GOVERNMENT ACTS

There are certain legal obligations for the provision of services for children and adults with a learning disability.  Not everyone has the time to read these documents to find out what their rights are but if you have a problem about the provision, or lack of provision of a service, it may be useful to try and find out what the legal obligations are.  It is also useful to look at documents which are not necessarily official acts but do give guidelines.  We have only listed some of these important documents.  If you need further information contact Northallerton Mencap who may be able to help.  If you have access to the Internet then you can obtain information via the appropriate websites.

CHILDREN

The Children Act 1989
Gives details about all provisions for children including children with disabilities.

Education Act 1981
Gives details of education provision and an obligation to make a statement of educational needs.

Education Act 1993
Gives details of annual reviews and the transition period.

The Children Act 2004 (Every Child Matters)
Places responsibility on all agencies to work together towards five agreed outcomes for children.
For further details see www.des.gov.uk

ADULTS

Caring for People – Community Care in the Next Decade and Beyond
This sets out the basic principles of Community Care and the major changes that would take place in the role and practice of Social Services.

NHS and Community Care Act 1990 – HMSO
Gives details of NHS Structure, as well as Community Care provision.

Chronically Sick and Disabled Persons Act 1970
Gives details of services that must be provided by the local authority.

Disabled Person (Services, Consultation and Representation) Act 1986
Gives people with disabilities the right to representation, assessment, information and consultation.  Although not all the Act was implemented it is considered good practice. 

The Mental Health Act 1983
Gives details about admission to hospital, powers of the courts, review tribunals and other miscellaneous provisions.

The Registered Homes Act 1984
Gives details of registration.

The Code of Practice to the Police and Criminal Evidence Act 1984 (PACE)
Establishes procedures, which the police must follow if they arrest and question any person with a learning disability.

The Charity Act 1992
Gives details of how charities must operate, including their responsibilities.

The Health of the Nation
Gives a summary of the Government proposals for health care in England.

Patients Charter
Gives your rights to receive health care.

Family Health Care
North Yorkshire Family Health Services Authority – gives your rights to medical services, GP, Dentist, Pharmacist and ophthalmic services.

Data Protection Act

Freedom of Information Act 2000

Disability Discrimination Act 1995

Valuing People 2001
Valuing People a new strategy for learning disability for the 21st century a white paper.

Mental Capacity Act 2005

For further information for all of the above legislation see www.gov.uk