Search results for ‘Subject term:"learning disabilities"’ Sort:
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Inclusion and healthcare choices: the experiences of adults with learning disabilities
- Authors:
- FERGUSON Morag, JARRETT Dominic, TERRAS Melody
- Journal article citation:
- British Journal of Learning Disabilities, 39(1), March 2011, pp.73-83.
- Publisher:
- Wiley
Those with learning disabilities have fewer decision-making opportunities than the general population. This study investigated the decision-making experiences of two groups of individuals with a learning disability. Group 1 included irregular attenders who had opted out of healthcare appointments for avoidable reasons, and group 2 included regular attenders who had attended all appointments or not attended for unavoidable reasons. Interviews were carried out with 4 people with learning disabilities and/or their 13 primary carers. In addition to these interviews, physiotherapy staff participated in a focus group. Those with learning disabilities described experiences of and opportunities for making everyday decisions but mostly identified others as being responsible for making their health care choices. Overall, the paper concluded that a greater understanding of the health care expectations and experiences of individuals with learning disabilities, and those that support them, is required to enable people with learning disabilities as participants in their own health care decision-making processes.
Review of adult protection reports resulting in “No Further Action” decisions
- Author:
- CAMPBELL Martin
- Journal article citation:
- Journal of Policy and Practice in Intellectual Disabilities, 10(3), 2013, pp.215-221.
- Publisher:
- Wiley
In Scotland, the Adult Support and Protection Act of 2007 mandates effective interagency policies and activities to prevent harm to individuals unable to safeguard their own well-being, property, and rights because they are affected by “disability, mental disorder, illness or physical or mental infirmity.” This article examines the high proportion of adult protection referrals that resulted in “No Further Action” (NFA) decisions (these are referrals that did not lead to a full adult protection investigation). The review involved examining police referral data from 15 areas in Scotland as well as referral reports received over a 3-month period in one representative area. Data sources were case files, national reports, and Freedom of Information requests. Interviews conducted with key personnel were supplemented with statistical data with a view to making recommendations. Screening criteria for referral, main contributory factors in referral, and reasons for NFA decisions were analyzed. It was found that, typically, more than 40% of adult protection referrals made by the police to adult protection teams resulted in NFA decisions. Variations in the interpretation of threshold criteria were observed, and there was a perception of overreporting. While overreporting of cases may have implications for resources and impact on the process, the dangers of underreporting may have more detrimental implications for adults with intellectual disabilities. The authors call for robust data and recording processes to determine how effectively different systems are protecting adults who are most at risk. (Edited publisher abstract)
Autonomy, benefit and protection: how human rights can protect people with mental health conditions or learning disabilities from unlawful deprivation of liberty
- Author:
- PATRICK Hilary
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2008
- Pagination:
- 52p.
- Place of publication:
- Edinburgh
This paper considers how the law and practice in Scotland relating to the care and treatment of people with mental health issues or learning disabilities respects their right to liberty and security guaranteed by Article 5 of the European Convention of Human Rights (ECHR). In recent years the law has changed, with the Adult Support and Protection (Scotland) Act 2007 clarifying the rights of local authorities to make community care arrangements for adults who are incapable of making such arrangements themselves. Helpful guidance from the Scottish Government (the s13ZA guidance) highlights good practice issues. The s13ZA guidance is clear that it is not appropriate to use the new provisions of the Social Work (Scotland) Act where care arrangements may constitute a ‘deprivation of liberty’ within Article 5 ECHR. This paper aims to build on the guidance from the Scottish Government. It deals with areas that the Scottish Government does not cover, for example patients in hospital and people living in their own homes, and outlines areas where further good practice advice could be helpful. The paper is in 5 parts. Part 1 looks at what is meant by deprivation of liberty and the requirements of ECHR law. Parts 2 and 3 look at deprivation of liberty in context and discusses how the rules operate in specific situations. Part 4 considers how the principles of Adults with Incapacity Act law and ECHR law can help form a framework for decision making in these difficult situations and Part 5 draws some conclusions.
