Legislation in Relation to Learning Disabilities

The Equality Act 2010

The Equality Act 2010 merged many individual pieces of legislation into one. It legally protects people from discrimination based on ‘protected characteristics’, one of which is disability.
The Act states that a person with a learning disability has the right not to be discriminated against, both in employment and other areas. This includes the provision of services and public functions, education, associations, and transport.
‘Reasonable adjustments’ must be made to ensure people with disabilities are not put at a disadvantage. These may include modifications to a physical environment or changes in policy.

The Mental Capacity Act 2005 is crucial in protecting individuals with learning disabilities. This law presumes individuals have the capacity to make their own decisions until the opposite is proven.
A person with a learning disability has the right to make their own decisions as far as they are able, and must be given appropriate support to do so.
If an individual is assessed as lacking appropriate decision-making capacities for a specific decision, the decision must be made in their ‘best interests’.

The Care Act 2014 places a legal duty on local authorities to evaluate individual situations and, if necessary, provide support for people with disabilities including learning disabilities.
The assessment should consider what impact the person’s needs have on their wellbeing and the outcomes they want to achieve.
If the person with a learning disability has a carer, the local authority must also assess the carer’s needs.

The Human Rights Act 1998 guarantees everyone the right to freedom from inhumane and degrading treatment, respect for private and family life, and nondiscrimination.
These rights are especially important for people with learning disabilities, ensuring they are treated with the respect and dignity they deserve.
As per this act, public bodies such as hospitals, government departments, and schools must respect these rights.

The Children and Families Act 2014 promotes better cooperation between the necessary agencies, such as the local authority, education, health and care providers.
This act aims to transform the system for children and young people with special educational needs (SEN), including those with learning disabilities.
Education, Health and Care (EHC) Plan is a key part of this Act. It is a legally binding document that details the education, health and social care support being provided to a child or young person under 25 with special educational needs.
Under this Act, parents and young people with learning disabilities can make informed decisions about things like health and care services and treatments.