the provision by the authority of any services for him in the exercise of any of their functions under the welfare enactments, or

(b)to accompany the disabled person (otherwise than as his representative) to any meeting or interview held by or on behalf of the authority in connection with the provision by them of any such services.

(2)For the purpose of assisting the authorised representative of a disabled person to do any of the things mentioned in subsection (1)(a) and (b) a local authority shall, if so requested by the disabled person—

(a)supply to the authorised representative any information, and

(b)make available for his inspection any documents,

that the disabled person would be entitled to require the authority to supply to him or (as the case may be) to make available for his inspection.

(3)In relation to a disabled person whose authorised representative has been appointed by virtue of subsection (3) of section 1, subsections (1) and (2) above shall each have effect as follows—

(a)if the appointment was made by virtue of subsection (3)(a) of that section, [F1for the words “if so requested by the disabled person” there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)”.];and

(b)if the appointment was made by virtue of subsection (3)(b) or (c) of that section, the words “if so requested by the disabled person” shall be omitted.

(4)A local authority shall not be required by virtue of subsection (1) or (2)—

(a)to permit an authorised representative to be present at any meeting or interview or part of a meeting or interview, or

(b)to supply any information to an authorised representative or to make any documents available for the inspection of an authorised representative,

if the authority are satisfied that to do so would be likely to be harmful to the interests of the disabled person by whom or on whose behalf the representative has been appointed; and in determining that matter the authority shall have regard to any wishes expressed by the disabled person.

(5)Where a disabled person is residing—

(a)in hospital accommodation provided by the Secretary of State under section 3(1)(a) of the 1977 Act [F2, by a Primary Care Trust established under that Act][F3or by a National Health Service trust established under the provisions of the National Health Service and Community Care Act 1990] or, in Scotland, in hospital accommodation (other than accommodation at a State hospital) provided by the Secretary of State under section 36(1)(a) of the 1978 Act [F4or by a National Health Service trust established under that Act], or

(b)in accommodation provided by a local authority under Part III of the 1948 Act [F5or Schedule 8 to the 1977 Act] or, in Scotland, under Part IV of the 1968 Act or section 7 of the 1984 Act, or

[F6(bb)in accommodation provided by or on behalf of a local authority under Part III of the Children Act 1989, or]

(c)in accommodation provided by a voluntary organisation [F7or other person] in accordance with arrangements made by a local authority under section 26 of the 1948 Act or, in Scotland, provided by a voluntary organisation or other persons in accordance with arrangements made by a local authority under section 59(2)(c) of the 1968 Act, or

[F8(cc)in accommodation provided by a voluntary organisation [F9or other person] in accordance with arrangements made by a local authority under section 17 of the Children Act 1989, or]

(d)in [F10a care home within the meaning of the M1Care Standards Act 2000] or, in Scotland, in an establishment (other than accommodation falling within paragraph (c) above) registered under section 61 of the 1968 Act, or

[ F11(dd)in accommodation provided by any educational establishment.]

(e)at any place specified by a person having the guardianship of the disabled person under Part II of the 1983 Act or Part V of the 1984 Act,

the disabled person’s authorised representative may at any reasonable time visit him there and interview him in private.

(6)In paragraph (c) of subsection (5) “voluntary organisation” in relation to England and Wales includes a housing association within the meaning of the M2Housing Associations Act 1985.

(7)The Secretary of State may, after consulting such bodies representing health authorities or local authorities as appear to him to be appropriate and such other bodies as appear to him to be concerned, provide by order for any of the preceding provisions of this section to have effect (with such modifications as may be prescribed by the order) in relation to—

(a)the provision of services by health authorities in the exercise of such of their functions under the 1977 Act or the 1978 Act as may be prescribed by the order, or

(b)the provision of services by local authorities in the exercise of such of their functions as may be so prescribed.

(8)An order under subsection (7) may provide for any provision of regulations made under section 1 to have effect for the purposes of the order with such modifications as may be prescribed by the order, and in that event the reference in subsection (1) of that section to regulations made under that section shall be read as a reference to any such regulations as they have effect in accordance with the order.

