The Scottish Government

« Previous | Contents | Next »

Listen

2. ROLES AND RESPONSIBILITIES

2.1 SCOTLAND'S COLLEGES AND UNIVERSITIES

2.1.1 Colleges and universities are bound by the terms of a wide range of legislation. In relation to supporting students with additional needs, the following Acts are most relevant: The Further and Higher Education (Scotland) Act 1992, Further and Higher Education (Scotland) Act 2005, the Disability Discrimination Act 1995 (as amended by the Special Educational Needs and Disability Act 2001), and by the Disability Discrimination Act 2005) the Education (Additional Support for Learning) (Scotland) Act 2004 and the Race Relations Amendment Act 2000. Legislation outlawing discrimination in the other equality strands such as age, gender, religion and sexual orientation are also relevant as they place new duties on colleges and universities not to discriminate.

FURTHER AND HIGHER EDUCATION (SCOTLAND) ACT 1992

2.1.2 This Act sets out the powers of the governing body of a college or university. These include the provision of facilities to meet the needs of students who have learning difficulties.

2.1.3 It is a condition of grant that colleges and universities must comply with the terms and conditions of the Financial Memorandum between SFC and each institution. Within that Financial Memorandum, paragraph 16 states that:

"Respecting the primacy of the institution's own statutory and constitutional obligations, the governing body will ensure that:

(iii) public funds are used in accordance with relevant legislation and only for the purposes which they are given."

2.1.4 In addition, for colleges, it is a condition of grant that each college makes a clear statement for all its users of its policy regarding equality of opportunity for all students. This statement should be kept under review.

2.1.5 As public bodies, colleges and universities have duties under equalities legislation which ensure the prevention, elimination or regulation of discrimination between persons on grounds of gender or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.

FURTHER AND HIGHER EDUCATION (SCOTLAND) ACT 2005

2.1.6 The Scottish Ministers have a duty under the Further and Higher Education (Scotland) Act 2005 to provide support which allows colleges and universities to deliver further education and higher education. That duty covers the provision of resources to support the instruction for persons who have support needs. It also covers activity which prepares a person for participation in a programme of learning.

2.1.7 The 2005 Act defines a person as having "support needs" if he or she needs support for the purposes of overcoming a difficulty in learning, or a difficulty in participating in learning. The Act defines a 'difficulty in learning' and 'difficulty in participating in learning' as being where the person has significantly greater difficulty than the majority of other persons in the same age group.

EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (SCOTLAND) ACT 2004

2.1.8 The Additional Support for Learning Act gives a new focus on supporting all children and young people who may need additional support, for whatever reason, to benefit from school education. It makes provision for improving transition from school with a view to ensuring that there is a continuum of support for these young people. There is a duty on appropriate agencies namely NHS Boards, other services provided by the local authority, other local authorities, Further and Higher Education bodies and Skills Development Scotland to assist education authorities with preparation, planning and support for transitions from school for those pupils with additional support needs who would benefit from this extra help.

DISABILITY DISCRIMINATION ACT 1995

2.1.9 The Disability Discrimination Act 1995 (as amended by the Special Educational Needs and Disability Act 2001) makes it the responsibility of colleges and universities to ensure that students with disabilities are not discriminated against. The duties under the legislation are anticipatory and are therefore owed to disabled people and students at large, not simply to individuals. The former Disability Rights Commission's ( DRC), which is now known as the Equality and Human Rights Commission, Code of Practice suggests that colleges and universities should not wait until a disabled person applies to a course before thinking about what reasonable adjustments they should make. Instead, they should be continually anticipating the requirements of disabled people or students and the reasonable adjustments they could be making for them. A copy of the Code can be located at http://www.equalityhumanrights.com/en/publicationsandresources/Disability/Pages/Education.aspx

2.1.10 There are now four types of discrimination rather than three: victimisation, failure to make reasonable adjustments, disability related discrimination (which is less favourable treatment for a reason related to disability) and the new one for post 16 education: direct discrimination. This is less favourable treatment 'on the grounds' of disability, directly because of the disability. This is likely to particularly challenge the provider's stereotypical assumptions about a certain disability or impairment and its effects.

2.1.11 There is also no longer any justification or defence for the failure to make reasonable adjustments. This means that students can expect the right adjustment to be made as long as the request is reasonable. Adjustments include the provision of auxiliary 'aids' and services and alterations to physical features of premises. The principle behind the legislation is that disabled people should have the same opportunities as non-disabled people to benefit wherever possible from education.

2.1.12 The former DRC Code also provides examples and illustrations of how the Act is likely to work. The Code does not impose legal obligations, nor is it an authoritative statement of the law. However, the Code can be used in legal proceedings under the Disability Discrimination Act. Courts must take into account any part of the Code that appears to them relevant to any question arising in those proceedings. If bodies responsible for post-16 education or other related provision follow the guidance in the Code, it may help to avoid an adverse judgement by a court in any proceedings.

2.1.13 In understanding the Disability Discrimination Act (as amended) colleges and universities can also draw on the help and guidance offered in the Implementation Toolkit issued by SFC, in partnership with the then Scottish Executive and the Association of Scottish Colleges, which was published in August 2002. A copy of the toolkit can be located at http://www.sfc.ac.uk/information/info_circulars/sfefc/2002/fe3902/toolkit.pdf.

