Addendum principles of working with individuals with learning disabilities
- 1. Addendum Level 2 Certificate in Principles of Working with Individuals with Learning Disabilities Distance Learning CHC (2019)
- 2. 2 Distance Learning CHC (2019) Legislation Course Material Scottish Equivalent Legislation and policies to promote human rights, inclusion, equal life chances and citizenship Part A Unit 1 Pg. 4 Human Rights Act 1998 Scotland Act 1998 http://www.legislation.gov.uk/ukpga/1998/46/contents Human rights is a subject devolved to Scotland by the Scotland Act 1998. The Scottish Parliament also has the competence to observe and implement international human rights treaties and works within that legal framework. The sample principles apply to individuals with learning disabilities as those in the Human Rights Act. Part A Unit 1 Pg. 4 Mental Capacity Act 2005 Pg. 5 Mental Health Act 2007 Mental Health (Care and Treatment) (Scotland) Act 2003 https://www.legislation.gov.uk/asp/2003/13/contents This legislation applies to people who have a mental illness, learning disability or related condition. Usually when patients are unwell, they consent to their assessment and treatment. However, in some cases when someone is mentally unwell and unwilling or unable to consent, it is necessary to intervene. The Mental Health Act sets out when and how patients can be treated if they have a mental disorder, when they can be treated and taken into hospital against their will, and how their rights are protected. Adults with Incapacity (Scotland) Act 2000 https://www.legislation.gov.uk/asp/2000/4/contents This is an important piece of Scottish legislation that provides a legal framework to safeguard the welfare and manage the finances of adults, aged 16 and over, who lack capacity due to mental illness, learning disability or a related condition, or due to an inability to communicate. The main care groups covered by the Act include people with dementia, people with a learning disability, people with an acquired brain injury, people with severe and long-term mental illness, and people with a severe sensory impairment. Part 5 of the Act is important in relation to medical treatment and allows treatment to be given that safeguards or promotes the physical or mental health of an adult who is unable to consent.
- 3. 3 Distance Learning CHC (2019) Mental Health (Care and Treatment) (Scotland) Act (2015) https://www.mwcscot.org.uk/the-law/mental-health-act/ The Act sets out when and how people can be treated if they have a mental disorder and when they can be treated or taken into hospital against their will. The legislation also states what a person’s rights are, and the safeguards which ensure that these rights are protected. Part A Unit 1 Pg. 5 Safeguarding Vulnerable Groups Act 2006 Protection of Vulnerable Groups (Scotland) Act 2007 https://www.legislation.gov.uk/asp/2007/14/contents The PVG Act came into effect on 28th February 2011 and brings the protection of children and protected adults into one vetting and barring ‘PVG scheme’, whereby individuals with a known history of harm can be prevented from working with children and/or protected adults – introducing the concept of ‘regulated work’. The PVG scheme is administered by Disclosure Scotland. Part A Unit 1 Pg. 7 Care Act 2014 Community Care and Health (Scotland) Act 2002 https://www.legislation.gov.uk/asp/2002/5/contents This Act of Scottish Parliament is in four parts. Part 1 covers community care, which includes charging and not charging for social care, accommodation, direct payments and carers. Part 2 looks at joint working and relationships between NHS bodies and local authorities. Part 3 relates to health, specifically Health Boards’ Lists. Part 4 is a general section outlining regulations, guidance and directions. Regulation of Care (Scotland) Act 2001 http://www.legislation.gov.uk/asp/2001/8/contents An Act of the Scottish Parliament to establish the Scottish Commission for the Regulation of Care and the Scottish Social Services Council; to make provision for the registration and regulation of care services and for the registration, regulation and training of social service workers; to enable local authorities to make grants in respect of activities relating to child care and family support, and to make direct payments to children in respect of certain care services; to enable the Scottish Ministers to delegate the power to make certain grants and loans for social work; to make further provision in regard to payments by local authorities towards the maintenance of certain children residing with and being cared for by persons other than their parents; to enable local authorities to provide and maintain residential accommodation in which nursing is provided; to make further provision in regard to persons who have been looked after by local authorities; to amend the definition
- 4. 4 Distance Learning CHC (2019) of “place of safety” in the Children (Scotland) Act 1995; to make further provision as respects the appointment for children of curators ad litem, reporting officers and safeguarders; as well as for connected purposes. Part A Unit 1 Pg. 30 Statutory Advocacy Mental Capacity Act 2005 Mental Health Act 2007 Adults with Incapacity (Scotland) Act 2000 http://www.gov.scot/Publications/2008/03/25120154/1 The Act introduced a system for safeguarding the welfare and managing the finances and property of adults (aged 16 and over) who lack the capacity to act or make some or all decisions for themselves because of mental disorder or an inability to communicate due to a physical condition. It allows other people to make decisions on behalf of these adults, subject to safeguards. The main groups who benefit include people with dementia, people with a learning disability, people with an acquired brain injury, people with a severe and chronic mental illness, and people with a severe sensory impairment. Mental Health (Care and Treatment) (Scotland) Act 2003 http://www.legislation.gov.uk/asp/2003/13/contents It increases the rights and protection of people with mental disorders, which is a term that encompasses: • Mental illness • Learning disability • Personality disorder. The Act places duties on local councils to provide care and support services for people with mental disorders. It introduced changes to develop community-based mental health services, involvement of service users and unpaid carers in decisions concerning treatment, and respect for the human rights of people with mental disorders. The provisions of this Act are intended to ensure that care and compulsory measures of detention can be used only when there is a significant risk to the safety or welfare of the patient or other people.
