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'It's against our law, never mind anyone else's': the Disability Discrimination Act 1995 and adults with learning disabilities
- Authors:
- STALKER Kirsten, LERPINIERE Jennifer
- Journal article citation:
- Disability and Society, 24(7), December 2009, pp.829-843.
- Publisher:
- Taylor and Francis
This paper presents the findings of a 15 month study examining Part III of the Disability Discrimination Act 1995 (the provision of goods, services and facilities) in relation to adults with learning disabilities. Interviews were conducted with service providers and disability organisations, while focus groups co-facilitated by self-advocates, were carried out with adults with learning disabilities and family carers of people with profound multiple impairments. The five focus groups each had between three and seven participants. Cases which had gone to court or mediation were also examined along with two legal case studies. The paper presents the collated views of people with learning disabilities in Scotland about the Act and about using services. Awareness of their rights was generally low, although activists were better informed. While usually offered reasonable service in shops, pubs and other facilities, the level of reported incidents of unfair treatment was significant. This could take three forms: being treated with a lack of courtesy and respect, failure to make reasonable adjustments, and outright refusal to serve. Participants expressed a strong sense of injustice when treated in these ways but the majority was unlikely to complain, although a few had challenged unfair treatment. The paper concludes with recommendations for policy and practice.
Response to 'Progress with learning disability hospital closures in Scotland'
- Authors:
- HUNTER Susan, STALKER Kirsten
- Journal article citation:
- Tizard Learning Disability Review, 8(1), January 2003, pp.10-12.
- Publisher:
- Emerald
Comments on an article in this issue of Tizard Learning Disability Review. The authors draw on their own research mapping the progress of hospital closures in Scotland and argue that progress remains slow. They find there is a long way to go before recommendations of the Scottish Executive publication 'The same as you?' will be met.
Unsettling times
- Authors:
- STALKER Kirsten, HUNTER Susan
- Journal article citation:
- Community Care, 19.11.98, 1998, pp.28-29.
- Publisher:
- Reed Business Information
As the Scottish Office embarks on a major review of services for people with learning difficulties, the authors explain how long-stay institutions are still home to many people.
Some ethical and methodological issues in research with people with learning difficulties
- Author:
- STALKER Kirsten
- Journal article citation:
- Disability and Society, 13(1), February 1998, pp.5-19.
- Publisher:
- Taylor and Francis
This article discusses some ethical and methodological issues arising in a recent study examining the exercise of choice by people with learning difficulties. The research aimed to examine in detail the choice-making process, and to explore ways of involving people with learning difficulties both as respondents and as a contributors to the study design. Reflecting on experience gained in this study and on research reported elsewhere, a number of pointers for future research are drawn. These include the need to consider the potential implications of intellectual impairment for involvement in the research process.
Parents' views of different respite care services
- Authors:
- STALKER Kirsten, ROBINSON Carol
- Journal article citation:
- Mental Handicap Research, 7(2), 1994, pp.97-117.
- Publisher:
- BIMH Publications
This paper focuses on one part of a three-year study into respite care services to disabled children. Findings from previous research are outlined, an overview and methodology of the study of consumers' views are presented, and results discussed.
Taking service providers to court: people with learning disabilities and Part III of the Disability Discrimination Act 1995
- Authors:
- LERPINIERE Jennifer, STALKER Kirsten
- Journal article citation:
- British Journal of Learning Disabilities, 38(4), December 2010, pp.245-251.
- Publisher:
- Wiley
Despite evidence of poor service provision for people with learning disabilities in the UK, very little use has been made of Part III (Goods, Facilities and Services) of the Disability Discrimination Act 1995 by people with learning disabilities. Difficulties faced by individuals who might consider pursuing a claim against a service provider include stress, time and financial constraints. Once a complaint has been made or a claim lodged other legislative barriers can make it difficult to pursue a case. 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 is 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. In the first case, a sports centre gave free carer’s tickets to some disabled people but not to others. In the second case, a tattooist refused to give a tattoo to someone with learning disabilities. Both cases took two years before they were heard at court or mediation. The article discusses the complexities of these cases, and offers suggestions to improve the legal process and to make it more accessible to people with learning disabilities.
A critical review and analysis of current research and policy relating to disabled children and young people in Scotland: a report to Scotland's Commissioner for Children and Young People
- Authors:
- STALKER Kirsten, MOSCARDINI Lio
- Publisher:
- Scotland's Commissioner for Children and Young People
- Publication year:
- 2013
- Pagination:
- 65
- Place of publication:
- Edinburgh
The authors provide an overview of issues facing disabled children and young people in Scotland, and draws attention to the specific barriers faced by deaf children, children with learning disabilities and those with mental health problems. The overall aim is to inform the work of Scotland’s Commissioner for Children and Young People in relation to disabled children and young people who have already been identified as a priority group. The report reviews six key studies published since 1999 that give a holistic overview of disabled children’s lives from their perspectives. It also reviews information on relevant research conducted by 31 voluntary organisations and 15 academic researchers. It analyses these key policy areas and related research: welfare benefits reform; Getting It Right for Every Child (GIRFEC); the National Review of Services for Disabled Children in Scotland; education; self-directed support; short breaks; and transition to adulthood. Options for action by the Commissioner are suggested. (Edited publisher abstract)
Care and treatment?: supporting children with complex needs in healthcare settings
- Authors:
- STALKER Kirsten, et al
- Publisher:
- Pavilion,|Joseph Rowntree Foundation
- Publication year:
- 2003
- Pagination:
- 91p.
- Place of publication:
- Brighton
Significant numbers of children and young people with complex physical, medical and cognitive health needs may be spending unnecessarily long periods of time in hospital and other healthcare settings because inadequacy of community-based resources is preventing their discharge. This report details the findings of research conducted in England and Scotland to identify how many children with complex support needs are spending longer than one month in healthcare settings in Scotland and England, how and why they are in hospital, why they have not been discharged home or to appropriate alternative community-based facilities, and how well the hospital or healthcare setting is meeting their emotional, social and educational needs. It finds that many of these children could and should be discharged but are not, for a variety of reasons: primarily the lack of appropriate resources in the community and poor discharge planning processes, coupled with the inability of their families to manage their care and supervision without intensive support. Hospitals and healthcare settings in many cases are not meeting their needs and these children are being denied the protection offered by UK legislation governing children’s rights and welfare. The researchers conclude that much more should be done by health authorities and health boards, by NHS trusts, hospitals and community services, and by social services and education departments to ensure these children receive the same standards of care, treatment and protection accorded to other children, and that inappropriate admissions and such lengthy stays should be avoided at all costs.
To close or not to close. The future of learning disability hospitals in Scotland
- Authors:
- STALKER Kirsten, HUNTER Susan
- Journal article citation:
- Critical Social Policy, 19(2), May 1999, pp.177-194.
- Publisher:
- Sage
This article deals with the resettlement of people with learning difficulties from Scottish hospitals. First it outlines the policy background, tracing the rise and demise of the long-stay institution. It then reports on a study examining current resettlement policies in Scotland, where there is no national closure programme. The research found that resettlement is largely in disarray, with particular difficulties in planning, financial arrangements and inter-agency collaboration. Argues that there is a great risk of hospitals being perpetuated or reconstructed, particularly through the activities of NHS Trusts, and of people with dual labels remaining resident in them for years to come.