2.1.14 The Disability Discrimination Act does not override health and safety legislation. There might be instances when, although an adjustment could be made, it would not be reasonable as it would endanger the health and safety of either the disabled person or of other people. Health and safety legislation requires employers and persons concerned with premises to undertake risk assessments and produce a health and safety policy. As well as ensuring the health and safety of students and visitors, colleges and universities as employers must therefore also ensure the health and safety of their employees when making arrangements for supporting students with additional needs. The Scottish Further Education Training Unit ( SFEU) has established Access and Inclusion Forums which enable staff in colleges to share discussion and resource pages on current issues, hot topics and best practice. Health and safety in relation to the DDA is one such topic being discussed by the forum. Details of the discussions can be accessed from the Practitioners Plus website at http://www.ltscotland.org.uk/sfeucommunities/about.asp.

2.1.15 The Disability Discrimination Act was amended in 2005 and was extended to cover all functions of public authorities. In addition, a duty was placed on the public sector to promote equality of opportunity for disabled people. This duty requires colleges and universities, when carrying out their functions, to have due regard to the need to:

• promote equality of opportunity between disabled people and other people
• eliminate discrimination that is unlawful under the Disability Discrimination Act 1995
• eliminate disability related harassment
• promote positive attitudes towards disabled people
• encourage participation by disabled people in public life
• take steps to meet disabled people's needs, even if this requires more favourable treatment.

2.1.16 These elements make up the duty to promote disability equality and are also referred to as the general duty. Colleges and universities also have specific duties, placed on them by Scottish Ministers, which provide a clear framework to meet the general duty. Central to the specific duties is the requirement to produce a Disability Equality Scheme ( DES). A scheme should include:

• a statement of how disabled people have been involved in developing the scheme;
• the arrangements for assessing the impact of your activities on disability equality and improving these where necessary;
• an action plan for the delivery of disability equality;
• the arrangements for gathering evidence about your performance on disability equality and details of how it is to be used, particularly in reviewing the effectiveness of the action plan and reviewing and revising the scheme.

2.1.17 The former DRC's Code of Practice on the Disability Equality Duty provides useful information about the duty and how it can be implemented. Further information regarding equality and discrimination in education from the perspective of education providers can be found at the Equality and Human Rights Commission's website at http://www.equalityhumanrights.com/en/forbusinessesandorganisation/educationandtrainingproviders/Pages/default.aspx

THE RACE RELATIONS ACT 1976 AND THE RACE RELATIONS (AMENDMENT) ACT 2000

2.1.18 The Race Relations Act 1976, as amended, places a general duty on colleges and universities (among others) to ensure that all of their functions are carried out with due regard to the need to eliminate unlawful racial discrimination and to promote equality of opportunity between persons of different racial groups. Scottish Ministers have also placed specific duties on colleges and universities requiring them to:

• Prepare and publish a written policy on race equality;
• Assess the impact of its policies on students and staff of different racial groups;
• Monitor, by racial group, the admission and progress of students and the recruitment and career progression of staff;
• Publish annually the results of the assessments and monitoring.

2.1.19 Race discrimination is described at section 1 of the 1976 Act and falls into three parts: direct discrimination; indirect discrimination; and victimisation.

• Direct Discrimination arises when on racial grounds a person treats another person less favourably than he treats or would treat other people.
• Indirect Discrimination occurs when there is a condition or requirement which, although applied equally to people of different racial groups, has the effect that the proportion of a racial group that can comply is considerably smaller than that of another racial group that can comply. Such a condition or requirement is unlawful if it cannot be justified on non-racial grounds and if it causes a detriment to the person of the racial group that cannot comply.
• Victimisation is when a person treats another person less favourably than he treats or would treat other people because that person asserted their rights under the Act or helped someone else do so.

2.1.20 The Race Relations Amendment Act 2000 requires named public authorities to review their policies and procedures; to remove discrimination and the possibility of discrimination; and to actively promote race equality. It amends the Race Relations Act 1976, which makes it unlawful to discriminate against anyone on grounds of race, colour, nationality (including citizenship), or ethnic or national origin. Nothing is taken away from the 1976 Act, but the amended duties are more enforceable and include a positive duty to promote racial equality. In other words, public authorities, including colleges and universities, are required not only to address unlawful discrimination where it occurs, but also to be pro-active in preventing it from occurring.

2.1.21 Colleges and universities should also consider additional support needs which may arise as a result of the student's race, nationality, ethnicity and faith. For example additional support could be required due to language/linguistic needs or religious needs. Partnership Forums may wish to consider consulting equality bodies for their guidance and support.

EQUALITY ACT 2006

2.1.22 Among other provisions, the Equality Act 2006 outlawed discrimination on grounds of religion or belief in the provision of goods, facilities and services, education, the use and disposal of premises and the exercise of public functions. These provisions came into force on 30 April 2007.

EQUALITY ACT (SEXUAL ORIENTATION) REGULATIONS 2007

2.1.23 These Regulations contain measures prohibiting discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises and the exercise of public functions. They provide protection from sexual orientation discrimination that is on a par with the protection already provided on grounds of race and sex. The Regulations came into force on 30 April 2007.

2.1.24 The Regulations prohibit discrimination on the basis of a person's:

• actual sexual orientation;
• the sexual orientation he/she is thought to have and/or;
• the sexual orientation of someone with whom he/she is associated.

2.1.25 The Regulations outlaw both direct and indirect discrimination on the grounds of sexual orientation. Guidance on the new law was published by the UK Government on 30 April 2007 http://www.communities.gov.uk/publications/communities/guidancenew

THE SEX DISCRIMINATION ACT 1975

2.1.26 The Sex Discrimination Act 1975 ( SDA) prohibits discrimination on the grounds of gender against individuals in the areas of employment, education, and the provision of goods, facilities and services and in the disposal or management of premises. It also prohibits discrimination in employment against married people. Victimisation because someone has tried to exercise their rights under the SDA or Equal Pay Act is prohibited . The SDA applies to women and men of any age, including children.

