Independent Lives has created guidance based on real-life scenarios that disabled people commonly experience. The guidance is intended to enable you to assert your rights and to help you to navigate through law and legislation.
It is specifically written about adult services and is for guidance only.
If you need legal advice, please contact a legal service.
Scenario: ‘I am unable to leave my home as my budget does not cover the cost of a Personal Assistant (PA) to support me’
Under Article 8 of the Human Rights Act (1998) you have the right to a private and family life. This includes freedom of religion, freedom of expression, freedom of association and the right to respect of property. The Human Rights Act set out the right to a private life that includes the importance of personal dignity and autonomy and the public and private interactions of others.
Under Article 23 of the United Nations Convention on the Rights of People with Disabilities you have the right to ‘Respect for the family and home’.
In this scenario, both mean that you have the right to be supported to be able to participate in all aspects of your social life and under the Human Rights Act (1998) this is enshrined in law.
If this support is not included in your Care and Support Plan then you can ask to be re-assessed.
Watch a video on what a good Care and Support Plan should look like (Credit: Helen Sanderson Associates)
What can you do to change your situation?
An Advocate may be able to help if you feel you need impartial advice and support: to understand relevant information; retain information; use or weigh up information and to communicate your views, wishes and feelings. You have the right to an Advocate, and can request links to an advocacy service.
The advocacy duty applies from the point of first contact with the local authority and at any subsequent stage of the assessment, planning, care review, safeguarding enquiry or safeguarding adult review.
The Advocate will be able to help you make an informed choice about the care and support needs that you have, speak on your behalf, support you so that your voice is heard and ensure that your support plan is drafted properly.
Finding an advocacy service