Community equipment services

1
Community equipment services

• Michael Mandelstam
• For ADSS Disability Network
• 23rd June 2006
• Llandrindod Wells

2
Community Equipment Services

• Why are they important?
• Independence
• Safety
• Discharging legal obligations
• Saving money
• Meeting performance targets

3
Legal obligations

• Health and welfare provision
• Local authority social services
• Chronically Sick and Disabled Persons Act
• Local authority housing
• Housing Grants, Constr/Regen Act 1996
• National health service
• National Health Service Act 1977

4
Legal obligations health/safety

• Health and Safety at Work Act 1974
• LOLER 1998
• PUWER 1998
• Management of HS at Work Regs 1999
• Manual Handling Operations Regs 1992
• Employees, also non-employees
• Common law of negligence/duty of care

5
Human rights/discrimination

• Human Rights Act 1998
• Article 3 inhuman/degrading treatment
• Article 8 right to respect private life
• Disability Discrimination Act 1995
• Provision of good and services to public
• Landlords permission for adaptations
• Landlords reasonable adjustments

6
Practice

• Blanket policies
• We dont do..
• Consonant with needs assessment?
• Fettering of discretion? (Legal principle)
• Cost-effective?

7
Money and resources

• We dont have the money/resources
• What is the legal duty?
• What is the most cost-effective solution?
• Is lack of money the answer to everything?

8
Round and round

• Joint working
• Social services we dont do.
• Housing neither do we
• NHS we certainly dont

9
Risk taking

• Is equipment to eliminate risk?
• Is it to help people take risks?
• Should people be helped to take risks?
• What are the legal ramifications?
• Risk, costs, benefit balancing them out