- 5. 5 Distance Learning CHC (2019) Part A Unit 2 Pg. 78 Legislation and national policies (safeguarding and protection) The Care Act 2014 The Regulation of Care (Scotland) Act 2001 http://www.legislation.gov.uk/asp/2001/8/contents The central purpose of regulating care is the protection of people using care services, particularly vulnerable adults and children. It will be essential that the new national regulator is adequately funded to ensure it can guarantee to all those using the system the quality of care they expect. Part A Unit 2 Pg. 78 Statement of government policy on adult safeguarding, Department of Health (2011) The Adult Support and Protection (Scotland) Act 2007 http://www.legislation.gov.uk/asp/2007/10/contents The Act defines adults at risk as those aged 16 years and over who: • Are unable to safeguard their own well-being, property, rights or other interests; and • Are at risk of harm; and (because they are affected by disability, mental disorder, illness or physical or mental infirmity) • Are more vulnerable to being harmed than adults who are not so affected. It places a duty on local councils to inquire and investigate cases where harm is known or suspected. They have the power to visit and interview people, arrange medical examinations, examine records, and issue protection orders. They must also consider whether there is any need for advocacy and other services, such as help with medication or support services. Part A Unit 2 Pg. 79 The Disclosure and Barring Service (DBS) Protection of Vulnerable Groups (Scotland) Act 2007 https://www.legislation.gov.uk/asp/2007/14/contents The PVG Act came into effect on 28th February 2011 and brings the protection of children and protected adults into one vetting and barring ‘PVG scheme’, whereby individuals with a known history of harm can be prevented from working with children and/or protected adults − introducing the concept of ‘regulated work’. The PVG scheme is administered by Disclosure Scotland.
- 6. 6 Distance Learning CHC (2019) Part B Legislation and policies to promote personalisation Pgs. 8 – 10 Care Act 2014 Human Rights Act 1998 Mental Capacity Act 2005 Safeguarding Vulnerable Groups Act 2006 Mental Health Act 2007 As set out in the relevant sections above In addition: Social Care (Self-directed Support) (Scotland) Act 2013 http://www.legislation.gov.uk/asp/2013/1/contents/enacted The Act was passed in 2013 and the duties came into force in 2014. The Act places a duty on local authorities to offer people the four self-directed support options. These options allow the supported person to decide how much control they want to have over both their support and the budget. The Act contains some other duties and powers, including duties on authorities to give people information to help them make informed choices about their support, and a duty on authorities to promote a variety of support providers in their area for people to choose from. The Act is accompanied by statutory guidance and regulations and is supported by a set of best practice guidance for practitioners and carers, as well as a guide to SDS for supported people. Part B Legislation and policies to promote personalisation Pg. 10 Equality Act 2010 The Equality Act 2010 and The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (https://www.legislation.gov. uk/sdsi/2012/9780111016718/contents) require public authorities, in the exercise of their functions, to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation and other prohibited conduct. Social Work (Scotland) Act 1968 https://www.legislation.gov.uk/ukpga/1968/49/contents Scottish national guidance on self-directed support is issued under Section 5(1) of the Social Work (Scotland) Act 1968 and replaces earlier guidance on direct payments issued on 20th June 2003. Part B Legislation and policies to promote personalisation Pg. 10 Policies Learning Disabilities Policy https://www.sldo.ac.uk/about/learning-disabilities-policy/ Information about the Keys to Life, The Same as You?, Health Needs Assessment Report and other resources. The Keys to Life Implementation Framework and Priorities are explicitly aligned to the United Nations Convention on the Rights of Persons with Disabilities and direct the focus of delivery for learning disabilities policy across the following four areas: • A Healthy Life
- 7. 7 Distance Learning CHC (2019) • Choice and Control • Independence • Active Citizenship. In 2000, the Scottish Government published a wide-ranging review of learning disability support and services in Scotland. The Same as You? outlining a 10-year programme for service development that emphasises: • Citizenship and a place in the community free from harm or discrimination • Equality of access to mainstream services • Personalisation, choice and control in service delivery • Greater investment in high quality, locally-based services and support • Partnership working across agencies. The Health Needs Assessment Report 2004 is a learning disabilities Health Needs Assessment which was undertaken in order to develop the evidence base relating to the health needs of people with learning disabilities. Crucially, this report underlined that action needed to be taken to reduce the health inequalities experienced by people with learning disabilities. Part B Legislation and policies to promote positive risk-taking Pgs. 52 – 53 Human Rights Act 1998 Mental Capacity Act 2005 Mental Health Act 2007 Equality Act 2010 Care Act 2014 Policies (Valuing People) Descriptions of the relevant Scottish legislation and policies are given earlier in this document (Legislation and Policies to Promote Human Rights). The Scottish equivalent to Valuing People is the Keys to Life.