2.1.27 There are some general exceptions to when sex discrimination is unlawful. The main exceptions are:

• When a charity is providing a benefit to one sex only, in accordance with its charitable instrument.
• When people are competing in a sport in which the average woman is at a disadvantage to the average man because of physical strength, stamina or physique.
• In insurance where the discriminatory treatment reasonably relates to actuarial or other data.

2.1.28 The Equality Act 2006 amends the Sex Discrimination Act to place a statutory duty on all public authorities, when carrying out their functions, to have due regard to the need to:

• eliminate unlawful discrimination
• promote equality of opportunity between men and women

2.1.29 This 'general duty' came into force on 6 April 2007. To support delivery of the 'general duty' there are also a series of specific duties which apply to many public bodies, including colleges and universities. These include the requirement to:

• Take into account any information it has gathered on the effect of its policies and practices on women and men;
• Conduct and publish gender impact assessments, consulting appropriate stakeholders

EMPLOYMENT EQUALITY (SEXUAL ORIENTATION) REGULATIONS 2003 AND EMPLOYMENT EQUALITY (RELIGION OR BELIEF) REGULATIONS 2003

2.1.30 These regulations outlaw discrimination on grounds of sexual orientation and on grounds of religion or belief in relation to employment and vocational training. The legislation specifically bans direct and indirect discrimination, harassment and victimisation. It came into force in December 2003.

THE SINGLE EQUALITY BILL

2.1.31 The aim of the Single Equality Bill is to consolidate, simplify and, where appropriate, to harmonise equality legislation that has been produced over the last 40 years.

2.1.32 It is expected that the Single Equality Bill will be introduced in the fourth Westminster Parliamentary session, 2008-2009, although this is now likely to be no earlier than January 2009.

2.1.33 The new Bill is likely to include a raft of measures such as:

• The introduction of a new Equality Duty on the public sector - this will bring together the three existing duties on race, disability and gender, and extend to gender reassignment, age, sexual orientation and religion or belief.
• Outlawing of age discrimination in the provision of goods and services.
• Requirement for transparency - in gender pay, ethnic minority and disability employment.
• Extension of positive action; and
• Strengthening enforcement - this may include extending discrimination cases to allow for representatives to take a case to court, and not just the victim.

2.1.34 An outline of the UK Government's proposals for the Equality Bill was published in June 2008: Framework For A Fairer Futurehttp://www.equalities.gov.uk/PDF/FrameworkforaFairerFuture.pdf

It published its response to the consultation in July 2008 which can be viewed at http://www.equalities.gov.uk/pdf/EqBillGovResponse.pdf

2.1.35 While equalities legislation is reserved to the UK Government, the wide remit of the Equality Bill has an impact on Scotland and the devolved functions, particularly through the public sector equality duties. These currently cover race, disability and gender. The UK Government proposes to expand these three strands to six, bringing in age, sexual orientation, religion or belief, and to bring these six strands into a single duty.

2.1.36 Equality Forward has produced a resource for universities and colleges to assist them as they move towards a Single Equality Scheme. This resource will provide institutions with a framework for a single equality scheme, in addition to providing support, information and guidance on the development of such a scheme. It also offers practical tools to help institutions think about planning for a single equality scheme, impact assessment, action planning and evaluation. The resource was published in January 2009 and is available on the Equality Forward website at http://www.equalityforwardscotland.ac.uk/resources/single_equality_scheme_framework.

2.2 LOCAL AUTHORITIES

EDUCATION

2.2.1 The Education (Scotland) Act 1980 places a general duty on education authorities to secure adequate and efficient provision of school education for their area, including provision for those with additional support needs.

2.2.2 The Education (Additional Support for Learning) (Scotland) Act 2004 introduced a framework for providing for children and young people who require some additional help with their learning. It aims to ensure that all children are provided with the necessary support to help them work towards achieving their full potential. There is no limit to the range of factors which may lead to some children and young people having a need for additional support. The concept of additional support needs is much wider and more encompassing than special educational needs. The Act places duties on education authorities to identify, address and keep under review provision for the additional support needs of every child who faces a barrier to learning.

2.2.3 The Act replaced the Record of Needs system and Future Needs Assessment process. It introduced the co-ordinated support plan ( CSP) to better co-ordinate the multi-agency input required to support the learning needs of those children and young people with the most extensive needs.

2.2.4 There are duties to provide mediation services and dispute resolution arrangements, and for matters to do with co-ordinated support plans there is the new Additional Support Needs Tribunal for Scotland.

2.2.5 Education authorities have to seek information and advice from appropriate agencies, including colleges and universities, which are likely to provide support to the young person when they leave school. This will be used by education authorities and other agencies to better plan and prepare the young person for post-school life. Authorities will then have to inform the other agencies of when the young person is about to actually leave school to ensure that a continuum of support is provided.

2.2.6 Where appropriate , no later than 12 months before the young person is expected to leave school, education authorities are required to have asked any appropriate agency for information about the provision that agency is likely to make for the child or young person after they leave school. No later than 6 months before the child/young person leaves school the education authority must pass on information to any appropriate agencies. Where an authority finds that a child or young person is expected to leave school within 6 months, then it must pass that information on as soon as is reasonably practical.

2.2.7 As a matter of good practice consideration should be given to starting these transition discussions significantly earlier than the 12 months specified in the Act for children/young people with more complex needs. It is likely that the transition arrangements for these children/young people will be more complex due to the nature of their support needs and will require significant liaison and planning with multiple agencies.