(9)In subsection (7)—

• “health authority”—

[F12(a)in relation to England, means a Strategic Health Authority, a Special Health Authority or a Primary Care Trust,

(aa)in relation to Wales, means a Health Authority or a Special Health Authority, and]

(b)in relation to Scotland, means a Health Board; and

• “local authority”—

(a)in relation to England and Wales, has the meaning given by section 270(1) of the M3Local Government Act 1972; and

(b)in relation to Scotland, means a regional, islands or district council.

2 Rights of authorised representatives of disabled persons

(1)A local authority shall permit the authorised representative of a disabled person, if so requested by the disabled person—

(a)to act as the representative of the disabled person in connection with the provision by the authority of any services for him in the exercise of any of their functions under the welfare enactments, or

(b)to accompany the disabled person (otherwise than as his representative) to any meeting or interview held by or on behalf of the authority in connection with the provision by them of any such services.

(2)For the purpose of assisting the authorised representative of a disabled person to do any of the things mentioned in subsection (1)(a) and (b) a local authority shall, if so requested by the disabled person—

(a)supply to the authorised representative any information, and

(b)make available for his inspection any documents,

that the disabled person would be entitled to require the authority to supply to him or (as the case may be) to make available for his inspection.

(3)In relation to a disabled person whose authorised representative has been appointed by virtue of subsection (3) of section 1, subsections (1) and (2) above shall each have effect as follows—

(a)if the appointment was made by virtue of subsection (3)(a) of that section, [F1for the words “by the disabled person” there shall be substituted the words “by any person appointed by virtue of regulations made under section 1(3)(a)(i) or (ii) of this Act”.];and

(b)if the appointment was made by virtue of subsection (3)(b) or (c) of that section, the words “if so requested by the disabled person” shall be omitted.

(4)A local authority shall not be required by virtue of subsection (1) or (2)—

(a)to permit an authorised representative to be present at any meeting or interview or part of a meeting or interview, or

(b)to supply any information to an authorised representative or to make any documents available for the inspection of an authorised representative,

if the authority are satisfied that to do so would be likely to be harmful to the interests of the disabled person by whom or on whose behalf the representative has been appointed; and in determining that matter the authority shall have regard to any wishes expressed by the disabled person.

(5)Where a disabled person is residing—

(a)in hospital accommodation provided by the Secretary of State under section 3(1)(a) of the 1977 Act [F2or by a National Health Service trust established under the provisions of the National Health Service and Community Care Act 1990] or, in Scotland, in hospital accommodation (other than accommodation at a State hospital) provided by the Secretary of State under section 36(1)(a) of the 1978 Act [F3or by a National Health Service trust established under that Act], or

(b)in accommodation provided by a local authority under Part III of the 1948 Act or Schedule 8 to the 1977 Act or, in Scotland, under Part IV of the 1968 Act or section 7 of the 1984 Act, or

[ F4(bc)in Scotland, in accommodation provided by or on behalf of a local authority under Chapter 1 of Part II of the Children (Scotland) Act 1995, or]

(c)in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under section 26 of the 1948 Act or, in Scotland, provided by a voluntary organisation or other persons in accordance with arrangements made by a local authority under section 59(2)(c) of the 1968 Act, or

(d)in [F5a care home within the meaning of the M1Care Standards Act 2000] or, in Scotland, in [F6provided by a care home service within the meaning of the Regulation of Care (Scotland) Act 2001 (asp 8)], or

(e)at any place specified by a person having the guardianship of the disabled person under Part II of the 1983 Act or Part V of the 1984 Act,

the disabled person’s authorised representative may at any reasonable time visit him there and interview him in private.

(6)In paragraph (c) of subsection (5) “voluntary organisation” in relation to England and Wales includes a housing association within the meaning of the M2Housing Associations Act 1985.

(7)The Secretary of State may, after consulting such bodies representing health authorities or local authorities as appear to him to be appropriate and such other bodies as appear to him to be concerned, provide by order for any of the preceding provisions of this section to have effect (with such modifications as may be prescribed by the order) in relation to—

(a)the provision of services by health authorities in the exercise of such of their functions under the 1977 Act or the 1978 Act as may be prescribed by the order, or

(b)the provision of services by local authorities in the exercise of such of their functions as may be so prescribed.