- 8. 8 Distance Learning CHC (2019) Part C Pg. 39 Legislation supporting a right-based approach Human Rights Act 1998 Mental Capacity Act 2005 Equality Act 2010 Care Act 2014 Descriptions of the relevant Scottish legislation and policies are given earlier in this document. Guidance, frameworks and other resources Course Material Scottish Equivalent Part A Unit 1 Pg. 7 Putting People First (2007) Self-Directed Support: A Review of the Barriers and Facilitators https://www.gov.scot/publications/self-directed-support-review- barriers-facilitators/pages/1/ This is a report on the published literature on the barriers and facilitators of self-directed support. It was undertaken to inform a research study funded by the Scottish Government 2009 – 2011 that was evaluating initiatives in three local authorities. These initiatives aimed to improve take up of self-directed support for people eligible for social care and other public funds. Part A Unit 1 Pg. 8 Further Research The Keys to Life https://www.scld.org.uk/the-keys-to-life/ This is Scotland’s learning disability strategy. It is a long-term strategy based on a commitment to human rights for people with learning disabilities. Launched in 2013, it builds on the success of ‘The Same as You?’, the previous strategy which was published in 2000 following a review of services for people with learning disabilities. The strategy was developed by the Scottish Government with COSLA and a wide range of statutory and third sector partners, together with people with learning disabilities and carers.
- 9. 9 Distance Learning CHC (2019) Part A Unit 1 Pg. 30 Statutory advocacy Scottish Commission for Learning Disability (SCLD) (Advocacy) https://www.scld.org.uk/what-we-do/policy-issues/advocacy/ The Keys to Life (see above) Recommendation 32 calls for SCLD to scope advocacy services in Scotland. SCLD has now carried out this scoping exercise, which aimed to establish the levels of provision of independent advocacy for people with learning disabilities across Scotland, to assess its effectiveness and impact, and to identify levels of unmet need and barriers to access. The aim was to identify effective approaches or models of provision, as well as examples of good practice. Key findings from this exercise include the following: • There appear to be substantial variations in the choices available to people with learning disabilities across different local authority areas • Many people who have had an advocate report that their involvement was beneficial • Reported benefits to having an advocate were often ‘soft outcomes’, such as feeling more confident about speaking up, feeling calmer, being listened to, having processes and rights explained, and having help to articulate views • ‘Hard outcomes’, such as having an identified problem resolved, were reported less often • There are some gaps in provision of independent advocacy, and some doubt as to whether everyone with a learning disability understands their right to access advocacy services. The report makes a number of recommendations under the following headings: • Increasing access to provision • Improving strategic planning and commissioning • Developing monitoring and evaluation practices; and • Facilitating knowledge exchange and learning. Part A Unit 1 Pg. 43 Advocacy service Scottish Independent Advocacy Alliance https://www.siaa.org.uk/ Independent advocacy is a way to help people to have a stronger voice and to have as much control as possible over their own lives. Independent advocacy organisations are separate from organisations that provide other types of services. An independent advocate will not
- 10. 10 Distance Learning CHC (2019) make decisions on behalf of the person/group they are supporting. The independent advocate helps the person/group to get the information they need to make real choices about their circumstances and supports the person/group to put their choices across to others. An independent advocate may speak on behalf of people who are unable to do so for themselves. Part A Unit 1 Pg.45 – 46 Campaign groups Enable Scotland https://www.enable.org.uk/about-us/ Enable Scotland is a charity founded in 1954 by five sets of parents with children who had learning disabilities. The charity’s focus is on working towards an equal society for every person who has a learning disability. As the largest member-led learning disability charity in Scotland, its members are the voice of the organisation. Every day, Enable Scotland: • Campaigns to end discrimination and break down the barriers that prevent people who have a learning disability from living as equal members of society • Raises funds to support families who have nowhere else to turn and create more opportunities for people who have a learning disability to make connections and be active in their communities • Provides personalised support that enables people who have a learning disability to find work, develop their skills and live the life they choose. Learning Disability Alliance Scotland http://www.ldascotland.org The Learning Disability Alliance Scotland exists to support an alliance of organisations by working with adults with learning disabilities who use their services and facilitating their active engagement in the political process. We provide a politically neutral supporting role to help people with learning disabilities to resolve matters of importance to them, their families, carers and service providers. Scottish Commission for Learning Disability (SCLD) https://www.scld.org.uk/ SCLD is the lead strategic partner to the Scottish Government in the delivery of learning disability strategy and policy. It is an intermediary organisation for the learning disability sector in Scotland, committed to finding new and better ways to improve the lives of people with learning disabilities.