2.2.8 All parties involved in transition planning should be considering the long term pathway for the child/young person and remember that college or university is just one possible, although important, stage in the person's journey towards adulthood and independent living. Particular care should be given by all parties to discussing with the child/young person and their parents/carers about the college or university environment.

2.2.9 If a young person is intending to move into further or higher education it is important at these transition meetings to invite a representative from the college or university who can explain the requirements of the particular course the young person wishes to study and about the support arrangements which will be necessary for the young person to be able to undertake the course.

2.2.10 A supporting children's learning code of practice has been published by the Government to help local authorities and other agencies implement the Act and is available at: http://www.scotland.gov.uk/Publications/2005/08/15105817/58187.

2.2.11 Further information regarding the Act and the arrangements for supporting young people can be located via Enquire at http://www.enquire.org.uk/pcp/about.php. Enquire is the Scottish independent advice and information service for additional support for learning. It is managed by Children in Scotland and funded by the Scottish Government.

EDUCATIONAL PSYCHOLOGY SERVICE

2.2.12 Local Authorities provide an Educational Psychology Service which is available to support children and young people up to the statutory school leaving age and for those young people with additional support needs up to the age of 19. In 1999 the Beattie Committee Report (Implementing Inclusiveness: Realising Potential) recommended that vulnerable young people should continue to have access to educational psychological services to support transitions from school. Twelve Post School Psychological Services ( PSPS), building on, and delivered by, local authority educational psychological services, were established over 2004-2006 to demonstrate service delivery at local, cluster and strategic levels. This number increased to 20 over 2006-2007.

2.2.13More Choices, More Chances: A strategy to reduce the proportion of young people not in Education, Employment or Training in Scotland (2006) recommended roll-out to the remaining 12 local authorities. Scottish Ministers approved this final phase roll-out and funding was made available from April 2008 .

2.2.14 The aim of PSPS is to improve post-school transitions for young people through local, national and strategic partnership delivery by:

• identifying, developing and disseminating best practice;
• improving the understanding, skills and effectiveness of staff engaged in post-16 learning or training delivery; and
• complementing assessment and advice provided by learning providers and organisations such as Skills Development Scotland

2.2.15PSPS is currently supported by two Strategic Officers, seconded to the Scottish Government from 2 local authority educational psychology services (see Annex H for their report: A Psychological Contribution to Transition / Post School - Exemplars & Quality Improvement Indicators). Annex A contains two case studies which show how the PSPS works in partnership with colleges and other organisations.

SOCIAL WORK SERVICES

2.2.16 Local authorities in Scotland have a duty under the Social Work (Scotland) Act 1968 to assess the needs of the people within their area and decide, in the light of that assessment, whether or not the person needs any services. If in the course of that assessment it appears that the person is disabled, the local authority must also make a decision as to the need for any service identified in section 2(1) of the Chronically Sick and Disabled Person Act 1970. Unpaid carers are also entitled to an assessment.

2.2.17 Any decision to provide services should be based on a detailed assessment of a person's care needs taking his/her wishes into account. However, local authorities are also expected to ensure that the resources available are used in the most effective way to meet care needs. Staff from social work departments work closely with NHS staff such as doctors and nurses to assess care needs and draw up care plans.

2.2.18 To request an assessment, the person or their carer should contact their local social work department. The address and phone number will be in the local phone book. GPs' surgeries, local advice centres or libraries may also be able to help people find out how to contact the social work department.

2.2.19 When a person in receipt of care moves to another area, for example for the purposes of taking up a college or university place, this can lead to disputes about which local authority pays for the care. A consultation exercise on revised guidance is currently underway to clarify the position and this can be viewed on the Scottish Government website: http://www.scotland.gov.uk/Topics/Health/care/CrossCuttingIssues/ordresrootpage

2.2.20 If a person is assessed as being in need of a particular community care service, the local authority will then be under a duty to either provide or arrange the provision of that service. It will be open to the local authority to offer to make (self directed support) a direct payment to the individual in lieu of providing the service.

SELF-DIRECTED SUPPORT (DIRECT PAYMENTS)

2.2.21 The term 'direct payments', is commonly used inter-changeably with self-directed support. This historical definition focused on a system of delivery rather than the outcomes for individuals, and no longer fully explains the potential range of support.

2.2.22 Self-directed support provides social care in a way that enables disabled and older people to take more control of their lives and participate more within their communities. It enables individuals to direct the care or support they need to live more independently at home and can be instead of, or in addition to, services that might be arranged by their local authority. The home self-directed care can be used to support an individual in college or university. Most people use the money to buy support from a service provider or to employ a personal assistant.

2.2.23 Self-directed support is an opportunity to meet the assessed needs of the whole person in creative and flexible ways, for example, to assist with specific recovery needs for those experiencing mental health problems. The flexibility achieved is such that even those with the most complex and multiple needs can have self-directed support, using the Adults with Incapacity (Scotland) Act 2000 to safeguard their interests.

2.2.24 Councils have a duty to offer self-directed support if a person is eligible, but the person concerned doesn't have to take it if they don't want to. Self-directed support can be provided through the allocation of a budget, sometimes from more than one funding source. This is sometimes called an individual budget because it is for the person's sole use and to arrange for their support needs.

2.2.25 Uptake of self-directed (direct payment) support is steadily increasing each year. Self-directed support may be used to support an individual in college. At the local authority's discretion it could also be used to pay for tuition unavailable at college or university, for example private Braille tuition. The Scottish Government have produced a user's guide to self-directed support in Scotland entitled "Directing your own support" which can be found at http://www.scotland.gov.uk/217721.

