Annex 1: Legislative Framework (note 42)

Legal requirements for local authorities to provide social work services for people with a sensory impairment are laid down as part of their responsibilities to people who have a disability, or as a result of the Social Work (Scotland) Act 1968 or the Children (Scotland) Act 1995.

Social Work (Scotland) Act 1968 "the 1968 Act"

Section 12

Places a duty on every local authority to promote social welfare by making available advice, guidance and assistance on a scale appropriate for their area.

Section 12A

This was inserted by the National Health Service and Community Care Act 1990. (See under that Act, section 55 on page 53.) The Social Work (Scotland) Act 1968 was also amended by Carers (Recognition and Services) Act 1995. See again page 53 under that Act.

Section 14

Places a duty on every local authority to provide domiciliary services for households where there are persons in need. It also gives the power to provide laundry facilities for these households.

Chronically Sick and Disabled Persons "the 1972 Act"

(Scotland) Act 1972

This Act extends sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 (the 1970 Act) to Scotland.

Section 1 (of the 1970 Act)

Places a duty on every local authority having functions under section 12 of the 1968 Act to inform themselves about the numbers of disabled people living in their area and of the need to make arrangements for them. Every local authority is to publish general information about the services they provide. They are also to inform disabled people about relevant services that they know others provide.

Section 2 (1) (of the 1970 Act)

Lists the arrangements which can be made to assist disabled people. These include:

• practical assistance for that person in his home;

• getting, or helping someone to get, a radio, tv, telephone or specialist equipment to be able to use a telephone;

• help in taking advantage of library, recreational or educational facilities;

• providing facilities to, or helping with, travel to and from home;

• adaptations to the home;

• holidays;

• meals.

Education (Scotland) Act 1980 "the 1980 Act"

Section 1

Under this section education authorities have a duty to secure the adequate and efficient provision of school education for their area. This must include provision for special educational needs which covers those with learning difficulties which may arise from a disability.

Section 60(2)

So that they are in a position to fulfil their duties in respect of special educational needs, education authorities must establish which children belonging to their area, who are 2 years of age or over but under school leaving age, have pronounced, specific or complex special educational needs which require continuing review. They must open and keep a Record of Needs for any such child who, following assessment, is found to have such needs. There is also discretionary power to carry out these functions for children aged between 16 and 18 who are still at school.

Section 65B

Places a duty on the education authority to provide a Future Needs Assessment of any child with special educational needs so that children may benefit from local authority services after leaving school.

Disabled Persons (Services, Consultation and "the 1986 Act"

Representation) Act 1986

Section 4

Places a duty on the local authority to decide whether the needs of a disabled person call for the provision of a range of services in accordance with section 2(1) of the 1970 Act if requested to do so by the disabled person, his representative or his carer.

Section 8(1)

Places a duty on the local authority to take account of the ability of the carer to continue to provide the care.

Section 13

Deals with disabled persons leaving special education in Scotland. Under this section local authorities have a duty to assess the needs of disabled children with respect to the provision of services "in accordance with the welfare enactments, and for that assessment to be carried out".

National Health Service and "the 1990 Act"

Community Care Act 1990

Section 47(2)

States that if during an assessment of need a person appears to be disabled, the local authority shall proceed automatically to a decision on services.

Section 55

This inserted a new section 12A into the 1968 Act under which the local authority would carry out assessment of needs and would then decide whether these needs call for the provision of services.

Carers (Recognition and Services) Act 1995 "the 1995 Act"

Section 2(1)

Amends Section 12A of the 1968 Act to make an independent assessment of carers needs when they request this providing that the care they offer is substantial and regular.

Disability Discrimination Act 1995 "the 1995 (DD) Act"

Section 19

Makes it unlawful for a provider of services to discriminate against a disabled person in relation to access e.g. to and use of information and to and use of a means of communication.

The Children (Scotland) Act 1995 "the 1995 (CS) Act"

Section 23

Introduces a new legal framework for assessment, services and support to children with disabilities, children affected by disability and their families. An underlying principle is that services are designed to minimise the adverse effect of the child's disability and to enhance the child's opportunity to lead as normal a life as possible.

Section 24

In carrying out an assessment to determine the needs of a disabled child the local authority is required to assess a carer's ability to provide, and to continue to provide, care for the child.