- 11. 11 Distance Learning CHC (2019) Part A Pg. 65 Further Research: Safe Places Hate Crime (Scottish Commission for Learning Disability) https://www.scld.org.uk/what-we-do/policy-issues/hate-crime/ In 2017, SCLD published the report Hate Crime and Third Party Reporting Centres: A mapping and scoping exercise. The aim of this report was to ascertain whether those places listed as TRPCs on the Police Scotland website still considered themselves to be fulfilling this role, and, if so, how hate crime reporting was handled by staff. The report also sought to understand the extent to which listed TRPCs understood the differences between hate crime and gender-based violence. From 2015 to 2017, SCLD administered the Scottish Government’s Keys to Life Development Fund. As part of this process, SCLD published four ‘how to’ guides based on the four themes (Employment, Hate Crime, Parenting and Social Connectedness) under which projects were funded. The ‘How to Guide’ for the two hate crime projects (run by I Am Me and The Advocacy Project) can be found on the webpage linked to above. Part A Pg. 80 Multi-agency protection arrangements Adult Support and Protection (Scottish Government) https://www2.gov.scot/Topics/Health/Support-Social-Care/Adult- Support-Protection Webpage of the Scottish Government with links to legislation, practitioners, the policy forum and national priorities information. Part A Pg. 103 Useful websites Mental Health and Learning Disabilities (NHS Education Scotland) https://www.nes.scot.nhs.uk/education-and-training/by-theme- initiative/mental-health-and-learning-disabilities/our-work,-publications- and-resources/learning-disabilities.aspx Links to a range of educational resources about learning disabilities. Scottish Learning Disabilities Observatory https://www.sldo.ac.uk/ The Observatory has been set up to provide better information about the health and healthcare of people with learning disabilities and people with autism in Scotland. The Observatory will generate and translate information into knowledge that is designed to inform actions, practice and policy to benefit people with learning disabilities and people with autism. The Keys to Life https://www.scld.org.uk/the-keys-to-life/ This is Scotland’s learning disability strategy. It is a long-term strategy based on a commitment to human rights for people with learning disabilities. Launched in 2013, it builds on the success of ‘The Same as You?’, the previous strategy which was published in 2000 following
- 12. 12 Distance Learning CHC (2019) a review of services for people with learning disabilities. The strategy was developed by the Scottish Government with COSLA and a wide range of statutory and third sector partners, together with people with learning disabilities and carers. Turning Point Scotland http://www.turningpointscotland.com Turning Point Scotland provides person-centred support to people with learning disabilities and Autism Spectrum Conditions (ASCs) across Scotland. Learning Disability and Autism https://www2.gov.scot/Topics/Health/Support-Social-Care/Support/ Learning-Disability-Autism The Scottish Government is working to improve services for people with a learning disability through implementing the recommendations of the Same as You? (SAY) review (https://tinyurl.com/yyocv7lh), published in 2000. This review suggests that people with learning disabilities will continue to grow by over 1% a year over the next 10 years and aims to change people’s lifestyles for the better by improving the range and quality of services, and the way that agencies work together. Additional Support for Learning https://www.gov.scot/policies/schools/additional-support-for-learning/ By law, education authorities must identify, provide and review the additional support needs of their pupils which can arise in the short or long-term as a result of the learning environment, family circumstances, health, well-being needs or a disability. This webpage provides links to the relevant information, key guidance, review and more. Special Schools and Units https://education.gov.scot/parentzone/my-school/choosing-a-school/ Special%20schools%20and%20units The needs of some children and young people will be better met in specialist settings rather than in mainstream schools. It is important that the views of parents and children are taken into account when it comes to school placement and that there continues to be an element of choice in provision. Approaches differ between local authorities: some local authorities offer specialist settings within mainstream schools, whereas others have no special schools. Many special schools are among the best schools in Scotland and ensure positive outcomes for children and young people, as well as high quality support for them and their families. Excellent education is offered, with very effective leadership from head teachers and principals.
