Scottish Disability Equality Forum Blog

Have Your Say on Self-Directed Support

2011-02-03T12:04:00.006Z

Scottish Government Consultation
Social Care (Self-directed Support) (Scotland) Bill
The Scottish Government has published a draft Bill on self-directed support for consultation. We’ve put together a briefing (below) that explains self-directed support and outlines the content of the Bill. Let us know what you think!

What is self-directed support?
The term “self-directed support” describes an approach to delivering social care services that aims to empower people to decide what kind of support they want and need and how they want it to be provided. In practical terms it means that people will have control over deciding how the funds allocated to them are used. It is important to note that a direct payment is only one of several ways for people to do direct their own support.

Why is self-directed support important?
It is an approach that reflects a growing concern with ensuring that care and support services really make a positive difference to people’s quality of life and support people to live independently and to be fully included in society. It also aims to ensure that the people who are responsible for providing care and support services work in partnership with the people who use them.

Background to the Bill
In November 2010 the Scottish Government published a strategy that sets out a ten-year plan for the development of self-directed support as the main way to deliver social care in Scotland. The Self-directed support Bill sets out the legislation that will support this change.

Overview of the content of the Bill

1. Options for self-directed support
The Bill places a duty on local authorities to provide people with the following four options in relation to the way they want to organise their support. People may choose to:

• Receive a direct payment from the local authority and manage their support themselves.

• Choose the support they want to receive but have this support arranged by the local authority on their behalf

• Request the local authority to arrange support for them

• Any combination of any of the above

2. Children and young people
The draft Bill means that children (and their families) and young people over sixteen will be entitlement to all forms of self-directed support (the four options above).

3. People who need help to direct their support
Self-directed support is about people having choice and control over the services they receive. However, the Bill recognises that some people will find it much more difficult than others to take control. The Bill gives local authorities the power to allow people‘s family or friends to direct a person‘s support where the person is not able to direct their own support (with safeguards in place, see full document)

Note - These powers are not intended to affect Adults with Incapacity (AWI) procedure or obligations and powers relating to guardianship and Power of Attorney.

4. Self-directed support for carers
The Bill provides a power to local authorities to provide support to carers where this would help avoid the deterioration of the carer or the person they care for and an escalation of support needs. Local authorities have a duty to offer carers all of the options for self-directed support.

5. Use of direct payments
Current legislation means that people who receive direct payments (one of the options for self-directed support) cannot employ close relatives except in exceptional circumstances. The consultation asks people to comment on whether this should be changed

6. Direct payments for people in residential accommodation
Current regulations restrict the use of direct payments for people in residential accommodation. Generally, the Bill proposes that everyone should be able to receive direct payments but recognises that in the case of residential care people might be faced with the prospect of having to “top-up” their direct payment to secure the residential care of their choice. The consultation asks people to comment on whether people in residential care should be able to receive direct payments.

7. Joint working
The draft Bill does not place duties on other bodies (like health boards for example) to offer the options for self-directed support. The consultation asks people to comment on whether there should be further legislation requiring joint working between social care, health and beyond?

The full Bill and consultation document can be found here http://www.scotland.gov.uk/Publications/2010/12/15105332/0

Comment below or fill in our survey

To access our survey on the Self –directed Support Bill, follow this link: http://www.surveymonkey.com/s/C5LBVT8

A breakthrough for equality?

2010-10-01T16:13:00.000+01:00

The new Equality Act comes into force today. This new law consolidates and clarifies the existing discrimination legislation concerning disability, gender, race, sexual orientation, religion or belief and age, and seeks to adopt a single approach where appropriate.
It also contains a number of important changes to the law including discrimination based on association and perception being made unlawful across all strands of discrimination.
For example, if someone is treated less favourably because one of their relatives has a disability this will amount to direct discrimination. Equally, if they are treated less favourably because of a perceived disability, this will be covered.

However, some business groups argued the new legislation will impose a heavy burden on employers at this difficult economic time. What do you think? Is discrimination law a luxury we can’t afford through the downturn? Have you faced discrimination in the workplace due to your disability or that of a family member?

You can view the starter guide produced by the Equality and Human Rights Commission on: http://www.equalityhumanrights.com/home/advice-and-guidance/equality-act-starter-kit/

Kind regards

Ashay

Insulting or informative?

