Disabled Persons (Services, Consultation and Representation) Act 1986

Part I — Representation and Assessment

Appointment of authorised representatives of disabled persons

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• (1) In this Act “authorised representative”, in relation to a disabled person, means a person for the time being appointed by or on behalf of that disabled person (in accordance with regulations made under this section) to act as his authorised representative for the purposes of this Act.

• (2) The Secretary of State may by regulations make provision with respect to the appointment of persons to act as the authorised representatives of disabled persons, including provision—

• (a) for the manner in which the appointment of a person as an authorised representative is to be made; and

• (b) for any such appointment to be notified to the relevant local authority (as defined in the regulations) if made otherwise than by that authority

• (3) Any such regulations—

• (a) may provide for the

• (i) the parent of a disabled person under the age of sixteen, or

• (ii) any other person who is not a parent of his but who has parental responsibility for him

to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);

• (a) may provide for—

• (i) any person who has parental responsibilities in relation to a disabled person under the age of sixteen (“parental responsibilities” having the meaning given by section 1(3) of the Children (Scotland) Act 1995); or

• (ii) any other person who is entitled to act as the disabled person’s legal representative (as defined in section 15(5) of the Children (Scotland) Act 1995),

to appoint himself or some other person as the authorised representative of the disabled person (but shall not permit a person under that age himself to appoint a person as his authorised representative);

• (b) may provide for the appointment of a person as the authorised representative of a disabled person who is a child looked after by a local authority to be made by that authority in such circumstances as may be specified in the regulations;

• (c) may, in accordance with subsection (4), provide for the appointment of a person as the authorised representative of a disabled person to be made by, or under arrangements made by, a local authority in a case where the disabled person appears to the authority to be unable to appoint a person as his authorised representative by reason of any mental or physical incapacity;

• (d) may contain such incidental or supplementary provisions as the Secretary of State thinks fit.

• (4) Regulations under paragraph (c) of subsection (3) may make provision—

• (a) for requiring a local authority, for the purpose of enabling them to determine whether a disabled person is unable to appoint a person as his authorised representative as mentioned in that paragraph, to obtain the opinion of a registered medical practitioner;

• (b) for authorising a local authority, where they determine that a disabled person is so unable, either—

• (i) themselves to appoint a person as the disabled person’s authorised representative, or

• (ii) to make with any voluntary organisation, person or persons approved by them for the purpose such arrangements as they think fit for such an appointment to be made by the organisation, person or persons concerned;

• (c) for requiring or authorising a local authority, before determining the question specified in paragraph (a), or (as the case may be) before making any appointment of an authorised representative, or any arrangements, in pursuance of paragraph (b), to consult any of the following, namely—

• (i) a person or persons appointed by them for the purpose, or

• (ii) a person or persons falling within any class or description specified in the regulations;

• (d) for requiring a local authority, in such circumstances as may be specified in the regulations, to review the case of a disabled person whose authorised representative has been appointed in pursuance of paragraph (b) (whether by the local authority or under any arrangements made by them) for the purpose of determining whether he is still unable to appoint a person as his authorised representative as mentioned in subsection (3)(c).

• (5) Subsections (2) to (4) shall apply, with any necessary modifications, in relation to the termination of the appointment of a person as an authorised representative as they apply in relation to the making of such an appointment.

• (6) It is hereby declared that any person exercising under Part II of the 1983 Act or Parts 5, 6 and 7 of the 2003 Act—

• (a) the functions of the nearest relative of a disabled person, or

• (b) the functions of the guardian of a disabled person received into guardianship under that Part of that Act,

may, if appointed as such in accordance with this section, also act as that person’s authorised representative.

Rights of authorised representatives of disabled persons

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• (1) A local authority shall permit the authorised representative of a disabled person, if so requested by the disabled person—

• (a) to act as the representative of the disabled person in connection with the provision by the authority of any services for him in the exercise of any of their functions under the welfare enactments, or

• (b) to accompany the disabled person (otherwise than as his representative) to any meeting or interview held by or on behalf of the authority in connection with the provision by them of any such services.

• (2) For the purpose of assisting the authorised representative of a disabled person to do any of the things mentioned in subsection (1)(a) and (b) a local authority shall, if so requested by the disabled person—

• (a) supply to the authorised representative any information, and

• (b) make available for his inspection any documents,

that the disabled person would be entitled to require the authority to supply to him or (as the case may be) to make available for his inspection.

