DISABILITY WORKING GROUP

Discussion papers for Disability Working Group, Satellite Group 3

Thursday 23 June 2005, 9.30-12.30

Capita Centre, Saint Andrew's Square, Edinburgh

Background papers attached as follows:

Discussion paper to Disability Working Group, Satellite Group 3

CIVIC PARTICIPATION NOTE

Civic Participation Research Team, Scottish Executive.

Purpose

1. This note provides existing guidance for Scottish Executive policy teams on consultation good practice and a summary of recent research on civic participation activity undertaken by the Scottish Executive. The note is intended as background information contributing to the development of policy recommendations for the promotion of equality of opportunity for people with disabilities.

Consultation Good Practice Guidance

2. The Scottish Executive Consultation Good Practice Guidance (GPG) provides practical advice and information to SE teams on all aspects of carrying out a consultation exercise. The guidance on consultation methods is not intended to be prescriptive; instead it is designed to prompt staff to consider a full range of issues and options when deciding how to consult.

3. The aim is to encourage better consultation not more consultation. Consultation should be:

• Fit for purpose: How teams consult should be appropriate for the issue under consideration and the needs of the audience.
• Honest: the context should be clear (e.g., whether particular decisions have already been taken, whether particular options are already ruled out).
• Open and inclusive: The exercise should be appropriately advertised and consultation methods should be suitable for all target groups.
• Transparent: Information should be provided which allows people to follow and understand the consultation and policy process and any decisions taken.
• with other SE policy areas.
• A 2 way process: Good consultation requires appropriate input from the consulter and consultees. For consultation teams this will include providing sufficient information at the outset to allow people to contribute effectively; it also requires feedback on the process and outcome, at appropriate stages of the exercise.
• Part of an ongoing process: It is important to build on existing links and to capitalise on new contacts made as a result of a specific exercise.

4. The guidance has been drawn up taking account of the views and experiences of SE staff and stakeholders. The guidance will continue to evolve in response to feedback from staff and external parties, and as we learn from our own and other's continuing experience in this area of work. The GPG will be updated regularly to incorporate the latest available advice.

5. A summary of the GPG is available on the internet at the following address:

http://www.scotland.gov.uk/Topics/Government/FOI/19260/18512

6. Consultation practice is supported by the following systems:

• Consultation Registration and Evaluation System (CRES). A database of all Scottish Executive consultation exercises providing brief details about each exercise.
• Scottish Executive webpage provides information on forthcoming, current and closed consultation exercise and links to consultation materials and outputs.

http://www.scotland.gov.uk/Consultations/Current

• SEConsult: a weekly email alert system allowing people to register and receive information on newly launched exercises.

http://www.scotland.gov.uk/Consultations/seConsult

Civic Participation Research

7. In January 2005 the Scottish Executive commissioned The Research Shop to gather basic information on public participation activity pursued across the Scottish Executive.

The research has two linked aims:

• To review published literature to identify how the public have been involved in policy development of large public bodies, in particular what worked when engaging people.
• To map public participation activity undertaken across the SE in 2004 (contributing to policy development and aimed at facilitating participation more widely).

The findings from the literature review and the mapping exercises are not yet available, however, a summary of the main findings will be published on the Scottish Executive website this summer.

Literature review

8. Among the main findings concerns were raised regarding difficulties in engaging with particular groups such as minority ethnic communities, older people, younger people, local business people and those living in rural locations. Two main approaches to tackling under representation were observed. These were taking positive action to build a level playing field for participation and undertaking especial exercises tailored to particular groups.

9. Although many people who have participated in civic participation in Scotland felt that their contribution has been listened to by policy-makers, others were not sure what has happened to their input and if it has affected policy. A lack of evidence on what works when involving people in policy making was evident, including what affect it had on the decision making process.

Mapping civic participation activity

10. This comprehensive review revealed the Scottish Executive conducted 273 activities contributing to 191 policy initiatives in 2004. A broad range of participative activities were identified with the written consultations identified as the most common form of participation (39%). Innovation was evident in the development of traditional methods in written consultation and the combining of methods. The most common aims of the activities were to seek views on policy options (51%). The most commonly targeted groups were public bodies (50%), Professional Bodies (37%) and the public (34%) with gaps identified in engaging with members of the public and minority groups.

