Day 3: Twelve Days of Christmas #LBBill

Day 3 of the #LBBill Twelve Days of Christmas and we’d like to start with a huge thank you to those of you who have joined the discussion. We’ve seen some edits on the feedback pages here (go ahead, all welcome, add your own comment at the bottom of the document rather than editing other people’s if you prefer). There has also been ongoing discussion on facebook, twitter, the blogposts here and by email. So thank you all.

Please note if you send us other people’s details or contact information we won’t make the blog comments public (but they are all read… thanks Don). Please take the time to explain why your thoughts relate to the Bill or the relevant Clause clearly, what is obvious to you may not be to any other reader. Please also reply on specific clause pages where possible.

Today we move onto Clause 2. We have an audio introduction to the clause with easy-read images:

Clause 2 deals with a very specific problem. We know of cases where a Local Authority or NHS body is refusing to provide a disabled person with the care they need at home on the basis that they could provide the same care more cheaply in a residential setting. We think this is wrong, and we also think the Department for Health would agree with us.

However, not every Local Authority or NHS body seems to accept this, so we think we need the law to spell it out. Clause 2 would prevent the cost of residential care being taken into account at all when deciding what level of care to provide for someone at home. It seems to us this is obviously a good idea. Do you agree? Have we missed something?

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Day 2: Twelve Days of Christmas #LBBill

Over the Twelve Days of Christmas we’ll send you an email each day asking for your thoughts, comments or feedback. We will focus on one element of the proposed #LBBill, or our journey together so far, each day.

We understand some of you may not wish to receive the daily Twelve Days of Christmas emails, that’s ok, you can unsubscribe at the bottom of this email, and don’t worry you’ll still remain a supporter of the LB Bill and get occasional updates.
It’s the second day of Christmas today and so we’re moving onto the detail of the #LBBill and Clause 1, which is all about starting with a clear principle. We have a 90 second audio introduction to Clause 1 with easy-read images:

As it stands Clause 1 tells Local Authorities and NHS bodies they have to think about the need for disabled people to be fully included in their community, in everything they do. The duty on the state bodies is to have ‘due regard’ to this principle. This is the approach adopted in the public sector equality duty (Equality Act 2010 Section 149) which has made a real impact in the courts. What we’re not sure about is whether it has made as much impact on the ground in terms of practice? Also, whether this principle is clear enough?

Since we published the first #LBBill draft, some people have said that the Bill should start with the words of Article 19 of the UN Convention on the Rights of Persons With Disabilities, which is headed ‘Living independently and being included in the community’. We think that seems like a good idea – do you?

You can let us know what you think on twitter, on facebook, by email, or direct on the Feedback area of the LBBill website here. We’ll be back tomorrow with Clause 2.