1 Definitions of these terms can be found in the Glossary.
2 Work on this area will contribute to fulfilling the objectives set out by Disability Rights Commission (2005) Putting disability at the heart of public policy in Scotland and also the Disability Equality Duty that came into force in December 2006 as part of the Disability Discrimination Act 2005. Additionally, by meeting the duty, authorities will also be contributing to the achievement of the Scottish Government's Closing the Opportunity Gap objectives for tackling poverty and disadvantage.
3 Office for National Statistics (2000) Psychiatric morbidity among adults living in private households, London: Office for National Statistics
4 Department of Health (2001) Valuing People: A new strategy for learning disability for the 21st century, London: Department of Health
5 Scottish Executive (2006) Response to Care 21 Report: The future of unpaid care in Scotland. Available at www.scotland.gov.uk/Publications/2006/04//20103316/0
6 Scottish Executive (2004) Local Government in Scotland Act 2003: Power to Advance Wellbeing Guidance, Edinburgh: Scottish Executive.
7 Scottish Executive (1999) Social justice: A Scotland where everybody matters, Edinburgh: Scottish Executive.
8 Department of Work and Pensions (Data from 28 February 2006)
9 As the term 'mental disorder' is not in common use amongst services, people using services tend to object to it. It does not bring to mind a segment of provision so this document will use the clearer, if somewhat ungainly, convention of listing the three labels (mental illness, learning disability and personality disorder) except where specifically quoting the Act.
10 The term 'personality disorder' is not in common use in social care services and few areas have distinct services targeting people with this diagnosis.
11 People with mental health issues and those working in mental health services are increasingly referring to 'recovery'. This is much broader than the elimination of symptoms, as shown by the story in the box at the end of this chapter and in the following definition:
Mental health recovery is an on-going journey of healing and transformation that involves: (1) reclaiming a sense of meaning, hope and a positive sense of self; (2) managing one's mental health to reduce the impact of distressing symptoms or experiences and achieve a higher level of wellness; and, (3) reclaiming roles beyond being a user of services in the mental health system.
Ridgway, P (1999) Deepening the recovery paradigm: Defining implications for practice: A report of the Recovery Paradigm Project.
Whilst the Mental Health Act does not use the term 'recovery', the duties set out in the Act undoubtedly call for action that will increase opportunities for people to accomplish these three things.
12 Available at www.scottishrecovery.net
13 From section 1.34 of the Disability Rights Commission Code of Practice on the Duty to Promote Disability Equality'.
14 Scottish Executive, (2005) A Vision for the Voluntary Sector: The next phase of our relationship, Edinburgh: Scottish Executive
15 Part 1, Section 1, Paragraph 4 of the Mental Health Act requires action to be taken in a manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances.
16 Communities Scotland (2005) National standards for community engagements, Edinburgh: Scottish Executive
17 Office of the Deputy Prime Minister (2004) Mental Health and Social Exclusion, London: Office of the Deputy Prime Minister.
18 Putnam, R (2000) Bowling Alone: The collapse and revival of American community, New York: Simon and Schuster
19 Scottish Development Centre for Mental Health (2005) Building Community Wellbeing Edinburgh: Scottish Executive
20 Communities Scotland (2004) Community Regeneration Fund:Guidance on Regeneration Outcome Agreements, Edinburgh: Scottish Executive
21 Data on working age employment rate from the Annual Population Survey, Scotland, 2004. These figures compare mid-points of the 95% confidence levels. Figures show that only 4% of people with learning disabilities are in open employment and many of these work for less than 16 hours a week. See www.scotland.gov.uk/Publications/2006/05/22101802/6
22 Scottish Executive (2006) Workforce Plus: an Employability Framework for Scotland, Edinburgh; Scottish Executive
23 Scottish Executive (2006) More Choices; More Chances: A Strategy to Reduce the Proportion of Young People Not in Education, Employment or Training in Scotland, Edinburgh: Scottish Executive
24 Scottish Executive (2004) Healthy Working Lives: a plan for action, Edinburgh: Scottish Executive
The document sets out the vision for the contribution that the workplace can make to health improvement and reducing inequalities.It also identifies a series of practical first steps to offer employees and potential employees the prospect of enjoying and benefiting from Healthy Working Lives.
25 Office of the Deputy Prime Minister (2004) Mental Health and Social Exclusion, London: Office of the Deputy Prime Minister.
26 Scottish Executive (2004) Closing the Opportunity Gap. Edinburgh:Scottish Excecutive
27 Office of the Deputy Prime Minister (2004) Mental Health and Social Exclusion, London: Office of the Deputy Prime Minister.
28 Scottish Executive (2003) The Lifelong Learning Strategy for Scotland, Edinburgh: Scottish Executive
29 Bates, P (2002) A Real Asset: A manual on supported volunteering, Manchester: National Development Team.
30 Clark, S (2003) You cannot be serious: A guide to involving volunteers with mental health problems, London: National Centre for Volunteering.
31 As part of the Disability Equality Duty within the Disability Discrimination Act 2005, public authorities, when carrying out their functions, must have 'due regard' to the need to encourage participation by disabled people in public life.
32 Communities Scotland (2005) National standards for community engagement, Edinburgh: Scottish Executive
33 For mental health data see www.mentalhealth.org.uk/page.cfm?pagecode=PEPRPH and for learning disability see Espie, C, Curtice L, Morrison J, Dunnigan, M, Knill-Jones, R and Long, L (1999) The role of the NHS in meeting the health needs of people with learning disabilities, University of Glasgow for the Scottish Executive.
34 Scottish Executive (1999) Eating for Health: A Diet Action Plan for Scotland, Edinburgh: Scottish Executive
35 Scottish Executive (2003) Let's make Scotland more active: A strategy for physical activity, Edinburgh: Scottish Executive
36 The voluntary sector provides services, volunteering opportunities and advocacy. Linking with this sector will also will also contribute to the Scottish Government's Vision for the Voluntary Sector and meet the principles of the Scottish Compact and the Scottish Government's Volunteering Strategy.
37 Myers, F, McCollam A and Woodhouse A (2005) Equal Minds Edinburgh: Scottish Development Centre for Mental Health -Office of the Deputy Prime Minister (2004) Mental health and social exclusion: Social Exclusion Unit Report, London: Office of the Deputy Prime Minister
38 Section 26, Mental Health (Care and Treatment) (Scotland) Act 2003
39 The local authority has a positive duty to promote equality: in race (The Race Relations Amendment Act 2000), in disability (Disability Discrimination Act 2005) and in gender (Equality Act 2006). See, for example Disability Rights Commission (2006) The Duty to Promote Disability Equality: Statutory Code of Practice, London: Disability Rights Commission.
40 The most obvious link is with the Disability Equality Scheme 2006, published in December 2006, by the Scottish Executive which sets out arrangements for delivering the diability equality duty. As part of the scheme, all public bodies (including local authorities) are required to report annually on: the steps they have taken to fulfil the general duty; the results of the information gathering that they were required to carry out as a result of the scheme; and the use they have made of the information they have gathered.
41 Chapman, J (2004) System failure, London: Demos
42 People with a mental illness, learning disability or personality disorder should be fully involved in all these decision-making processes.
43 Part 1, Section 1, Paragraph (3)(c) of the Mental Health Act underlines the need to ensure that, unless it can be shown that it is justified in the circumstances, the patient is not treated in a way that is less favourable than the way in which a person who is not a patient might be treated in a comparable situation. By contrast, and unlike other anti-discrimination legislation, the Disability Discrimination Act 2005 allows public bodies to treat disabled people more favourably than others.