2.2.26 This Act, and associated regulations and guidance, contains a number of specific duties and responsibilities towards looked after children, young people and care leavers. In particular it supports a corporate parent approach to ensuring that these young people are given every opportunity to achieve their potential. A short summary of key parts of the Act can be viewed at http://www.ltscotland.org.uk/lookedafterchildren/about/what/index.asp

COMMUNITY CARE AND HEALTH ACT (SCOTLAND) 2002

2.2.27 This Act extended joint working arrangements between local authorities and NHS bodies. The joint future agenda stresses the importance of a co-ordinated approach by local authorities and health services for joint assessment and care management of individual needs and joint planning, commissioning and delivery of services. In carrying out the single shared assessment, local authorities and health services should consult with relevant partners, including colleges, and universities, where the individual requires provision for their care needs to be co-ordinated with the college or university.

2.2.28 The Mental Health (Care and Treatment) (Scotland) Act 2003 came into force in 2005. This Act applies to people with a mental disorder, which the Act defines as people with a mental illness, personality disorder or learning disability (section 328.1), and who may require access to the types of care and treatment dealt with by the Act.

2.2.29 The Act 2003 places a duty on local authorities to provide, or secure provision of care and support to people with a mental disorder who are entitled to assistance to support and enable them to lead as normal a life as possible. This means that, wherever possible, they should be able to access a range of mainstream social, educational, employment, training and leisure opportunities.

2.2.30 To achieve this, local authorities will need to work with a wide variety of partners. As mental illness covers a wide spectrum of problems faced by people with varying degrees of illness it implies that a flexible approach is required to offer a range of options, which will meet people's needs. Increasing access to training related to an individual's needs, for example, in or through colleges and universities will be a significant part of this duty. Training is often a part of increasing employment options, either through helping people get ready for work, or through providing the support and skills needed to keep people in work.

2.2.31 Already many colleges and universities offer people with mental health problems opportunities for learning. The NHS, Social Work Services and voluntary agencies can be involved in sourcing the right course for the individual, assisting with the transition into education and providing educational support. To meet the requirements of the Act this type of practice will need to be continued and augmented.

2.2.32. The SFEU was funded by the Government's National Programme for Improving Mental Health and Well-being to develop a website which provides information and resources for college and university staff relating to student mental health and well-being, including how to promote positive mental well-being amongst the student population. This website can be located at http://www.ssmh.ac.uk/

2.2.33 There are a number of initiatives which colleges and universities are currently developing to help with mental health improvement. These included prevention initiatives such as developing staff training and guidance; enhancing central support facilities; developing drug and alcohol policies; employing wardens or organising peer support in student residencies; and promoting awareness of stress triggers and periods on increased vulnerability. There are also several initiatives for reducing the impact on academic learning such as addressing student reluctance to disclose, strengthening personal tutorial systems; and making reasonable adjustments.

2.2.34NUS Scotland has developed a proposal for improving and promoting the mental health and wellbeing of the student population. This work is being funded by the Scottish Government's Mental Health Division for the period 2008-11. Universities Scotland is developing a parallel proposal and it is anticipated that this will be submitted for consideration during 2009. Partnership working amongst organisations will be crucial for the success of these initiatives.

2.2.35 In 2007 the Scottish Government published Towards a Mentally Flourishing Scotland: the Future of Mental Health Improvement in Scotland 2008-11. This discussion document built on the first seven years of internationally recognised mental health improvement policy in Scotland, and suggested possible future work, to set direction and actions to 2011. Inviting comments, it outlined a vision of a Scotland where we all understand that there is no health without good mental health, where we know how to support and improve our own and others' mental health and wellbeing and act on that knowledge, and where our flourishing mental health and mental wellbeing contributes to a healthier, wealthier and fairer, smarter, greener and safer Scotland. It suggested that work might be taken forward through action on three main themes: promotion, prevention and support.

2.2.36 The wide range of comments received have been taken into account in developing an Action Plan (also to be called Towards a Mentally Flourishing Scotland), published in May 2009 and can be found at http://www.scotland.gov.uk/Publications/2009/05/06154655/0

2.2.38 The Adult Support and Protection (Scotland) Act 2007 introduces measures in relation to adults who are at risk from the many forms that harm can take, whether this is physical or psychological harm, neglect, sexual abuse or financial exploitation.

2.2.39 The Act defines 'adults at risk' as individuals, aged 16 years or over, who:

• are unable to safeguard themselves, their property, rights or other interests;
• are at risk of harm; and
• because they are affected by a disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others who are not so affected.

2.2.40 An adult is at risk of harm if:

• another person's conduct is causing (or is likely to cause) the adult to be harmed, or
• the adult is engaging (or is likely to engage) in conduct which causes (or is likely to cause) self-harm.

2.2.41 The Act places a duty on councils to make inquiries about an individual's well-being, property or financial affairs where the council knows or believes that the person is an adult at risk and that it may need to intervene to protect him or her from being harmed.

2.2.42 If an individual knows or suspects that an adult at risk is, or is likely to be harmed, is suffering from neglect or is being abused, then the local social work services have a duty to inquire. The aim of the inquiry is both to ascertain if an adult is at risk of harm and to establish if further action is required to stop or prevent harm from occurring. The Act emphasises multi-disciplinary and multi-agency working and the council must consult and/or work in partnership with other professionals, such as the police and health professionals etc. They will take the concerns seriously.

2.2.43 The Act provides for a number of actions that can be taken where it is found necessary to intervene to support or protect an adult at risk of harm. This could mean ensuring that the adult or any other person, such as a family carer, is provided with practical and emotional support, for example independent advocacy or health and social care services such as housing, independent living, occupational therapy, counselling and support for carers.

