Search results for ‘Subject term:"learning disabilities"’ Sort:
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By the book
- Author:
- WHITE Caroline
- Journal article citation:
- Community Care, 8.2.96, 1996, pp.14-15.
- Publisher:
- Reed Business Information
The author reports on the closure of a Scottish care home and how this has led to calls for greater powers for social services inspectors, without the usual critical backlash.
Neglecting justice? Exploring Scottish convictions for ill-treatment and wilful neglect
- Authors:
- GODWIN Christopher, MACKAY Kathryn
- Journal article citation:
- Journal of Adult Protection, 17(4), 2015, pp.234-244.
- Publisher:
- Emerald
Purpose: This paper explores the perceived low number of Scottish criminal convictions in cases of ill-treatment or wilful neglect of adults where the victims experienced mental disorder, and/or incapacity. Human rights and anti-discrimination legislation are drawn upon to consider whether victims are gaining equality of access to justice through the charging and conviction of those who commit these offences. Design/methodology/approach: The paper uses the concept of parity of participation to first set out the wider legal framework in which access of justice takes place and to try to determine how it may be working in practice. Second the paper explores Scottish guidance, research and case law in relation ill-treatment or wilful neglect to evaluate the seeming lack of progress towards criminal convictions. Findings: Whilst the legal framework appears to promote equality of access to justice, little is known about how it is working in practice; in particular whether cultural barriers to participation are being addressed. Evaluation of Scottish statistical data on cases of ill-treatment and wilful neglect revealed a small number of cases progressing to court though there were challenges in constructing a pathway from charges to convictions. There also appeared to be no Scottish legal opinions published in connection with these cases. In addition lack of research means that little is known about why cases progress, and how victims might be being supported through the process. Research limitations/implications: It is suggested that these gaps in information, in comparison to England and Wales, might be hindering practice. In particular the apparent lack of operational definitions for ill-treatment and wilful neglect in Scotland may reduce the use of this type of criminal offence. As such criminal offences embedded within civil mental health and mental capacity legislation may currently be hidden in plain sight. The human rights consequences of the issues raised in this paper are argued as significant. Research is needed to fill these gaps and inform future guidance and training. Practical implications: Improved Scottish guidance and publicity of this issue is required. Local inter-agency discussions and training could develop a better understanding of how these offences have been defined and how disabled people might be supported through the legal processes. The Scottish publication of statistical information for charging and convictions might usefully record these offences separately to give them a greater public profile in the future. (Edited publisher abstract)
Powers of attorney and their safeguards: an investigation into the response by statutory services and professionals to concerns raised in respect of Mr and Mrs D
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2012
- Pagination:
- 20p.
- Place of publication:
- Edinburgh
Mr and Mrs D, a couple with mild learning disabilities, suffered years of abuse at the hands of their power of attorney, Mr E. Mr and Mrs D gave Mr E power of attorney to manage their finances and welfare in December 2003. This was allowed to happen despite evidence of emotional and financial exploitation of Mr and Mrs D by Mr E. Between 2003 and 2009 there were over 40 records of concern about how Mr E was interacting with Mr and Mrs D and managing their finances and welfare. The local authority and the Office of the Public Guardian (OPG) looked into the actions of the attorney. However, it was left to the couple to revoke the powers themselves, despite evidence that they were afraid of the attorney. Mr and Mrs D eventually revoked the power of attorney in June 2009 with support from independent advocacy and another family member (Mr F). This investigation looks at what action was taken by health and social work services when they believed that the powers of attorney were not being used correctly. It also examines the process of the granting of the power of attorney in December 2003. It concludes that there were fundamental problems with understanding the legislation. Practitioners of all disciplines needed a better understanding of the meaning of ‘incapable of acting’ and the problems that arose because of undue influence.
A pilot project: evaluating community nurses' knowledge and understanding of the Adult Support and Protection (Scotland) Act 2007
- Authors:
- CAMPBELL Martin, CHAMBERLIN Dionne
- Journal article citation:
- Journal of Adult Protection, 14(4), 2012, pp.188-196.
- Publisher:
- Emerald
The Adult Support and Protection (Scotland) Act 2007 was introduced by the Scottish Government to organise a more coordinated approach to supporting and protecting adults who may be at risk of harm or neglect. Community nurses working in learning disabilities services are in a prime position to implement adult protection. The aim of this study was to evaluate understanding and knowledge of the Adult Support and Protection (Scotland) Act 2007 in community nurses working in learning disability services in Scotland. The participants were 10 community nurses who worked in learning disability services in one NHS area who had previously received varying levels of training. The participants completed a questionnaire at 2 time points, 4 months apart. The questionnaire aimed to test understanding of: principles of the Act and definitions; adults at risk of harm; and protection, assessment, removal and banning orders. The questionnaire scores varied widely overall and across the 3 domains. There was no correlation between individual scores and training or length of work experience. The level of knowledge was below what might have been expected for this group, given the level of training and experience.
Hidden in plain sight: inquiry into disability-related harassment
- Author:
- EQUALITY AND HUMAN RIGHTS COMMISSION
- Publisher:
- Equality and Human Rights Commission
- Publication year:
- 2011
- Pagination:
- 231p.
- Place of publication:
- Manchester
An inquiry was launched by the Equality and Human Rights Commission to investigate the causes of disability-related harassment and examine how organisations such as local authorities are working to prevent and eliminate it. Disability-related harassment is defined as unwanted, exploitative or abusive conduct against disabled people. Part one of the report provides the background to the inquiry, including the current legislative and policy framework. Part two examines 10 serious cases where disabled people had died or were seriously injured due to harassment. For each case the public authorities involved gave evidence about: their awareness of the harassment; their handling of the case; what they could have done differently; and whether they had put into practice any measures to help them avoid similar tragedies in the future. The report summarises the findings for each case, looking at what happened; the response; prosecution; and the review process. Part 3 of the report looks at the wider problem of harassment, indicators of prevalence and draws on submissions made by people who have experiencing harassment. Part 4 looks at how organisations such as police, local authorities, schools and housing providers currently deal with harassment when reported. It identifies examples of good practice and common problem areas. The conclusion sets out a manifesto for change and provides key recommendations.