1. ASS107 Disability in Society Revision Session 8/5/13

2. 33% weighting 1 hour exam Tuesday 11 th June 2pm George Fox LT 2/3 Two sections A – short answer ‘knowledge’ questions B – two case studies

3. Who are your adult service users? National Assistance Act 1948 ‘persons who are blind, deaf or dumb and other persons who are substantially and permanently handicapped by illness, injury or congenital deformity’

4. Vulnerable adults Care Standards Act 2000 s.80 a.An adult to whom accommodation and nursing or personal care are provided in a care home b.An adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency; or c.An adult to whom prescribed services are provided by an independent hospital, clinic, medical agency or NHS body

5. Duty to assess Disabled Persons (Services, Consultation and Representation) Act 1986 S4 – disabled people have a right to request an assessment. ‘4. Section 4 of the 1986 Act accordingly makes it clear that LA have a duty to decide whether the needs of a disabled person call for the provision of services …if they are requested to do so by a disabled person (s4(a)) or by anyone who provides care to him or her (s.(c))’ (LAC (87)6)

6. NHS & Community Care Act 1990 S47(1) ‘where it appears to a local authority that any person for whom they may provide or arrange for the provision of community care services may be in need or any such services the authority- a.Shall carry out an assessment of his needs for those services; and b.Having regard to the results of that assessment, shall decide whether his needs call for the provision by them of any such services.’ Trigger for assessment obligation: -The individual’s circumstances have come to the knowledge of the authority -He or she may be in need of community care services

7. Direct Payments Legislation Original legislation Community Care (Direct Payments ) Act 1996 – enabled LA to offer DP Health and Social Care Act 2001 – requires LA to offer direct payments to eligible service users Guidance on direct payments for community care, services for carers and children's services: England 2009 http://www.dh.gov.uk/en/Publicationsandstatistics/ Publications/PublicationsPolicyAndGuidance/DH_ 104840

8. Fair Access to Care Services National eligibility criteria 2003 Fair Access to Care Services based on risks to independence over time issued under section 7(1) of the Local Authority Social Services Act 1970 Prioritising need in the context of Putting People First: a whole system approach to eligibility for social care - guidance on eligibility criteria for adult social care, England 2010 (April 2010 onwards)

9. Prioritising need in the context of Putting People First (2010) Retains 4 domains low, moderate, critical and substantial. Emphasis on universal services, prevention and community well-being. Self-funders: ‘All individuals, whether or not they are funding their own care, can benefit from effective information, signposting and support planning.’ (35)

10. Equality Act (2010) Streamlines 19 statutes into one Act In force from 1 October 2010 New public sector Equality Duty for public authorities in force in April 2011 Substantive equality (Fredman, 2002) rather than equal opportunities – having due regard for eliminating harassment and promoting equality.

11. Equality Act (2010) Definition of a disabled person (S6(1)) Disabled people are a ‘protected group’ in the Act. The Act defines a disabled person, which means that, to be protected: the person must have an impairment that is either physical or mental the impairment must have adverse effects which are substantial the substantial adverse effects must be long-term the long-term substantial adverse effects must have effects on normal day-to-day activities A person who has cancer, HIV infection or multiple sclerosis (MS) is a disabled person, protected by the Act effectively from the point of diagnosis. http://www.officefordisability.gov.uk/docs/wor/new/ea-guide.pdf

12. Protected disabled people Does the impairment has an effect on: a person’s estimation or assessment of physical danger? Includes whether the person is inclined to neglect basic functions ( eating, drinking, sleeping, keeping warm or personal hygiene ) reckless behaviour which puts the person or others at risk; or Excessive avoidance behaviour Protection conferred in education, employment and service provision

13. Exclusions Liver disease as a result of alcohol dependency would count as an impairment, although an addiction to alcohol itself is expressly excluded from the scope of the definition of disability in the Act. Important to consider is the effect of an impairment not its cause – provided that is not an excluded condition. Certain conditions are not to be regarded as impairments for the purposes of the Act. These are: addiction to, or dependency on, alcohol, nicotine, or any other substance (other than in medically prescribed substances); the condition known as seasonal allergic rhinitis (e.g. hayfever), except where it aggravates the effect of another condition; tendency to set fires; tendency to steal; tendency to physical or sexual abuse of other persons; exhibitionism; voyeurism disfigurements which consist of a tattoo (which has not been removed), non-medical body piercing, or something attached through such piercing

14. Duty to make reasonable adjustments Equality law recognises that bringing about equality for disabled people may mean changing the way in which employment is structured, the removal of physical barriers and/or providing extra support for a disabled worker. a positive and proactive duty to take steps to remove or reduce or prevent the obstacles a disabled worker or job applicant faces. You only have to make adjustments where you are aware – or should reasonably be aware – that a worker has a disability. What is reasonable for you to do depends, among other factors, on the size and nature of your organisation.

15. What is reasonable You only have to do what is reasonable. Various factors influence whether a particular adjustment is considered reasonable. The test of what is reasonable is ultimately an objective test and not simply a matter of what you may personally think is reasonable. When deciding whether an adjustment is reasonable you can consider: how effective the change will be in avoiding the disadvantage the disabled worker would otherwise experience its practicality the cost your organisation’s resources and size the availability of financial support. Your overall aim should be, as far as possible, to remove or reduce any disadvantage faced by a disabled worker. If, taking all of the relevant issues into account, an adjustment is reasonable then you must make it happen.

16. General Equality Duties S.149 (Equality Act). Public bodies must have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation Advance equality of opportunity between different groups Foster good relations between different groups

17. A Social Work Department requires all applicants to attend an interview. One applicant has a speech impairment which is exacerbated when he is nervous. This means he needs more time to express himself. The department refuses to allow him any extra time at interview. Might this be unlawful treatment on the grounds of disability? If so, what reasonable adjustments might an institution make to ensure that it is not treating a disabled person less favourably? [5 marks] What justifications might there be in treating the disabled person/student less favourably or failing to make a reasonable adjustment? [5 marks]