2.2.44 The Act also introduces a range of protection orders. These are: assessment, removal and banning and temporary banning orders.

2.2.45 The intention is to help identify and to support "adults at risk" and to achieve an appropriate balance between the rights of individuals to live their lives as they wish, to provide support to them when they need it, and to provide the means to reduce the risk of harm to adults. Further information may be obtained from: http://www.scotland.gov.uk/Topics/Health/care/VAUnit/ProtectingVA

2.3 NHS BOARDS

2.3.1 Under the NHS (Scotland) Act 1978, NHS Boards are responsible for improving the health of their local populations and delivering the health care they require. NHS Boards provide strategic leadership and have overall responsibility for the efficient, effective and accountable performance of the local NHS system. Each NHS Board is responsible for developing a single Local Health Plan to address the health improvement, health inequalities and health care needs of the local population.

2.3.2 As outlined in the local authority section above, the Community Care and Health Act (Scotland) 2002 extended joint working arrangements between NHS bodies and local authorities. The joint future agenda relies on a harmonised approach between the NHS and local authorities in the assessment and management of care.

2.3.3 In practice, this means that a single professional will carry out an assessment of an individual's need for community care services. In the past, an individual would have been assessed separately for their health and personal care needs. As indicated in the local authority section 2.2.3, the needs will be detailed in a care plan [Co-ordinated Support Plan ( CSP)] which the local authority is responsible for developing and implementing in partnership with the health board where health care needs have been identified.

The Scottish Government in April 2004, published guidance for establishing the responsible commissioner for an individual's care within the NHS. The arrangements within the guidance are intended to strike a balance between a coherent planned approach to service provision and responsiveness to individual patient needs. The guidance explains that NHS bodies are expected to work together to ensure that services are always provided in the best interest of the patient. It also provides useful information regarding the definition of 'usual resident' and 'temporary resident' and advice about accessing services such as Genito-Urinary Medicine ( GUM) clinics. A copy of the guidance entitled NHSHDL (2004)15 can be found at http://www.sehd.scot.nhs.uk/mels/HDL2004_15.pdf

2.3.5 A further support system that promotes multi-agency working is the formation of Community Health Partnerships ( CHPs). CHPs are intended to provide a focus for service integration for and promote

1. "Horizontal" integration with children's service partners, (i.e. education, social services, youth and community, justice and voluntary sector).

2. The "Horizontal" integration with health service partners (i.e. primary care, community health and secondary care)

3. the "Vertical" integration with specialist mental health services (through local, regional and national networks)

2.3.6 Within each local area there is also a Health and Social Care Partnership which comprises of the local authority and the local health board. Further information and contact details about these partnerships can be found at http://www.jitscotland.org.uk/supporting-partnership/partnerships/

2.3.7 It may be worth considering contacting these other Health Partnership Forums to establish joint partnership working arrangements.

2.4 SKILLS DEVELOPMENT SCOTLAND

2.4.1 From April 2008 Skills Development Scotland ( SDS) brought together Careers Scotland, the Scottish University for Industry (Sufi) and the skills and training functions of Highlands and Islands and Scottish Enterprise. SDS will deliver comprehensive information, advice and guidance for careers and learning as well as extensive support for skills development for people of all ages. www.skillsdevelopmentscotland.co.uk/

2.4.2SDS, in conjunction with others, will help enable young people to realise their potential so that they can contribute to and benefit from economic growth. It will help to inspire and enable all young people to develop a lifelong enthusiasm for learning, career planning skills and a strong understanding of and support to access the various routes into and through employment, education and training.

2.4.3SDS offers a universal information, advice and guidance service to all young people from 12 years old but will target services to ensure it offers the right support to those young people who face specific barriers to achieving their potential; who are at risk of becoming or who remain disengaged. This could include young people who are looked after, both at home and away from home; care leavers; young people with disabilities or health challenges; young carers and young people within the Criminal Justice system, etc.

2.4.4SDS has partnership arrangements with each school and further education college outlining the range of services both will offer. SDS, with each college, is developing a more strategic, targeted approach to support for students within further education including students with additional support needs. Through School-College collaboration activity, SDS continues to enable young people to make well informed learning decisions about vocational learning/Skills for Work courses.

2.4.5SDS works with colleagues in Scotland's Universities to promote learning opportunities in higher education. It encourages wider access to higher education for individuals from all backgrounds through participation in dedicated projects and special HE/ FE events.

2.4.6SDS works with a range of partner organisations to support the transition process. To facilitate the effective sharing of information between agencies, SDS, in consultation with a wide range of agencies and the Scottish Government has developed Individuals in Transition: A Framework for Assessment and Information Sharing. The Framework has been widely circulated to a number of agencies. Further information is available from: Julie-Anne Jamieson, Head of Quality Assurance at julie-anne.jamieson@careers-scotland.org.uk

2.4.7 As a new organisation, SDS is currently undertaking a review of its business delivery across the organisation. It will fully engage with a range of stakeholders and partners as part of this process.

2.5 NON-STATUTORY SERVICES AND THE VOLUNTARY SECTOR

2.5.1 Voluntary organisations and other agencies, for example training providers, are in close touch with people who require particular forms of support and are well placed to identify their changing needs. They play an important role in providing support to individuals and organisations and in encouraging social inclusion. Services to students include direct support, provision of information and advice, advocacy and practical support. Services to colleges and universities are designed to build capacity to respond to students' additional support needs and include staff development, consultancy and the provision of equipment.

2.5.2 Skill Scotland: National Bureau for Students with Disabilities is a national charity which promotes opportunities for people with all kinds of disabilities in post-16 education, training and the transition into employment. Skill Scotland is a resource of expertise and advice for all disabled learners and those who work to support them.

