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Unheard voices: researching participation in social work
- Author:
- UREK Mojca
- Journal article citation:
- European Journal of Social Work, 20(6), 2017, pp.823-833.
- Publisher:
- Taylor and Francis
The article draws attention to the loss of contract power of people, especially those with learning disabilities. It shows a gap between policies and ideology of participation on the one hand and lived experiences of participation practices in the care proceedings’ systems on the other. Users’ participation seems to be a trademark of contemporary EU social policy or mental health policy, while children’s participation is the most emphasised part of child-friendly justice discourse, but the question arises whether they really are in place. The national and European research projects conducted by the author are used to emphasise the most problematic points, but also innovative social work and advocacy practices. The central focus of the article is therefore the author’s recent EU research project ‘Access to Justice for Children with Mental Disabilities’, which has addressed the participation of children with learning disabilities in all stages of the legal processes. In the case of Slovenia, these are mainly taking the place at centres of social work. The findings showed that in spite of the progress towards participation of children in general in social care decisions, children with mental disabilities remain virtually invisible. (Edited publisher abstract)
Guardianship and supported decision making in Israel
- Authors:
- DAVIES Rebecca Naomi, WERNER Shirli, SINAI Amanda
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 11(2), 2017, pp.54-64.
- Publisher:
- Emerald
Purpose: Recent research has promoted the use of supported decision making, in contrast to historical methods of substitute decision making when working with people with intellectual disabilities. In Israel, people with disabilities are protected by the Legal Capacity and Guardianship Law of 1962, which was amended in 2016. The purpose of this paper is to consider how these recent changes are perceived by the professionals in Israel. Design/methodology/approach: Professionals with experience in policy making, law, social work and with direct experience working with people with intellectual disabilities (ID) were interviewed using semi-structured interviews and one focus group. Interviews were recorded and subsequently coded and analysed qualitatively. Findings: Two major themes were identified. These were: the law and its phrasing, and changing culture. Findings highlight the process of change within guardianship law and practice and the challenges in implementation encountered so far and anticipated in the future. Originality/value: Guardianship laws are changing in many states and the challenges to implementation of supported decision-making in these countries have been echoed in this study. Functional models to allow implementation of supported decision-making have not yet been strongly evidenced. It is hoped that this research may provide a springboard for further study into legal capacity and guardianship issues in Israel and elsewhere. (Publisher abstract)
Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?
- Author:
- PETRI Gabor
- Journal article citation:
- Tizard Learning Disability Review, 22(1), 2017, pp.10-15.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach: This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings: Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value: Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy. (Publisher abstract)
Challenging deprivation of liberty: advocating for your rights
- Author:
- O'KANE Niall
- Journal article citation:
- Advances in Mental Health and Intellectual Disabilities, 11(2), 2017, pp.47-53.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to review a case of a man with a mild learning disability and autistic spectrum disorder who successfully appealed against a Deprivation of Liberty Safeguards authorisation under English law. Design/methodology/approach: The authors wanted to identify the factors contributing to the individual’s deprivation of liberty and subsequent successful appeal. The authors examined the accounts from the experts involved on each side of the case including different views on the person’s capacity to make certain decisions. The authors examined several of the individual’s psychological and psychiatric assessments. The authors interviewed the individual on two occasions: once during the appeals process, and following his successful appeal. Findings: The authors identified several reasons as to why the individual was successful in appealing against the Deprivation of Liberty Safeguards. First, the individual was able to seek legal support to appeal independently. Second, experts involved on each side of the case had differing opinions regarding capacity to make certain decisions. Third, the indication for the Deprivation of Liberty Safeguards was subsequently declared not valid. Finally, the authors found that the quality of life and psychological well-being for the individual improved following removal of restrictions. Practical implications: The authors highlight the wider issues relating to an individuals’ rights to challenge authorisations in the Court of Protection as well as to future considerations and directions of the Deprivation of Liberty Safeguards legislation in light of evolving case law. Social implications: The authors highlight the importance of empowering patients in matters relating to their care and treatment, as well as protecting their human rights, dignity and autonomy. Originality/value: The authors examine the barriers to challenging Deprivation of Liberty Safeguards authorisation and the ever-evolving Deprivation of Liberty Safeguards process. (Publisher abstract)