The lessons of experience: the Adult (Support and Protection) Act reforms to Scottish incapacity and mental health legislation
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 360, October 2007, pp.222-225.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
The Adult (Support and Protection) (Scotland) Act 2007 has made significant changes to the Adults with Incapacity (Scotland) Act 2000 and some drafting improvements to the Mental Health (Care and Treatment) (Scotland) Act 2003. This article outlines the changes. It highlights recognition of advocacy, powers of attorney, changes to intervention orders, guardianship, access to funds and changes to Mental Health (Care and Treatment) Act.
This Bill threatens both professional practice and civil rights
- Author:
- RITCHIE Peter
- Journal article citation:
- Community Living, 13(3), January 2000, pp.20-23.
- Publisher:
- Hexagon Publishing
The author argues that the Adults with Incapacity Bill currently going through the Scottish Parliament, although well intentioned, contains inadequate safeguards for the civil rights of people with learning disabilities and may be impossible to implement in accordance with its own stated principles.
Nothing about me, without me: the report of a practice based study of approaches to effective user involvement in individual care in one agency
- Authors:
- DICK Sally, CUNNINGHAM Gail
- Publisher:
- Consultation and Involvement Trust Scotland
- Publication year:
- 2000
- Pagination:
- 38p.,bibliog.
- Place of publication:
- Edinburgh
Report of a study investigating approaches to user involvement and participation in decisions about individual care in an organisation working with people with learning difficulties, including people with very high support needs. The study aims to illustrate routes to more effective involvement and particularly to explore circumstances which could be seen to prevent involvement or to discourage service providers from actively seeking out ways of effectively and genuinely involving users.
Report on incapable adults: report submitted under section 3(2) of the Law Commissions Act 1965; presented to Parliament by the Lord Advocate by command of Her Majesty, September 1995
- Author:
- SCOTTISH LAW COMMISSION
- Publisher:
- HMSO
- Publication year:
- 1995
- Pagination:
- 240p.
- Place of publication:
- Edinburgh
Examines the law in Scotland relating to decision making for people who are unable to decide for themselves, looks at what is wrong with the current system. Goes on to make suggestions and recommendations for improvements.
Does it matter? Decision-making by people with learning disabilities
- Authors:
- PEOPLE FIRST (SCOTLAND), ANIMATE
- Publisher:
- Animate
- Publication year:
- 2017
- Pagination:
- 84
- Place of publication:
- Glasgow
This research examines whether supported decision making for people with learning disabilities offers a practical and safe alternative to substitute decision following a guardianship order. It aims to present their views within the current debate about the need to revise Scotland’s incapacity legislation. Peer researchers conducted interviews with 128 people who had a learning disability about their experiences of decision making. Overall, participants felt making decisions for themselves was important, emphasising the need to have choice and the freedom to be independent. Good practice examples of supported decision making are included. However, participants reported that they commonly experienced decisions being made about them without people asking, which left many participants feeling powerless and angry. The report also discusses the barriers to people with learning disabilities taking greater control of their decision making; challenges within the current guardianship system in Scotland; and the challenges to delivering supported decision making. The findings suggest that supported decision-making for people with learning disabilities can offer a safe and realistic alternative to substitute decision-making, but requires a significant change in mindsets as to the rights, resources and risks involved. (Edited publisher abstract)
Voting and the Scottish referendum: perspectives of people with intellectual disabilities and their family and paid carers
- Authors:
- WILLIS Diane S., et al
- Journal article citation:
- Disability and Society, 31(7), 2016, pp.914-928.
- Publisher:
- Taylor and Francis
Voting is a human right for every citizen yet many people with intellectual disabilities do not vote or have little support to exercise their right to vote. This article explores views on the wider aspects of voting against the backdrop of the Scottish referendum using focus groups involving people with intellectual disabilities (n = 12), family carers (n = 7) and paid carers (n = 5). Findings revealed that people with intellectual disabilities had similar concerns to the general population about the referendum. Regarding voting, all groups identified the need to discuss issues and for practical support and accessible information to ensure informed choices were made when voting. (Publisher abstract)
Your move: stories from the your move project
- Authors:
- SMITH Andy, WILSON Helen
- Publisher:
- Scottish Human Services Trust
- Publication year:
- 1997
- Pagination:
- 80p.
- Place of publication:
- Edinburgh
This book is about what happened in the first year of the Your Move Project, a developmental project aiming to extend the range of quality housing and living options for people with learning disabilities in Scotland, to raise awareness about supported living, and to develop several small demonstration projects to help people move into their own homes