• (3) In relation to a disabled person whose authorised representative has been appointed by virtue of subsection (3) of section 1, subsections (1) and (2) above shall each have effect as follows—

• (a) if the appointment was made by virtue of subsection (3)(a) of that section, for the words “if so requested by the disabled person” there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)”for the words “by the disabled person” there shall be substituted the words “by any person appointed by virtue of regulations made under section 1(3)(a)(i) or (ii) of this Act”; and

• (b) if the appointment was made by virtue of subsection (3)(b) or (c) of that section, the words “if so requested by the disabled person” shall be omitted.

• (4) A local authority shall not be required by virtue of subsection (1) or (2)—

• (a) to permit an authorised representative to be present at any meeting or interview or part of a meeting or interview, or

• (b) to supply any information to an authorised representative or to make any documents available for the inspection of an authorised representative,

if the authority are satisfied that to do so would be likely to be harmful to the interests of the disabled person by whom or on whose behalf the representative has been appointed; and in determining that matter the authority shall have regard to any wishes expressed by the disabled person.

• (5) Where a disabled person is residing—

• (a) in hospital accommodation provided pursuant to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 or provided by the Welsh Ministers under section 3(1)(a) of the National Health Service (Wales) Act 2006, by the Secretary of State under section 2A or 2B of the National Health Service Act 2006, ... by a National Health Service Trust established under that Act or the National Health Service (Wales) Act 2006 or by an NHS foundation trust or, in Scotland, in hospital accommodation (other than accommodation at a State hospital) provided by the Secretary of State under section 36(1)(a) of the 1978 Act or by a National Health Service trust established under that Act, or

• (aa) in hospital accommodation in respect of the provision of which direct payments are made under section 12A(1) of the National Health Service Act 2006, or

• (ab) in hospital accommodation in Wales or in England in respect of the provision of which direct payments are made under section 10B(1) of the National Health Service (Wales) Act 2006, or

• (b) in accommodation provided by a local authority under Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014 or Schedule 8 to the 1977 Act or, in Scotland, under Part IV of the 1968 Act or section 25 of the 2003 Act, or

• (bb) in accommodation provided by or on behalf of a local authority under Part III of the Children Act 1989 , or under Part 6 of the Social Services and Well-being (Wales) Act 2014, or

• (bc) in Scotland, in accommodation provided by or on behalf of a local authority under Chapter 1 of Part II of the Children (Scotland) Act 1995, or

• (c) in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under Part 1 of the Care Act 2014 or, in Wales, in compliance with a local authority’s duty to meet the needs of the disabled person pursuant to Part 4 of the Social Services and Well-being (Wales) Act 2014 or, in Scotland, provided by a voluntary organisation or other persons in accordance with arrangements made by a local authority under section 59(2)(c) of the 1968 Act, or

• (cc) in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under section 17 of the Children Act 1989 , or under Part 4 of the Social Services and Well-being (Wales) Act 2014, or

• (d) in England, in a care home within the meaning of the Care Standards Act 2000 or, in Scotland, in provided by a care home service within the meaning of the Regulation of Care (Scotland) Act 2001 (asp 8), or

• (da) in Wales, in premises at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over, or

• (dd) in accommodation provided by any educational establishment.

• (e) at any place specified by a person having the guardianship of the disabled person under Part II of the 1983 Act or Parts 5, 6 and 7 of the 2003 Act,

the disabled person’s authorised representative may at any reasonable time visit him there and interview him in private.

• (6) In paragraph (c) of subsection (5) “voluntary organisation” in relation to England and Wales includes a housing association within the meaning of the Housing Associations Act 1985.

• (7) The Secretary of State may, after consulting such bodies representing health authorities or local authorities as appear to him to be appropriate and such other bodies as appear to him to be concerned, provide by order for any of the preceding provisions of this section to have effect (with such modifications as may be prescribed by the order) in relation to—

• (a) the provision of services , or the arrangement for the provision of services, by health authorities in the exercise of such of their functions under the 2006 Act or the National Health Service (Wales) Act 2006 or the 1978 Act as may be prescribed by the order, or

• (b) the provision of services by local authorities in the exercise of such of their functions as may be so prescribed.

• (8) An order under subsection (7) may provide for any provision of regulations made under section 1 to have effect for the purposes of the order with such modifications as may be prescribed by the order, and in that event the reference in subsection (1) of that section to regulations made under that section shall be read as a reference to any such regulations as they have effect in accordance with the order.

