Disabled Children And the Law: Research And Good Practice

by Read, Janet; Clements, Luke J.; Ruebain, David

• ISBN13: 9781843102809
• ISBN10: 1843102803
• Edition: 2nd
• Format: Paperback
• Copyright: 2006-04-15
• Publisher: Jessica Kingsley Pub

Summary

Now in its completely updated second edition, this accessible guide to the laws affecting disabled children and adolescents will enable professionals and families to understand the legislation and apply it confidently and creatively to improve the quality of life of children with disabilities. The authors take an anti-discriminatory and inclusive approach that involves parents and children in decision-making and advocacy. They draw on research on the needs of disabled children, young adults and their families to indicate how the law can be used to promote good practice and policy development. They also explain the overlapping legal responsibilities of social services, health and education, and how to facilitate co-ordinated practice. Divided into two parts, the book complements the legal information in the first part with an extensive research section in the second part. Disabled Children and the Law is an essential reference for practitioners, policy makers, students and families.

Table of Contents

Acknowledgements	9	(2)
Introduction	11	(4)
What is this book about?	11	(1)
Who is this book for?	12	(1)
How this book is organised	12	(3)
Part I Research, the Law and Good Practice	15	(224)
Human Rights, Ethics and Values	17	(11)
Introduction	17	(1)
Quality oflife and human rights	17	(3)
Understanding disability	20	(1)
Whose perspectives?	21	(1)
The significance of social groupings and social divisions	22	(1)
Relationships between service users and providers	22	(3)
The law and its application	25	(3)
Research and Good Practice	28	(38)
Overview	28	(1)
Key debates and social trends	29	(6)
Disabled children and their families: common needs and problems	35	(13)
Valued service provision	48	(17)
Concluding remarks	65	(1)
The Law and Frequently Encountered Legal Obstacles	66	(34)
Introduction	66	(1)
Special note on terminology	67	(1)
What is meant by `the law'	67	(5)
The general obligations and powers of the statutory agencies	72	(1)
The specific obligations of local authorities	73	(7)
The specific obligations of children and adult education services	80	(1)
The specific obligations of housing authorities	80	(1)
The NHS's obligations to disabled children	80	(1)
Cooperation among the statutory agencies	81	(2)
Transitional periods in a disabled child's lifecourse	83	(1)
The disabled child's perspective	83	(1)
Children's social services	84	(3)
Education	87	(1)
NHS services	87	(2)
The perspective of parents and siblings	89	(3)
Confidentiality and access to information	92	(2)
Procedures for making representations and complaints	94	(6)
The Early Years	100	(37)
Introduction	100	(1)
Families' experience of the early years	101	(6)
Valued and effective approaches to meeting the needs of children and their families	107	(9)
Legal commentary	116	(21)
Introduction	116	(1)
The NHS and hospital services	117	(9)
Children's social services	126	(7)
The role of children's education services	133	(1)
Educational responsibilities of health and social services	134	(3)
The School Years	137	(29)
Introduction	137	(1)
Increasing autonomy and choice for the disabled child	138	(3)
Getting a decent education	141	(4)
Leisure, play and social life	145	(2)
Personal, material and practical support needs of individuals and families	147	(2)
Legal commentary	149	(17)
Introduction	149	(1)
Education	149	(8)
Disability discrimination and education	157	(4)
Social services	161	(2)
Health services	163	(3)
Becoming an Adult	166	(34)
Introduction	166	(1)
What it means to become an adult	167	(1)
Disabled young people and transition to adulthood	168	(7)
Representation, support and information	175	(2)
Service provision and planning for transition to adult life	177	(6)
Legal commentary	183	(17)
Introduction	183	(2)
Education service's responsibilities	185	(4)
Social services	189	(2)
NHS responsibilities	191	(1)
The Independent Living Fund	192	(2)
Housing responsibilities	194	(3)
Mental capacity and parental wills/trusts	197	(3)
Children Who Live Away from Home	200	(39)
Introduction	200	(2)
The deficit of information and data	202	(15)
Concluding remarks	217	(1)
Legal commentary	217	(22)
Introduction	217	(1)
Terminology	218	(2)
Local authority duties to looked-after children	220	(1)
Specific accommodation arrangements	221	(18)
Part II Resource Materials	239	(44)
Appendix 1 Complaints Materials	241	(10)
Local authority complaints procedures	241	(5)
NHS complaints materials	246	(5)
Appendix 2 Social Services Materials	251	(20)
The social services assessment and care-planning obligations	251	(6)
Services for disabled children	257	(7)
Social services' responsibilities towards carers	264	(3)
The power of social services departments to charge for services	267	(4)
Appendix 3 Disabled Facilities Grants Materials	271	(4)
Mandatory grants	272	(1)
Eligibility	273	(1)
Timescales	273	(2)
Appendix 4 Precedent Letters	275	(8)
Letter 1: Requesting the initial involvement of social services	275	(1)
Letter 2: Expresssing concern about failure of hospital discharge planning	276	(2)
Letter 3: Complaint to Children's Social Services	278	(1)
Letter 4: Expressing concern about the failure of the NHS to provide adequate speech or language therapy assistance	279	(2)
Letter 5: Requesting the initial involvement of LEA for child under 5 years old	281	(1)
Letter 6: Requesting access to files	282	(1)
References	283	(12)
Subject Index	295	(5)
Index of Legislation and Guidance	300	(2)
Author Index	302