2010-07-21T15:36:00.000+01:00

A television advert featuring blind footballers has not been taken off air following 1,000 complaints. The ad for Paddy Power depicts a visually impaired team and implies that a player accidently kicks a cat. Of the 1000 complaints 250 were on the grounds that the ad was, “offensive to blind people” and the rest related to potentially encouraging animal cruelty! While these numbers may paint there own picture on priorities from the Great British public the question must be asked, was the advert really offensive to visually impaired people? It featured genuine blind footballers many of whom had represented the national side. It was also supported by the manager of the England blind football team and Paddy Power argued that the ad promoted this lesser known sport as the 2010 World Blind Football Championship approaches.

What do you think? Insulting, informative or just a storm in a teacup? See the link below for more on this story and let SDEF know what you think!

Regards

Ashay

http://www.bbc.co.uk/news/uk-10709417

A new breakthrough for medical research?

2010-07-15T10:07:00.001+01:00

Stem cell research has always been a controversial issue, with benefits weighed against moral/ethical arguments. However, a new study by a team at Oxford University funded by the charity Parkinson’s UK will use skin cells from 1,000 Parkinson’s disease patients to grow new cells for research rather than the creation and destruction of human embryos.

If successful, could this offer a new breakthrough for medical research countering ethical concerns and delivering hope across a range of conditions? See further information on the link below and let SDEF know what you think:

http://www.bbc.co.uk/news/10622403

Regards

Ashay

Economic downturn - Families with disabled children hit harder?

2010-07-13T09:56:00.002+01:00

Recent news has reported that families with disabled children are facing particular hardship due to the economic downturn. Many have argued that the recent coalition budget statement and welfare reform programme have worsened the situation.

What do you think? Are the voices of disabled people and family members being taken into account?

See the link below for more info:

http://news.bbc.co.uk/1/hi/uk/8805957.stm

Regards

Ashay

2010-06-29T15:22:00.000+01:00

Dear all. Just wanted to say hi as SDEF’s new Network Development Officer! Now that I’m well settled in I hope to send more regular updates on the Network Development Project and how you can get involved. Look forward to meeting many of you in the near future if I haven’t already.

Kind regards

Ashay

Government

2010-05-19T13:40:00.001+01:00

Blog users are invited to post opinions on the new coalition government - how do you think it will impact people affected by disability?

Disability Pursuits

2010-04-23T10:36:00.002+01:00

Disability Pursuits is a visual arts exhibition taking place at Caithness Horizons in Thurso on 4th June, 2010.

The show aims to raise awareness of disability issues in Scotland and to promote a Disability Arts Forum. Disability Arts is concerned with expressing how disabled people see the world and also how the world sees disabled people.

After seven weeks in Thurso it will tour other venues including Shetland and Edinburgh.

There will be art and photography workshops in Thurso looking at issues of identity and body image by exploring self-portraits.

For more information, visit www.lypopdesigns.co.uk.

'Travelling with a disability hasn't got any easier'

2010-04-22T09:14:00.007+01:00

An article published in the Telegraph on 27th March argues that 'New EU legislation has done nothing to change the way disabled passengers - or their mobility equipment - are treated.'

With the spot light on air travel this week, we would be interested to hear about your experiences. Check out the article by copying and pasting this link into your browser and then have your say below...

http://www.telegraph.co.uk/travel/travelviews/7527128/Travelling-with-a-disability-hasnt-got-any-easier.html

Patients' Rights Bill

2010-04-14T10:27:00.002+01:00

The Scottish Government has made proposals for a new law giving patients rights and responsibilities in relation to their health care.

The Bill would give all NHS patients five main rights. These are as follows:
• Patients will have the right to receive treatment which takes account of their needs
• Patients will have a right that the treatment be to their optimum benefit
• Patients will have a right to be allowed and encouraged to participate in decisions about their health care
• Patients will have the right to be supplied with the information and support that is necessary for them to participate in their treatment
• Patients will have the right to raise concerns, make complaints and give feedback.

As well as having rights under the Bill, patients will also have responsibilities. These are firstly to take responsibility for their own health and wellbeing and secondly to behave appropriately with NHS staff.

Do you think giving patients rights and responsibilities is a good idea? Is there anything you think should be added the Bill? Or anything that seems inappropriate?

Fit Notes

2010-04-08T11:59:00.000+01:00

Employees off sick for longer than seven days will, from 6 April 2010, receive ‘fit notes’ instead of the traditional sick note from their GPs. The single revised Statement of Fitness for Work replaces Forms Med 3 and Med 5.

In the past GPs have either said that 'you should refrain from work' or 'you need not refrain from work'. The fit note offers a new option - 'may be fit for work taking account of the following advice'. Doctors will be able to recommend one of several courses of action, including amended duties, a gradual return to the workplace, reasonable adjustments or different hours.