• (9) In subsection (7)—

• “health authority”—in relation to England, means NHS England , an integrated care board or ... a Special Health Authority ...,in relation to Wales, means a Local Health Board or a Special Health Authority, andin relation to Scotland, means a Health Board; and

• “local authority”—in relation to England and Wales, has the meaning given by section 270(1) of the Local Government Act 1972; andin relation to Scotland, means a council constituted under the Local Government (etc.) Scotland Act 1994.

Assessment by local authorities of needs of disabled persons

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• (1) Where—

• (a) on any assessment carried out by them in pursuance of any provision of this Act, or

• (b) on any other occasion,

it falls to a local authority in ... Scotland to decide whether the needs of a disabled person call for the provision by the authority (in accordance with any of the welfare enactments) of any statutory services for that person, the authority shall afford an opportunity to the disabled person or his authorised representative to make, within such reasonable period as the authority may allow for the purpose, representations to an officer of the authority as to any needs of the disabled person calling for the provision by the authority (in accordance with any of those enactments) of any statutory services for him.

• (2) Where any such representations have been made to a local authority in accordance with subsection (1) or the period mentioned in that subsection has expired without any such representations being made, and the authority have reached a decision on the question referred to in that subsection (having taken into account any representations made as mentioned above), the authority shall, if so requested by the disabled person or his authorised representative, supply the person making the request with a written statement—

• (a) either specifying—

• (i) any needs of the disabled person which in the opinion of the authority call for the provision by them of any statutory services, and

• (ii) in the case of each such need, the statutory services that they propose to provide to meet that need,

or stating that, in their opinion, the disabled person has no needs calling for the provision by them of any such services; and

• (b) giving an explanation of their decision; and

• (c) containing particulars of the right of the disabled person or his authorised representative to make representations with respect to the statement under subsection (4).

• (3) Where the local authority do not propose to provide any statutory services to meet a particular need identified in any representations under subsection (1), any statement supplied under subsection (2) must state that fact together with the reasons why the authority do not propose to provide any such services.

• (4) If the disabled person or his authorised representative is dissatisfied with any matter included in the statement supplied under subsection (2), that person may, within such reasonable period as the authority may allow for the purpose, make representations to an officer of the authority with respect to that matter.

• (5) Where any such representations have been made to the authority in accordance with subsection (4), the authority shall—

• (a) consider (or, as the case may be, reconsider) whether any, and (if so) what, statutory services should be provided by them for the disabled person to meet any need identified in the representations; and

• (b) inform the disabled person or his authorised representative in writing of their decision on that question and their reasons for that decision.

• (6) Where—

• (a) the disabled person or his authorised representative is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, or

• (b) both of those persons are in that position (whether by reason of the same incapacity or not),

the local authority shall provide such services as, in their opinion, are necessary to ensure that any such incapacity does not—

• (i) prevent the authority from discharging their functions under this section in relation to the disabled person, or

• (ii) prevent the making of representations under this section by or on behalf of that person.

• (7) In determining whether they are required to provide any services under subsection (6) to meet any need of the disabled person or his authorised representative, and (if so) what those services should be, the local authority shall have regard to any views expressed by either of those persons as to the necessity for any such services or (as appropriate) to any views so expressed as the services which should be so provided.

• (8) In this section “representations” means representations made orally or in writing (or both).

Services under s. 2 of the 1970 Act: duty to consider needs of disabled persons

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• (1) When requested to do so by—

• (a) a disabled person,

• (b) his authorised representative, or

• (c) any person who provides care for him in the circumstances mentioned in section 8,

a local authority in England shall decide whether the needs of the disabled person call for the provision by the authority of any services in accordance with section 2(4) of the 1970 Act (provision of welfare services).

• (2) ... This section applies only if the disabled person is aged under 18.

Disabled persons leaving special education

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• (1) Where—

• (a) a local authority in England have made a statement under section 7 of the Education Act 1981 section 168 of the Education Act 1993 or section 324 of the Education Act 1996 (statement of child’s educational needs) , or have maintained an EHC plan under section 37 of the Children and Families Act 2014, in respect of a child ... and

• (b) the statement or plan is still maintained by the authority at whichever is the earlier of the following times, namely—

• (i) the time when they institute a review of the statement or plan prescribed for the purposes of this paragraph, and

• (ii) any time falling after they have carried out the review prescribed for the purposes of sub-paragraph (i) when they institute a re-assessment of his educational needs,