Rights and responsibilities: Fair treatment for adults with learning disabilities

This leaflet discusses fair treatment for adults with learning disabilities. It set out to see if the Disability Discrimination Act (1995) had helped service providers to treat people with learning disabilities fairly

Rights and responsibilities: The Disability Discrimination Act (1995) and adults with learning disabilities

The purpose of this research is to examine Part III (access to goods, facilities and services) of the Disability Discrimination Act (DDA) 1995 in relation to people with learning disabilities. Very little previous research has been done on this topic. The study aims, firstly, to explore how far people with learning disabilities, family carers and service providers are aware of their rights and responsibilities under the Act; secondly, to examine what legal action has been taken by people with learning disabilities and thirdly, to identify any barriers associated with the Act and how these might be overcome

Taking service providers to court: people with learning disabilities and Part III of the Disability Discrimination Act 1995

Despite evidence of poor service provision for people with learning disabilities in the UK (e.g. DRC, Code of practice. Rights of access: services to the public, public authority functions, private clubs and premises. London: The Stationery Office, 2006; Sloan, J Inform Law Tech [electronic journal], 2001), very little use has been made of Part III (Goods, Facilities and Services) of the Disability Discrimination Act 1995 by people with learning disabilities (personal communication, Disability Rights Commission Conciliation Management Unit). Difficulties faced by individuals who might consider pursuing a claim against a service provider are well-documented and include stress, time and financial constraints (Crit Soc Policy, 20: 533-549, 2000). Once a complaint has been made or a claim lodged other legislative barriers can make it difficult to pursue a case (Industr Law J, 32: 164-184, 2003). The aim of this article is to investigate the effectiveness of legislative use of Part III of the Disability Discrimination Act 1995 in promoting equality for people with learning disabilities. Effectiveness will be gauged through analysis of the legal process engaged in by two people with learning disabilities who made claims against service providers under Part III of this Act

Primary school initiatives for pupils with personal and social development needs

The Scottish Government has highlighted the important role of personal and social development in primary education to promote the social inclusion of children who have poor life experiences (Scottish Office, 1999a). HMIE reports however suggest that there are few opportunities in primary schools in Scotland for pupils with social difficulties to develop personal and social skills (HMIE, 1999, 2001a, 2001b). This study explored the historical development of provision for personal and social development in primary education in Scotland, and carried out a survey of current perceptions and provision for pupils with personal and social needs in primary schools in Scotland. Following this, an investigation of the organisation and impact of three personal and social development initiatives for pupils with personal and social difficulties was carried out. Results of the historical review revealed that in the 1960s teaching methods became increasingly child-centred but it was not until later, in the 1980s, that personal and social development became part of the school curriculum. Results of the survey of primary schools showed that schools introduced a range of personal and social development initiatives but that few of these were intended to specifically meet the needs of individuals with personal and social difficulties. The investigation of three initiatives for pupils with personal and social difficulties revealed that initiatives were generally valued by staff, pupils and parents in those schools and that initiatives had a positive impact on a number of personal and social development factors, such as self-esteem

An in-depth examination of the implementation of the Disability Equality Duty - Executive Summary. A research report for the Office for Disability Issues

In 2007 the Office for Disability Issues commissioned this seven-month study to examine the implementation of the Disability Equality Duty (DED) in England. The research was conducted by teams from the universities of Glasgow and Strathclyde. The full report is available at www.officefordisability.gov.u

Designing with Care - Interior Design and Residential Child Care Final Report

This exploratory study examined the attitudes to a range of design interventions in four residential care homes for children in South Lanarkshire. The project set out to identify the benefits and disadvantages to young people and staff of a change in approach to the design of interior spaces. It was undertaken by Farm7 (specialists in design research and consultancy) and the Scottish Institute for Residential Child Care (SIRCC). The main focus of the research was to evaluate design interventions aimed at removing 'institutional' approaches to design in the care environment and improving the experience of looked after children. This involved the commissioning of interior design consultants Graven Images in the development and design of South Lanarkshire's residential children's homes. Post-occupancy evaluation of the four residential homes was undertaken with the participation of both looked after children and staff. It was envisaged that this study would contribute to the development of design guidance that will promote a more systematic approach to the design of care environments. This will allow social work and design professionals to draw on a design framework in order to significantly enhance the experience of looked after children and staff

Residential child care qualifications audit 2007

In recent years there has been a drive to develop a fully qualified residential child care sector in Scotland. In 2003 the Scottish Social Services Council (SSSC) announced the baseline qualifications for residential child care staff and set down a target for attaining it. This qualifications framework was subsequently reviewed and expanded in 2004. The Scottish Institute for Residential Child Care (SIRCC), commissioned by the Scottish Executive, has previously undertaken two inquiries into the qualification levels of the residential child care workforce in Scotland. The first Qualifications Audit (Frondigoun, Maclean, Hosie & Kendrick, 2002) was undertaken before the SSSC’s initial qualification framework was known and the second (Hunter, Hosie, Davidson & Kendrick, 2004) was based on it. The previous qualifications audit (Hunter et al., 2004) reported that 18% of residential child care staff were fully qualified in accordance with the SSSC’s qualification criteria (SSSC, 2004). The report forecast that the number of fully qualified staff would rise to 29.1% if all qualifications being undertaken were achieved. The purpose of this current audit is to determine whether levels of qualified staff have risen and to identify qualification trends throughout the residential child care sector in Scotland

Child protection and the needs and rights of disabled children and young people: A scoping study

Child abuse, as defined by the NSPCC, refers to ''behaviour that causes significant harm to a child. It also includes when someone knowingly fails to prevent serious harm to a child' (see http://www.child-to-child.org/about/childprotection.htm). The four types of abuse included in this study are physical, emotional, sexual abuse and neglect. The World Health Organisation treats maltreatment, a word used in the US, as synonymous with abuse. Child protection, as defined by the voluntary agency Child-to-Child, is 'a broad term to describe philosophies, policies, standards, guidelines and procedures to protect children from both intentional and unintentional harm' (see http://www.child-tochild. org/about/childprotection.htm). This term is still used in Scotland and N Ireland and is the one we use most in this report. England and Wales use the term safeguarding, which perhaps implies the inclusion of early intervention and preventative practice. Finally, in referring to disabled children we include young people aged 0-18 with physical, sensory, learning or communication impairments or mental distress. This was a scoping study which aimed to lay the groundwork for a larger piece of research

Measuring Children and Young People's Outcomes in Residential Education

This study evaluates an outcomes framework consisting of a bank of outcomes, a set of tools and associated processes specifically developed by the Educating through Care Scotland (EtCS) group for use by residential providers of education and care. A group of 11 providers piloted the framework over an 18-month period. These providers met regularly to share learning and there was further input from four secure care providers with growing experience of using outcomes. The study was conducted using a range of different methods to collect data throughout the pilot process and drew on a wide range of perspectives including workers, managers, children and young people and commissioners. The report details the background and context of the pilot, the methods used in the study and the key findings. These cover the pilot process itself, the individual parts of the framework and various issues that arose as the providers tested and developed the framework. The report also draws out a number of wider learning points which may be of interest to others developing or implementing outcomes approaches

An in-depth examination of the implementation of the Disability Equality Duty in England

This seven-month study examined the implementation of the Disability Equality Duty (DED) in England. The DED, introduced through the Disability Discrimination Act 2005, applies to public authorities in England, Wales and Scotland