Disabled children : a legal handbook.

Great Britain : Legal Action Group, 2016.

xlviii, 598 pages ; 21 cm

Second edition.

Introduction — 1. Understanding disable children’s liver – Introduction – Underpinning principles –Consulting disabled children: numbers, characteristics and circumstances – Living with disability: parents’ and children’s experience – The early years – Getting an education – Transition to adulthood – Children who live away from home – Services for disabled children and their families – Conclusion – 2. Legal fundamentals – Introduction – The common law and judicial review – International human rights conventions – The hierarchy of domestic law – Powers and duties – Key local structures/ processes – Parental responsibility – Routes to redress – 3. Children’s services – Introduction – Key changes under the children and families act 2014 – Statutory scheme: disabled children as children in need – Social work services/ key workers – Duty to access – Duty to provide services – Care plans: the how, who, what and when – Duty to accommodate disabled children – Duties towards “look after” disabled children – Charging for children’s services – Safeguarding and child protection – Transition to adult social care – 4. Education – Introduction – The human right to education – Duty to participate to -- The SEN and disability scheme 0-25 – Implementation and transfer to the new system – The local offer – Duties on school – SEN support – early years, schools, colleges – Education, health and care plans – Reviews – Re – assessment – Personal budgets – Direct payments for SEN provision – Children and young people in custody – Residential and -out-of- authority placements – Education otherwise than at school – Duties to children who are without education (EA 1996 s19) – School admissions – Exclusion for school and colleges – School and college transport – Appeals to the tribunal – Other enforcement methods – Decision – making for young people – Further advice and support – 5. Health – Introduction – Changes to the NHS – Children and families’ views to inform health services – Co-operation between health and local authorities – the local offer and health – Health services -fundamental duties – The responsibilities of GPs and other primary health services – Duty to assess healthcare needs – Education health, health and care plans – Health and action plans – Children’s health services -the children ‘s NSF – Disabled children’s health services and the NSF – NHS equipment provision – Short breaks – Continence services – Continuing care – Continuing care and direct payments/ personal budgets – Consent to treatment – Transition form child to adult services – 6. Housing – Introduction – Responsibilities of housing authorities and duties to co-operate – Families with disabled children becoming homeless – Families with disabled children who need to move to suitable housing – Benefit reform and disabled children -- Discretionary housing payments and meeting the cost of moving -- Disabled facilities grants – 7. Decision- making: the legal framework – Introduction – An overview of the legal framework for decision-making – Mental capacity act 2005 – Capacity under the MCA 2005 – The court of protection and the appointment of deputies – Specific duties for children and young people – 8. Carers – Introduction – Parent carers –Support services – Young carers – Parent carers as disabled children transition to adulthood – 9. Equity and non- discrimination – Introduction – Legal framework – Equality act 2010 – The definition of disability – Discrimination – prohibited conduct -- Reasonable adjustments – Discrimination because of association or perception -- Harassment and victimization – Services and public functions – Education – Advancements of equality -- Enforcement – Article 14 ECHR – the human right to non-discrimination – 10. Transition to adulthood – Introduction – Social care – Healthcare responsibilities – Mental capacity – Housing – Higher education – disabled student allowance – 11. Remedies – Introduction – Complaints procedures – Ombudsmen – Disagreement resolution arrangements – Mediation – Tribunal – Judicial review – County court claims – Availability of legal aid – Other sources of advice and support – Information, advice and support services – Appendices.

Includes bibliographical references and index.