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Health and Social Care (Independent Living) Bill [HL]

To impose duties upon certain persons and bodies in respect of disabled persons; to confer certain rights upon disabled persons for independent living; to amend the Mental Health Act 1983; to amend the Health and Social Care Act 2008; and for connected purposes.

What this bill does

The purpose of the Health and Social Care (Independent Living) Bill is to create the conditions in which disabled people can live independent lives, and enjoy the same choice, freedom, dignity, control and substantive opportunities as persons who are not disabled, at home, work and as members of the community. In particular, the Bill seeks to enable people with disabilities to make decisions about what care and assistance they receive, and about their living arrangements, by providing rights and entitlements to independent living. Lord Ashley of Stoke has tabled this Bill, under the title of Disabled Persons (Independent Living) Bill, in the previous three parliamentary sessions, most recently on 9 December 2008. Key areas A duty would be placed on local authorities to ensure the appropriate levels of support, advocacy, accommodation and employment opportunities are available to disabled people in their area.NHS services would have to ensure the appropriate levels of support, rehabilitation and palliative care services are available to disabled people.Local authorities and NHS bodies would have to co-operate to provide integrated services.A national independent living implementation plan and local independent living strategies would have to be established.Local authorities and NHS bodies would have to maintain registers of disabled people in their areas.The right for all disabled people to self-directed assessments of their requirements concerning any assistance, support, associated treatment, therapy, health or personal care, or skills training that they might need to live independent lives would be established.A duty would be placed on responsible authorities to allocate individual budgets to disabled people, to be allocated, used and controlled in a manner of that person’s choosing.No disabled person should be placed in a care establishment against their wishes, and should they wish to live in such an establishment it will be one of their choosing.The Mental Health Act 1983 would be amended to ensure independent living options are investigated before authorities decide to section or provide compulsory treatment. Local housing authorities would have to provide disabled people with accessible and affordable homes.

Originating House

House of Lords

Parliament last updated

8 April 2010

In Plain English

AI-generated

May contain errors — check source documents for definitive information.

The Health and Social Care (Independent Living) Bill would require local authorities and the NHS to support disabled people to live independently, giving them rights to decide their own care and living arrangements and to have budgets managed by them. It also makes related changes to housing and the Mental Health Act to promote independent living and ensure people are not placed in care against their wishes.

Key Points

  • Duties on local authorities to provide support, advocacy, accommodation and employment opportunities for disabled people
  • NHS services must ensure rehabilitation and palliative care and work with authorities to deliver integrated services
  • National and local independent living plans/strategies and registers of disabled people
  • Right to self-directed assessments and individual budgets controlled by the person
  • No disabled person should be placed in a care establishment against their wishes; housing authorities to provide accessible and affordable homes; Mental Health Act amended to consider independent living options before detention

Progress

The bill is currently in the Lords, at the second reading stage, having originated there; it has already had its first reading in 2009.

Who is affected?

Disabled peopleTheir families and carersLocal authoritiesNHS bodies/servicesLocal housing authorities and housing providersCare providers and care establishments

Generated 21 February 2026

Bill Stages

1st readingLords

23 Nov 2009

2nd readingLords
Committee stageLords
Report stageLords
3rd readingLords
1st readingCommons
2nd readingCommons
Committee stageCommons
Report stageCommons
3rd readingCommons
Royal Assent

Updates & Documents

News (1)

News - Health and Social Care (Independent Living)

1 Jan 1970
First reading took place on 23 November. This stage is a formality that signals the start of the Bill's journey through the Lords.

The 2009-10 session of parliament has prorogued and this Bill will make no further progress.

Documents (1)

HL Bill 19 09-10 (as introduced)
BillLords
24 Nov 2009

Parliamentary Votes (0)

No recorded votes for this bill yet.