11. 84 capacity building activities were identified from 1999 to 2005 with the majority aiming to creating more opportunities for involvement (38%).

12. The research showed that evaluation is not widespread although nearly half of those who participated in the survey indicated that they intended to evaluate their exercise. This reflects

The findings from the literature review which highlighted a general lack of assessment and systematic evaluation of civic participation activity.

Useful information sources

Some other useful sources of further information include the following:

The Equality Unit:

http://www.scotland.gov.uk/mainstreaming/?pageid=403

http://www.scotland.gov.uk/Topics/People/Equality

Assessment of innovative approaches to testing Community Opinion http://www.scotland.gov.uk/cru/innovative

SE Good Practice Guidance: Consultation with Equalities Groups

http://www.scotland.gov.uk/library5/social/gpgs-00.asp

Full report available http://www.scotland.gov.uk/library5/social/gpgc-00.asp

Involve is an initiative currently run by a small team within the Environment Council who are conducting two programmes of work, Understanding and Assessing Participatory Processes and Mapping the Participation Sector. This site may provide a useful insight into public participation, http://www.involving.org/index .

International Association for Public Participation helps organisations and communities around the world improve their decisions by involving those people who are affected by those decisions, check their website for further information: http://www.iap2.org/

Communities Scotland have developed a 'How to guide' in relation to community engagement, http://www.communitiesscotland.gov.uk/Web/Site/Engagement/community_engagement.asp

Save the Children Scotland (2001) Reaction Consultation Toolkit

Children in Scotland (2003) Consulting with Children and Young People on Accessibility Strategies

SE (2002) Building Strong Foundations: Involving People in the NHS

The SE Civic Participation Research Team can be contacted at Consultationqueries@scotland.gsi.gov.uk

Scottish Accessible Information Forum

SAIF supports the rights of disabled people and carers to have access to timely and accurate information to meet their needs.

SAIF aims to improve the provision of information to disabled people and carers and make information more accessible to everyone who needs it. Rather than being forced to rely on others, disabled people should receive information directly and in their preferred format.

SAIF was set up as a result of the Enabling Information report, published by the Scottish Office in 1995. SAIF is funded by the Scottish Executive, employs two part-time project workers, and is based in the Scottish Consumer Council. The SAIF advisory body is made up of 21 people drawn from disability-led organisations and information providers.

SAIF has:

• Produced the SAIF Standards for Disability Information and Advice Provision in Scotland, and a range of supplements to that publication.
• Established Update, the new national disability information service.

SAIF is:

• Supporting and developing the SAIF Standards.
• Working with local authorities and others to encourage the development of local accessible information strategies.
• Producing further guidance material to promote accessible information.
• Promoting the development of accessible web sites.
• Providing what support it can to any agency interested in improving the accessibility of its information services.
• Acting as an advisory body to the Scottish Executive.

SAIF PUBLICATIONS

• SAIF Standards for Disability Information and Advice Provision in Scotland . (First published 1999, reprinted 2001 & 2003.

First revised edition published 2004) (A4 82 pages)

ISBN 0-9546700-1-9

• Barrier Free Information - How To Develop Your Local Accessible Information Strategy - A practical Guide for Local Authorities and Others (2004, A4 16 pages)

ISBN 0-9546700-8-6

• Scottish Formats Resource (2003, A4 106 pages)
• A Brief Guide to Part 3 of the DDA (2004, A4 8 pages)

ISBN 0-9546700-0-0

• Making Information Accessible (A3 poster, 2004)
• Making Websites Accessible (2003, A4 32 pages)

ISBN 0-9543408-0-9

• Guide To User-Led Service Reviews (2003, A4 20 pages)

ISBN 0-907067-89-1

• Is Your Business Attractive to Potential Customers and Employees Who Are Disabled People? (2004, A4 4 pages)
• An Opportunity for National and Specialist Organisations to Distribute and Share Information More Effectively

(2004, A4 4 pages)

• What Disabled People Should Be Able To Expect From Disability Information And Advice Services

(2000, A5 12 page booklet).

