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The role of the courts in the development and implementation of the IDEA
- Author:
- PALLEY Elizabeth
- Journal article citation:
- Social Service Review, 77(4), December 2003, pp.605-618.
- Publisher:
- University of Chicago Press
This article demonstrates the role that courts have played in the development and implementation of the Individuals with Disabilities Education Act. As a result of limited federal oversight and ambiguities in the law, courts have been influential players in the creation and re-creation of this law. The role of the courts can be seen in the interpretation of such concepts as a free, appropriate public education, medical services, and the least restrictive environment.
A guide to the report from the Joint Committee on the Draft Mental Incapacity Bill: easy read version
- Author:
- GREAT BRITAIN. Parliament. Joint Committee on the Draft Mental Incapacity Bill
- Publisher:
- Great Britain. Parliament. House of Commons. Committee Office
- Publication year:
- 2004
- Pagination:
- 41p.
- Place of publication:
- London
This draft Bill proposes to reform the law in order to improve and clarify the decision making process for those aged 16 and over who are unable to make decisions for themselves.
Think of the child first
- Author:
- BRAYE Suzy
- Journal article citation:
- Community Care, 14.12.00, 2000, p.28.
- Publisher:
- Reed Business Information
The needs of disabled children are too often seen by assessors purely in medical or practical terms. Looks at how the Children Act 1989 and subsequent laws allow for a more progressive approach.
A question of good practice? Community care law and occupational therapists
- Author:
- MANDELSTAM Michael
- Journal article citation:
- British Journal of Occupational Therapy, 61(8), August 1998, pp.351-358.
- Publisher:
- Sage
Occupational therapists working in social services departments and delivering community care continue to be subject to anxiety about the legality of some of their actions. This article considers aspects of relevant legislation decisions of the law courts and recommendations of the local ombudsmen.
Care in collision
- Authors:
- GARDNER Paul, SMITH Carole
- Journal article citation:
- Community Care, 9.5.96, 1996, pp.30-31.
- Publisher:
- Reed Business Information
Following a court clash between a disabled son and his mother, the authors discuss the legal difficulties facing disabled people in conflict with their carers.
The Disability Discrimination Act 1995 and psychiatry: lessons from the first seven years
- Author:
- GLOZIER Nick
- Journal article citation:
- Psychiatric Bulletin, 28(4), April 2004, pp.126-129.
- Publisher:
- Royal College of Psychiatrists
The aim was to extract relevant information for clinicians from reported and/or accessible cases involving psychiatric illness brought under the Disability Discrimination Act 1995 (DDA). Institutional databases were searched for DDA cases and relevant guidance from case law extracted. Over half the cases reaching higher courts involve psychiatric illness. A number of decisions provide guidance for clinicians wishing to aid their own patients, and those involved as expert witnesses. These cover which conditions are included as impairments (almost everything in ICD-10), what associated effects are to be considered, and the relevance of comorbidity and treatment. Cases often involve recovery of clinical documents that reveal interesting variation in professional standards. Virtually all patients of psychiatrists in secondary care would be covered by the DDA. Knowledge of this Act could be used to enhance a patient’s access to employment and services, and potentially overcome some of the effects of stigmatisation.
Chemical sensitivity in the workplace
- Authors:
- DECKER James T., et al
- Journal article citation:
- Journal of Social Work in Disability and Rehabilitation, 1(4), 2002, pp.45-61.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
The debate continues to rage in the medical community and amongst policy makers. This debate centers on a new disease mechanism commonly known as Multiple Chemical Sensitivity (MCS). Researchers have grouped the theories of etiology of MCS into four broad categories: physical, stress, misdiagnosis, and illness belief. A new name for this illness has recently been advanced as well, toxininduced loss of tolerance (TILT). Problems with chemical sensitivity are especially troubling for workers and their employers. Employees seeking relief under the Americans With Disabilities Act of 1990 (ADA) are requesting accommodations based on their reactions to chemicals. Employers are beset with claims for accommodations in the workplace, disability claims, and worker's compensation claims. Courts are trying to make sense of chemical sensitivity with respect to accommodations in the workplace. Court decisions regarding MCS issues are varied and of tentimes highly controversial. Primary social problems and mental health issues associated with chemical sensitivities are economic costs and loss of enjoyment of life by MCS sufferers. Economic costs are spread throughout the system; however, their major manifestations are lost worker production, increased demands on services, and the long-term costs associated with supporting a growing disabled subset of the population comprised of chemically injured workers. Social and mental health costs are seen in escalating cases of depression, divorces, behavioural acting out, isolation, anxiety attacks, and chronic medical problems. Social workers are particularly well suited to advocate for accommodations in the workplace and for social policy change on behalf of those suffering from chemical sensitivity. Their training in systems and ecosystems theory makes them well aware of the importance of the environment on the individual. That training includes knowledge of utilizing strengths based approach to problem solving, and clinical training in mental health, which leads to empowerment for the client. (Copies of this article are available from: Haworth Document Delivery Centre Haworth Press Inc., 10 Alice Street Binghamton, NY 13904-1580)