Mental health, mental capacity: raising a human rights issue: workbook
- Author:
- BRITISH INSTITUTE OF HUMAN RIGHTS
- Publisher:
- British Institute of Human Rights
- Publication year:
- 2017
- Pagination:
- 36
- Place of publication:
- London
This booklet provides advice to help people with a mental health or mental capacity issue using health and care services to advocate for their own human rights. It provides on how you can identify whether an issue you have with your care or treatment is a human rights issue, and if so, how to raise it using human rights. It contains tips and tools about how to use human rights to challenge poor practice or decisions about care or treatment. It also includes flowcharts to aid with decision making and outline the steps that can be taken to challenge and resolve the decision. Case examples illustrate how the flowcharts can be used. The booklet has been co-produced with six other organisations as part of the project Care and Support: A Human Rights Approach to Advocacy. (Edited publisher abstract)
Everyday decisions project report: supporting legal capacity through care, support and empowerment
- Authors:
- HARDING Rosie, TASCIOGLU Ezgi
- Publisher:
- University of Birmingham. Birmingham Law School
- Publication year:
- 2017
- Pagination:
- 48
- Place of publication:
- Birmingham
This research explores how people with intellectual disabilities make everyday decisions and how care professionals support them when they do. It covers making decisions in about everyday choices such as food and clothing, life choices like housing, education and employment, and difficult choices like financial, medical and legal decisions. It also looks at making relationship and friendship choices. A total of 46 participants across England and Wales took part in interviews: 15 people with learning disabilities who were supported by 6 supporters, and 25 social care professional. The results found examples of good practice across all levels of care and support services. Support around decision making for day-to-day activities, such as food and clothing, and life choices such as education were generally good. However, there were much lower levels of support around making difficult decisions, especially those related to legal issues such as wills, advance decisions and power of attorney. The study found that whilst care professionals involved in the study were familiar with the Mental Capacity Act 2005, few were aware of the UN Convention on the Rights of Persons with Disabilities. The report finds that whilst there is general awareness of the basics of the Mental Capacity Act, there is scope for ongoing training for frontline care staff about the importance of supporting decision-making under the MCA as a way of supporting legal capacity. It makes a number of recommendations to improve decision making support for people with learning disabilities. (Edited publisher abstract)
What works in the delivery of independent support? Final report from the national evaluation of the Independent Support Programme 2014 - 2016
- Authors:
- BROWN Helen, et al
- Publisher:
- National Development Team for Inclusion
- Publication year:
- 2017
- Pagination:
- 93
- Place of publication:
- Bath
Final evaluation of the Independent Support (IS) Programme providing support for children and young people with special educational needs and disabilities (SEND) and their families to enable them to access services and to ensure that their Education, Health and Care (EHC) plan meets their need and reflects their aspirations. The evaluation reports progress towards each of the six programme outcomes, highlights lessons for successful delivery of IS and factors relating to its economic value. The six evaluation outcomes cover: families, children and young people feel more supported in the Education, Health and Care (EHC) Plan process; children, young people and families being more engaged and empowered; for EHC plans to focus on children and young people’s aspirations; improved co-ordination and navigation through local services; greater equality of access to services; and increased skills and knowledge of those involved in providing IS. The report found that Independent Support was highly valued by young people and parents, as well as the range of professionals involved in the care and support of disabled children and young people across the education, health and social care system. However, the evaluation found that there needs to be a greater focus on personal goals, outcomes and aspirations within EHC plans, with positive experiences of the planning process and conversations about outcomes not always appearing in the content of plans. It proposes six key elements to consider for the successful local commissioning and delivery of IS. The report makes five recommendations, which include the need for outcome measures that focus on individual outcomes and an increased focus on young people’s voice and focus on aspirations in EHC plans. (Edited publisher abstract)