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Enforceable right

An ‘enforceable right’ is when a person has a right to something in law. They can ask the court to make sure they get it. In other words, it is a right someone can ask the courts to apply or impose.

Enforceable rights usually relate to something very specific. For example, family and friends carers have a right to be paid a fostering allowance. That allowance should be paid at the same local rate as an unrelated foster carer.

If a disabled child is assessed as needing help under the Chronically Sick and Disabled Persons Act 1970, they have an enforceable right to receive that help. The local authority can decide what the most cost-effective way to provide it is, but the help must be provided.

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