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6<br />

in Northern Ireland designed to promote the welfare of the people<br />

of Northern Ireland. There is no specific mention of disability in the<br />

Order.<br />

The next legislation to address the needs of disabled people was the<br />

Chronically Sick and Disabled Persons (NI) Act 1978 which made it a<br />

mandatory function of HSS Boards to ensure that they were<br />

adequately informed of the numbers and needs of handicapped<br />

persons in their area. The Act required Boards to publish information,<br />

make arrangements for social services to meet the needs of disabled<br />

people, including practical assistance in the home, transport<br />

arrangements, home adaptations, holidays and help obtaining a<br />

telephone. This was amended by the Disabled Person's Act (NI) 1989<br />

which further required Boards to identify the needs of school leavers<br />

with disabilities and provide appropriate services. The Disabled<br />

Persons Act gave people with disabilities rights to representation,<br />

assessment, information and counselling. The Act also gave carers of<br />

disabled people the right to an assessment of their ability to care to<br />

be taken into account and the right to ask for an assessment of the<br />

needs of the disabled person.<br />

Strictly not a welfare provision, but with important implications for<br />

the provision of social care services, the Disability Discrimination Act<br />

1995 stated that disabled people must not be discriminated against<br />

by those providing goods, facilities or services. A failure by a Trust to<br />

provide a service to disabled children could therefore be considered<br />

to be discriminatory.<br />

The Carers and Direct Payments Act (NI) 2001 which is about to be<br />

implemented gives HSS Boards and Trusts the power to make direct<br />

payments to people with parental responsibility for disabled children<br />

so that the child can access mainstream services and leisure activities.<br />

The Act also extends direct payments to 16 and 17 year old disabled<br />

children where they intend to leave home to go into further or<br />

higher education. Children and their families now have an enhanced<br />

choice of services and for the first time, autonomy in choosing the<br />

type of service they wish to receive.<br />

50 YEARS OF CHILD CARE IN NORTHERN IRELAND<br />

127

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