2.5.3 Skill Scotland produces a wide range of publications which provide valuable information on issues such as funding, the Disability Discrimination Act, examination arrangements, advice for careers staff, provision for young people with complex needs and many more. The Skill Journal is produced three times a year, and a range of Skill books and free online information booklets are available.

2.5.4 Skill Scotland also runs periodic conferences to enable discussion and sharing of best practice on key issues, and provides training on the Disability Discrimination Act and other related issues. Skill Scotland's information and advice service includes online resources at www.skill.org.uk, and a Freephone Helpline, tel/text: 0800 328 5050, Monday-Thursday 1.30-4.30 pm. They can also be contacted by e-mail at admin@skillscotland.org.uk.

LEAD SCOTLAND

2.5.5 Lead Scotland is a national voluntary organisation which enables disabled adults (16+ school leavers) and carers to access education and lifelong learning opportunities. Lead's community-based support of learning extends choice to individuals who may need additional support to develop confidence as independent learners.

2.5.6 Lead's local organiser offers a home visit to provide educational guidance and the development of an individual learning plan. Lead focuses on providing support with the learning process, for example one-to-one support at home, loan of accessible ICT equipment, and such other interventions as may be appropriate. The learning process is monitored and reviewed to identify any gaps or re-negotiate the action plan. Lead involves 200 trained volunteers in service delivery and works in partnership with a variety of local agencies to affect the package of support needed by the disabled individual.

2.5.7 Lead also supports carers to access learning, recognising the barriers carers face in accessing mainstream provision. Unless there is a funding constraint for a specific project, Lead operates no upper age limit in respect of supporting disabled learners or carers.

2.5.8 Lead works in partnership with colleges, universities, community learning staff and local learning centres, offering continuity of support for as long as appropriate, to individuals progressing into mainstream provision. Lead can offer additional home-based support with learning to increase the likelihood of course retention, for example during or after a period of ill health. Lead Scotland also acts as advocate for the learner with the education/training partner to ensure transition is a positive experience for all concerned.

2.5.9 Lead offers consultancy and training to external agencies and has a track record in building staff capacity to develop inclusive learning opportunities.

2.5.10 Lead Scotland has offices in Edinburgh and Inverness; and local services across Scotland (see www.lead.org.uk or e-mail enquiries@lead.org.uk or tel: 0131 228 9441 for up to date information).

Case Studies - Role of Lead Scotland in community learning

2.5.11 BRITE stands for Beattie Resources for Inclusiveness in Technology and Education. It was established following the recommendations of the Beattie Report to help drive the inclusiveness agenda forward and is playing an important role in improving support for students with disabilities and additional support needs in colleges. It is a resource designed to equip staff with the skills they need to assess and support students effectively. BRITE focuses on four key areas:

• The provision of advice and information about assistive and enabling technologies and their use in the support of learners
• The design and delivery of a range of staff development programmes. This builds the capacity within colleges to identify ways in which assistive technologies and other strategies can be effectively used to support students and to make the curriculum more accessible to learners with a wide range of needs.
• The development of services which facilitate the efficient provision of technological aids to students with additional support needs in further education.
• Involvement in the accreditation of assessors and the quality assurance of needs assessment practices.

2.5.12 Every college has at least one member of staff participating in the BRITE training and development programme. These staff act as a link between BRITE and their college and can borrow assistive technology for evaluation with students, as well as cascading relevant information and advice to other college staff.

2.5.13 The BRITE Centre can be contacted on 0131 535 4756 or by visiting their website at http://www.brite.ac.uk

ENABLE SCOTLAND

2.5.14ENABLE Scotland is charitable organisation run by its members. It campaigns for children and adults with learning disabilities and supports them and their families to participate, work and live in their local communities. It operates across Scotland and in most areas has local managers who work alongside individuals and their families to design and develop the services that people want.

2.5.15 Amongst the services Enable Scotland provides for young people with disabilities is supported employment services. Working in partnership with colleges, Enable Scotland has provided employment development workers to work with student services teams within colleges to help students make transitions to employment. Reid Kerr College, Paisley and Telford College, Edinburgh are two examples of colleges who have benefited from this service.

2.5.16 Enable Scotland's national office is in Glasgow as well having as local offices across Scotland. (see www.enable.org.uk or e-mail enable@enable.org.uk or tel: 0141 226 4541 for up to date information)

2.5.17 Remploy ( www.remploy.co.uk) is a specialist employment services group which provides disabled people, people with a health condition and those who face complex barriers to gaining a job with the support they need to find sustainable employment. Remploy offers advice, pre-employment training, employment opportunities and support for disabled people and people with a health condition and advises employers on issues surrounding recruitment and retention in the workplace.

2.5.18 Partnership underpins the delivery of all Remploy's activities. It works with partners at a national, regional and local level from the public, private and voluntary sectors. In the education sector in Scotland, Remploy has to date developed partnerships with Anniesland College and Jewel & Esk College, working in co-operation on education, training, life long learning and establishing a range of routes into sustained employment for students with additional support needs.

Partnership Agreement

This Partnership Agreement establishes an agreed framework for co-operation between Remploy and Jewel and Esk College on education, training, life long learning and pathways into sustained employment for learners with learning difficulties and disabilities ( LLDD).

The general principles upon which this partnership is based are the maintenance of good working relations for the mutual benefit of both parties, underpinned by good communication, close working relationships, networking, respect and trust. This will assist both organisations in the effective delivery of the public services for which both parties are responsible to the benefit of the users of those services.

