6 September 1972

Dear Colleague

CHRONICALLY SICK AND DISABLED PERSONS (SCOTLAND) ACT 1972

Summary

1. This Circular provides guidance on the Chronically Sick and Disabled Persons (Scotland) Act 1972, which received Royal Assent on 27 July 1972. The Act extends the application of sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 to Scotland, with certain amendments to take account of the provisions of the Social Work (Scotland) Act 1968. The other provisions of the 1970 Act already apply to Scotland.

Commencement

2. Section 1 of the 1970 Act came into operation in Scotland on 1 October 1972 under the provisions of the Chronically Sick and Disabled Persons Act 1970 (Government) (Scotland) Order 1972. Section 2(1) of the 1970 Act became effective in Scotland as from the date of enactment of the 1972 Act.

Guidance on the Provisions of the Act

3. The effect of section 1 of the 1970 Act, as applied to Scotland, is to place a duty on local authorities to inform themselves of the number of chronically sick and disabled persons in their area, and of the need for arrangements to be made for such persons under the Social Work (Scotland) Act 1968; to publish from time to time at such times and such manner as they consider appropriate general information as to the services provided under the Act of 1968 which are for the time being available in their area; and to ensure that any person who uses any of those services is informed of any other of those services which in the opinion of the local authority is relevant to his needs

4. The effect of section 2(1) of the 1970 Act is to place a duty on the authority to make arrangements for all or any of the following services where they are satisfied that these services are necessary in order to meet the needs of the person concerned:

(a) the provision of practical assistance for that person in his home;

(b) the provision for that person of, or assistance to that person in obtaining, radio, television, library or similar recreational facilities;

(c) the provision for that person of lectures, games, outings and other recreational facilities outside his home or assistance to that person in taking advantage of educational facilities available to him;

(d) the provision for that person of facilities for, or assistance in, travelling to and from his home for the purpose of participating in any services provided under arrangements made by the authority under the 1968 Act, or, with the approval of the authority, in any service provided otherwise than as aforesaid which is similar to services which could be provided under such arrangements;

(e) the provision of assistance for that person in arranging for the carrying out of any works or adaptation in his home or the provision of any additional facilities designed to secure his greater safety, comfort or convenience;

(f) facilitating the taking of holidays by that person, whether at holiday homes or otherwise and whether provided under arrangements made by the authority or otherwise;

(g) the provision of meals for that person whether in his home or elsewhere; and

(h) the provision for that person, or assistance to that person, to obtain a telephone and any special equipment necessary to enable him to use a telephone.

5. Section 1(2) of the 1972 Act provides that nothing in the provisions of the Act shall derogate from the scope of what local authorities are under a duty to do in respect of any person by virtue of any provision of the Social Work (Scotland) Act 1968. The Act of 1972 accordingly does not affect the general duty of the local authority to promote social welfare under section 12 of the 1968 Act, under which services are already provided for chronically sick and disabled persons and other categories of person in need.

Assessment

6. The task of assessing the needs of each disabled person should be undertaken as a normal part of the authority’s social work service, ie it should be an occasion for consideration of all relevant needs and not merely those to which the section refers; and a judgement whether these needs or others are of prior importance should be drawn from a complete and not a partial picture of the situation. Further advice on assessment and care management is given in Circular No SWSG11/91.

General

7. The Secretary of State expects authorities to have full regard to the provisions of the 1972 Act in the administration and planning of their services. He is aware that a number of the facilities described in the Act, as well as other facilities for the disabled, are already provided by local authorities in the exercise of their duty to promote social welfare under section 12, and by voluntary organisations in accordance with arrangements made under section 4, of the 1968 Act. He also appreciates that, in drawing up their proposals for the future development of the social work services, authorities must take account of many other claims on their resources in addition to those of the disabled. Nevertheless, he expects services for the disabled to benefit from the increased provision which is being made for the social work services, and asks authorities to be as generous as possible within the resources available in their provision of services for this purpose.

8. Copies of the 1972 Act can be obtained from HMSO, 71 Lothian Road, Edinburgh.

Contact Point

9. Please direct any enquiries about this Circular to Miss Mary Forker, Social Work Services Group, Room 44, James Craig Walk, Edinburgh EH1 3BA

(telephone 0131 244 5456).

Yours faithfully

GAVIN ANDERSON