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The Society for Children
and Adults with Learning
Disabilities and their Families

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Legislation & Policies


Assisted Decision-Making (Capacity) Act 2015 (ADMC Act) enacted in the Republic of Ireland

We are aware that many UK residents and British  citizens  have family ties or other links to the Republic of Ireland, and may be interested in the new legislation relating to learning disability and capacity enacted in December 2015.  The (ADMC Act) provided a long-overdue update and reform of legislation in the Republic.

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History of Legislation on Disability

lawNote: The following article is awaiting update on legislation enacted after 2012.

For information on the most recently enacted legislation, i.e. The Children and Families Act 2014 and  The Care Act 2014, please see the individual articles under the ‘Legislation & Policies’ menu, or follow the links at the end of this article.

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The Children and Families Act 2014 – a Guide to Education, Health and Care (EHC) Plans

This guide first appeared in Resnews 2015.2.  

The EHC reforms  discussed are the  consequence of  the Children and Families Act 2014.

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A Guide to Education, Health and Care (EHC) Plans

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Rescare Guide to Learning Disability and Work Related Benefits

To accompany our Guide to the Care Act – recently posted to the Legislation & Policies section of our website, after first being published in 2015 editions of our newsletter Resnews – we have decided to publish other ‘user guides’ first published in Resnews during 2015. This guide appeared in Resnews 2015.3.  Note one of the benefits of membership of Rescare is receipt of Resnews on a quarterly basis.

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A Guide to Learning Disability and Work Related Benefits

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Rescare Guide to Personal Budgets (published in Resnews 2014.4)

To accompany our Guide to the Care Act – recently posted to the Legislation & Policies section of our website, after first being published in 2015 editions of our newsletter Resnews – we have decided to publish other ‘user guides’ first published in Resnews during 2015. This guide appeared in Resnews 2015.4. Note one of the benefits of membership of Rescare is receipt of Resnews on a quarterly basis.

 

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The Care Act 2014 – A User Guide

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This ‘User Guide’ to the Care Act 2014 appeared in four parts in consecutive editions of Resnews 2015-16. (Resnews is the quarterly newsletter to our members). The Guide was generally well-received, and we publish it here in the hope that it will inform and help a wider audience.

The Care Act – What will it Mean for You? (Part 1 – from Resnews Summer ’15)

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The Care Act 2014

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The Care Act 2014 was enacted in 2014. As of April 2015, the Act and supporting guidance place a series of new duties and responsibilities on local authorities about care and support for adults.

The Act has been described as the most significant legislative change affecting care provision ‘in the last 60 years’ or ‘since the introduction of the Welfare State in 1948’. It supersedes much previous legislation and associated statutory guidance.

(The Care Act applies only to England, but other UK legislation has much in common with it: residents of Wales will be affected by the Social Services and Wellbeing (Wales) Act 2014 , and of Scotland by the Social Care (Self-directed Support) (Scotland) Act 2013). Continue reading

Health and Social Care Act 2012

HSCAThe Health and Social Care Act 2012, enacted on 27th March, is the most extensive reorganisation of the structure of the National Health Service in England to date. It proposes the abolition of NHS primary care trusts (PCTs) and Strategic Health Authorities (SHAs). Thereafter, £60 to £80 billion of “commissioning”, or health care funds, would be transferred from the abolished PCTs to several hundred “clinical commissioning groups”, partly run by the general practitioners (GPs) in England. Continue reading

Mental Capacity Act 2005

Rescare was closely involved in the consultations during the drafting of legislation that eventually became the Mental Capacity Act 2005, often referred to as the MCA.

A summary of the contents of the Act may be found here on the DirectGov website:- http://www.direct.gov.uk/en/governmentcitizensandrights/mentalcapacityandthelaw/makingdecisionsforsomeoneelse/dg_186479 .

The Mental Capacity Act provides a framework to empower and protect people who may lack capacity to make some decisions for themselves. Continue reading

Valuing People & Valuing People Now

Valuing People (‘A New Strategy for Learning Disability for the 21st Century’) was a government White Paper published in March 2001, by the Department of Health, who during the consultation process assumed the role of ‘lead department’.

The introduction to the White Paper explained its significance:

This is the first White Paper on learning disability for thirty years and sets out an ambitious and challenging programme of action for improving services. Continue reading

RESCARE

The Society for Children and Adults
with Learning Disabilities and their Families

 

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