The onus will then be on employers to help staff return to work in some capacity.

The change was implemented by the Department of Work and Pensions as part of a drive to help people stay in work and reduce the estimated £100bn a year that sickness leave costs the economy.

What do you think about this change in terms of its impact on people affected by disability?

Wheelchair User Groups

2010-03-23T13:46:00.000Z

Every health board in Scotland has a duty to set up a wheelchair user and carer group under the Wheelchair and Seating Service Modernisation Action Plan. And according to the Scottish Government, all NHS boards have already established a wheelchair user group, or are in the process of setting one up.

However, some of our members say that this is not the case in their area.

We’d like to know whether you have been involved in a wheelchair user group and what your experience has been like. Have you ever had problems with your wheelchair and felt like there was no-one to complain to? Do you think health boards have done enough to hear the views of the people who use their services more generally?

Barred!

2010-03-03T09:13:00.003Z

The Barred! Campaign was started in February 2009 by Mark Cooper, after he went to the pub for a pint with his mates but then couldn’t get into the loo.

He and his friends had to leave half way through their drinks and run about looking for another pub with a wheelchair accessible toilet, before Mark was caught short.

This was embarrassing for Mark and disruptive to his evening.

Rather than staying in and getting depressed Mark decided to campaign on behalf of other disabled people to improve the accessibility of pubs and clubs in Scotland.

Mark is not anti-pub, he loves them. He knows that the licensed trade is struggling at the minute and that adaptations can be expensive or impossible to make due to planning regulations and listed building restrictions.

He wants to work alongside the licensed trade and local authority license forums to improve accessibility of pubs and clubs where possible, and to get the right information out there to disabled people wanting to choose where to go out.

Why should disabled people be on the outside looking in?

Have you had or heard of a similar experience? Tell your story here on our blog.

For further information contact Mark Cooper on 0131 3471037 or mark.cooper@capabililty-scotland.org.uk

Support Barred! on facebook:
http://www.facebook.com/group.

Self-directed Support

2010-02-26T13:06:00.002Z

The Scottish Government is currently asking for opinions on its strategy on self directed support.

Self-directed support is about giving people greater choice and control over the kind of services and support they receive. This might involve better understanding of their care package or receiving payments to chose their own carers and services.

In its new strategy the Government has stated that, “Self-directed support must be available for all but imposed on no-one”. It also admits that ‘services and supports will have to continue to become much more flexible and responsive in the future’.

The plan is a long term strategy covering the next ten years. Some of the recommendations include:

• Clearer eligibility criteria for self-directed support
• Better education about self-directed support for social work, social care and in health training
• More coordinated local services to support better self-directed support

Do you think that this strategy is a good idea?

End of Life Assistance Bill

2010-02-15T10:04:00.004Z

Margo MacDonald MSP has proposed that the law should be changed so that certain people can legally be given help in ending their life. Her Bill is now being considered by the Scottish Parliament who will soon vote on whether or not it should become law. Under the proposal, people would have the right to get help ending their life if they have been diagnosed as terminally ill and they find life intolerable or they are permanently physically incapacitated to such an extent as they are not able to live independently and they find life intolerable. Do you think this is right or do you think giving people the right to die is morally unacceptable? Some of the comments we have had so far include the following.
"At then end of the day, this is a choice that everybody should be able to make themselves. I don’t want other people telling when I can and can’t end my life. It’s my choice. No-one else’s”
"To hear Margo MacDonald use the absence of independent living as an advocate for death and dying makes the blood of many disabled people run cold. Elements of Independent Living are now enshrined as “rights” under the UN Convention of Rights of Disabled People; it is the absence of such rights which makes life intolerable, not physical incapacity. It is quite wrong of people to think that being denied such rights to live, should give disabled people the right to be assisted to die."

Tweeddale Access Panel asks....

2010-02-04T09:14:00.001Z

How well does your local Council / NHS Trust support and involve your panel - if at all?

Direct Payments

2010-01-25T15:31:00.000Z

The Princess Royal Trust for Carers says that one third of people applying for Direct Payments in Scotland are dissatisfied with advice given to them by local authorities and are being put off from applying because of lack of information.

I don't think there is anything new there!

Welcome to the blog

2010-01-22T15:40:00.001Z

Welcome to the SDEF blog!

We hope you will find this a useful resource for sharing experiences, best practice and points of interest on the topic of disability equality.

Please email us at info@sdef.org.uk if you would like us to publish an entirely new post on a topic that interests you e.g. Direct Payments (as is posted above)

Happy blogging!