The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

Right of beneficiary to control manner in which services are provided

11.—(1) Where outcomes have been agreed with P, the responsible authority must in preparing the support plan give effect to any request by P as to the manner in which any services are to be provided for the purpose of securing those outcomes.

(2) Paragraph (1) does not require the responsible authority to give effect to P’s request if and to the extent that it appears to the responsible authority that one or more of the following apply—

(a) it is not reasonably practicable to provide the services in the manner requested by P;

(b) the provision of the services in the manner requested by P would not secure the agreed outcomes;

(c) the level of funding specified in the plan is not sufficient to give effect to the request.

(3) Where the responsible authority refuses any request in reliance on paragraph (2), the authority must provide P with a written statement of the reasons for the refusal.