In particular the parties will agree to

• communicate regularly through named link staff about major national issues which will impact on each organisations delivery agenda and programme for LLDD candidates
• share information about strategic planning processes and developments in order to maximise coherence and minimise any potential overlaps
• consider, where appropriate, priorities for joint working and tendering for external funding
• ensure where possible that each organisation/representative body has a presence at key strategic conferences and events.
• create opportunities to share best practice across the two organisations in order to improve the delivery of effective support to LLDD candidates into sustained employment
• positively promote each others services to 3 ^rd parties
• communicate about referrals

This agreement is not intended to constrain either Remploy's' or Jewel and Esk Colleges' freedom to operate within the fields of education, training, lifelong learning, or the transitional pathways to sustained employment for LLDD candidates.

It is also not intended to constitute a legally enforceable contract or to create any rights or obligations which are legally enforceable, and is intended to be binding in honour only.

Signed:

ORGANISATION: Remploy

Registered office: Remploy Limited, Stonecourt, Siskin Drive, Coventry CV3 4JF. Registered number 394532 (England)

COMMUNICATION FORUM SCOTLAND

2.5.19 The impact of communication difficulties wider than those resulting from sensory impairment are often little understood. This 'hidden disability' can have a profound affect on the ability of people to participate fully in education and employment.

2.5.20 Communication Forum Scotland ( www.communicationforumscotland.org.uk) is an alliance of organisations working with service providers to highlight the diversity of need and to help them to put communication support into practice in their own activities. The Forum has developed 'Talk for Scotland: a practical toolkit for engaging with people with communication support needs'. This brings together key principles and practical advice useful for all service providers. The toolkit is available free at http://www.communicationforumscotland.org.uk/talk-for-scotland.html

2.5.21 Afasic Scotland, a member of Communication Forum Scotland, works on behalf of young people with speech, language and communication impairments ( SLCI). These young people have spiky IQ profiles, with significant differences between performances in verbal and non-verbal areas. Their difficulties with speech and language can mask these other abilities and achievement in Secondary School rarely reaches what might have been expected. ² Afasic is working with Careers and Colleges to maximise their opportunities post-school.

THE FRANK BUTTLE TRUST

2.5.22 Founded in 1937 and operational since 1953, the Frank Buttle Trust is the largest UK charity providing grant aid solely to individual children and young people in desperate need. For over half a century, the Trust has helped many thousands of vulnerable children, young people and families throughout the United Kingdom. This includes grants to students.

2.5.23 The Frank Buttle Trust also awards a Quality Mark to higher education providers who can demonstrate that their commitment to care leavers is embedded in their strategic policy framework, and can show how they will implement and monitor their commitment. Institutions need to apply to the Trust to be considered for the Quality Mark.

Further information can be found at http://www.buttletrust.org

2.6 MULTI-AGENCY WORKING

2.6.1 The increased use of multi agency support for students with additional support needs sometimes means that the boundaries for roles and responsibilities previously discussed have to be flexible in order to meet the needs of the learner, particularly if the learner has complex needs. The establishment of formal Partnership Forums can help to ensure that all partners are aware of their roles and responsibilities and adapt these to suit their local environment

2.6.2 In order to achieve effective multidisciplinary working a number of crucial elements need to be considered. These included:

• the need for joint training for staff;
• appropriate staff support and resources; and
• monitoring and evaluation of integrated working.

2.6.3 A research project was funded by Learning Connections to develop and explore the potential for enhancing literacies learning for adults with learning difficulties by engaging with their systems of care and/or support. The research highlighted that carers and support workers need to be aware of the ways in which they can nurture an individual's literacy development and that closer partnership working between providers of literacy programmes and those providing care and support is essential to bring these strands of development together.

2.6.4 Another key finding of the report was that the positive experience for learners seemed to arise from instances where their learning could be developed within a network of different people, all of whom were aware of how they could support the learning. Again Partnership Forums could facilitate discussions about joint staff training in order to ensure that everyone supporting the learner is contributing towards the development of the learner's independence and general well-being. Further information about this research can be found at http://www.scotland.gov.uk/Publications/2007/11/13115549/0

2.6.5 Partnership working that depends on personal connections between individual care and learning workers is inherently fragile. Effective working requires management and institutional commitment and support. Effective practices might, for example, be to include partnership working arrangements within job descriptions or line management responsibilities.

2.7 EQUIPMENT AND ADAPTATIONS GUIDANCE

2.7.1 Following Audit Scotland's report Adapting to the Future: Management of Community Equipment and Adaptations ³, the Scottish Government has been taking forward a review of guidance on the roles and responsibilities in relation to community equipment and adaptations. This new guidance will include agreed interpretations of current guidance and legislation along with examples of good practice. The guidance will also seek to promote better joint working in the provision of equipment and adaptations. As part of this review, a shared vocabulary has been developed to seek clarity on the most commonly used (and mis-used) terms. A copy of the shared vocabulary can be accessed at http://www.scotland.gov.uk/Topics/Health/care/EandA/SharedVocabulary A Government consultation document on the provision of equipment and adaptations by health and local authorities can be viewed at http://www.scotland.gov.uk/Publications/2008/12/03120911/0

2.7.2 Work was also undertaken, in partnership with Scottish Healthcare Supplies, to develop the equipment safety information distribution system and the incident investigation and reporting service for local authorities. This service covers 'medical devices' which includes all products, except medicines, used in healthcare for the diagnosis, prevention, monitoring, treatment and management of illness or disability. It includes items such as wheelchairs, walking frames, bathing and showering equipment, commodes and special chairs. All bulletins and details of how to report an incident are available on their website at http://www.shs.scot.nhs.uk/index_frames.htm

« Previous | Contents | Next »