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Community Care (Relevant Legislation and Policy (Health and Personal…
Community Care
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Human Right implications
Article 8 - Right to respect for privacy, family life
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Article 3 - Prohibition of torture, inhuman or degrading treatment
Assessment of need
Section 4 sets out that a person with a disability who requests an assessment is entitled to be assessed for services (under section 2)
Under the Children (NI) Order 1995, Article 17 and 18, Trusts are under a duty to identify children in need and to assess their needs
Article 15 requires the Trust to make individual assessment of needs in appropriate cases, extending the duty to any person within the knowledge of DHSSPS who might be seen to benefit from such enquiries
Meeting assessed needs
If there is a statutory duty, the Trust cannot refuse to meet an assessed need on grounds of lack of resources. Trusts can only take their available resources into account during the assessment process when deciding whether a need exists
Where there is simply a power to provide a service, the Trust is able to exercise its discretion
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The United Nations Convention on the Rights of Persons with Disabilities, 2006
Principles
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Participation - people with disabilities have the same right to participation in society as everyone else
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Equality of opportunity - people with disabilities should have the same opportunities as everyone else
Inclusion - people with disabilities have the same right to be fully included in society as anyone else
Access - people with disabilities should have access to all buildings, facilities and services
Community Care Services
There is no definition of the term 'community care' in law (NI) but it is the provision of health and social care
Examples
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Placement in hostels, residential or nursing homes
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