- 13. 13 Distance Learning CHC (2019) Part B Unit 3 Pgs. 2 – 7 The meaning of personalisation in social care Transforming Social Care: Scotland’s progress towards implementing self-directed support 2011-2018 https://www.gov.scot/publications/transforming-social-care-scotlands- progress-towards-implementing-self-directed-support/pages/1/ A publication that reports on the progress made towards implementing self-directed support in Scotland between 2011 and 2018. Part C Unit 5: Introductory awareness of autistic spectrum conditions Pgs. 2 – 35 Scottish Strategy for Autism (2011) http://www.gov.scot/Resource/Doc/361926/0122373.pdf This first chapter is a free-standing condensed version of the strategy with an overview of what autism is and the challenges which individuals with the condition and their families face in everyday life. It then describes how the autism strategy will address their needs over the next 10 years. Chapter 2 provides more detailed information on the issues contained in the overview for those who want to take more time to understand the issues in greater depth. It explains the context behind each of the recommendations and why these are critical to success. Part C Unit 6 Pgs. 68 – 69 Resources for accessing healthcare services Mental Welfare Commission for Scotland https://www.mwcscot.org.uk/ The MWC is an independent organisation working to safeguard the rights and welfare of everyone with a mental illness, learning disability or other mental disorder in Scotland. It publishes good practice guidance and provides advice and information about rights and best practice in relation to two laws: The Mental Health (Care & Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000. Scottish Consortium for Learning Disability (SCLD) https://www.scld.org.uk/ SCLD is a charity that is made up of 12 partner organisations who have joined together with funding from the Scottish Government to help people make the changes set out in The Same as You? The Knowledge Network: Learning Disabilities portal http://www.knowledge.scot.nhs.uk/home/portals-and-topics/learning- disabilities-portal.aspx (Website under review as of 10 March 2019) The NHS Education for Scotland’s portal provides information, resources and education for health and social care staff supporting children and adults with learning disabilities in Scotland.
- 14. 14 Distance Learning CHC (2019) Getting it right together: Learning how to confidently meet the healthcare needs of people with learning disabilities http://www.healthcareimprovementscotland.org/default. aspx?page=11863 A range of publications by Healthcare Improvement Scotland Mental Welfare Commission Guidance on General Hospital Care https://www.mwcscot.org.uk/publications/ The Mental Welfare Commission produces a range of publications, from investigations into the treatment of individuals, to good practice guides for professionals. ENABLE https://www.enable.org.uk ENABLE is the largest Scottish organisation for people with learning disabilities and their families. PAMIS http://www.pamis.org.uk/ Established in 1992 to provide support for people in Scotland with Profound and Multiple Learning Disabilities (PMLDs), their family and paid carers. Sense Scotland http://www.sensescotland.org.uk/ Offers a range of services for people whose complex support needs are caused by deafblindness or sensory impairment, physical, learning or communication difficulties. Down’s Syndrome Scotland http://www.dsscotland.org.uk/ Provides a range of services, as well as campaigning to promote the interests of people with Down’s Syndrome and their families. Scottish Independent Advocacy Alliance (SIAA) http://www.siaa.org.uk/ SIAA is committed to finding an advocate for every vulnerable person in Scotland. Association for Real Change (ARC) https://arcuk.org.uk
- 15. 15 Distance Learning CHC (2019) ARC is a forward thinking National Charity with a dedication to promoting real change in the learning disability sector. ARC supports members in a multitude of ways, including providing access to information, network meetings, training, qualifications and an enormous background of collective experience and practical knowledge applicable to everyday problems. • Its diverse community of member organisations have the opportunity to network, share good practice and get advice from each other. • It provides quality information – their Real People fortnightly email shares best practice, guidance news and information of interest • It manages innovative projects, working in partnership with funders such as Skills for Care, the Department of Health and Big Lottery Fund • It helps to build a skilled workforce, through training, City & Guilds qualifications and programmes, and providing support.