• Using An Information Or Advice Service

(2000, reprinted 2002)

(Easy-to read, incorporating graphics, A5 12 page booklet).

NOTES

The above publications can be provided in other formats and languages or downloaded from our Website. They are free. Multiple copies are available. They can be copied, in whole or in part, providing the source is quoted.

For copies of any of the publications, or more information about SAIF, contact:

SAIF, Scottish Consumer Council, Royal Exchange House,

100 Queen Street, Glasgow, G1 3DN.

Tel: 0141 226 5261 Fax: 0141 221 0731 Text: 0141 226 8459

E-mail: info@saifscotland.org.uk Web site: www.saifscotland.org.uk

Scottish Council on Deafness

"Wider Communication Issues"

- a discussion paper for the Disability Working Group

This paper will only highlight issues of communication that concern the whole range of Deaf Sign Language users, deafened, deafblind and hard of hearing people in the event* of terrorist attack, power cut or other emergencies.

Such emergencies* include:-

• Terrorist attack**
• Nuclear Power Station - leakage & decontamination
• Decontamination of water supplies (remember the Burncrooks diesel spillage)
• Bacteria in water supplies (e.g. cryptosporidium parasite in the Mugdock reservoir))
• Sarin gas in an Underground train
• Power Cuts
• Floods & other extreme weather conditions
• Bomb scares

(** the UK Government had produced a series of information materials including a BSL video and set up a website "Preparing for Emergencies - what you need to know" - this is fine but what happens for real? How can deaf people know when there is a real emergency when they cannot receive or hear radio broadcasts?)

Communication problems affecting deaf*** people are as follows:

(*** 'deaf' cover the full range of deaf and deafblind people with a hearing loss)

• Verbal information via loudspeakers on vans or other vehicles in streets ( even hard of hearing people will find it difficult to hear this because of background noise and the message may be given too quickly or gabbled)
• Radio broadcasts
• Unsubtitled TV broadcasts
• Lack of signed TV broadcasts
• Teletext messages may be too difficult to understand
• No friendly neighbours or no relatives or friends living nearby to alert deaf people

How to get round this problem? There is one possible solution - NHS Greater Glasgow (through a Deaf Health Promotion Officer) piloted a project of imparting emergency messages via a variety of telecommunication methods (e.g. fax, SMS, e-mail, teletext TV) to a range of deaf people a few years ago. There had been positive feedback from deaf people and NHS Greater Glasgow had been talking to the Scottish Executive about this pilot but nothing happened since.

Other communication issues are the Scottish Executive's publicbroadcasts and NHS HealthScotland's adverts (e.g. drink and drive, smoking, etc), which are usually subtitled - this is great for those who can read and understand English. But what about those deaf people whose first language is BSL? What about those deaf people from ethnic minority groups whose first language is not English? What about those deaf people with learning difficulties? Therefore these adverts/broadcasts should be signed as well as subtitled - after all the UK Government recognised BSL as a language in its own right (March 2003). The government should show its commitment to this recognition by having all its public broadcasts signed - this will set an example for the public and private sectors to follow.

There has been an increasing number of food and health alerts like the contaminated dye in foodstuffs, salmonella, e-coli, listeria, pandemic flu and avian flu in the recent months. So far, nothing has been done by the government to ensure that deaf people and people with learning difficulties get and understand what these alerts mean to them.

Finally, it has been noticed that in other countries sign language interpreters were prominently shown on TV news broadcasts. For example, in the case of a hurricane in Texas in 2004, a Sign Language Interpreter was standing beside Jeb Bush, Governor for Texas who was advising the Texans to leave their homes, etc. Why has the British Government and the Scottish Executive not followed this example?

Lilian Lawson

SCoD

17 June 2005

The Scottish Executive Equalities Unit

Disability Working Group Satellite Group 3

Papers in advance of 23rd June 2005 meeting

Stuart Aitken, Sense Scotland

Visual environments and communication: the impact of legislation on data protection, confidentiality and child protection

Many disabled children, young people and an increasing number of adults require a 'visual environment' to support them to communicate, for example using symbols or line drawings instead of speech and text, Photos and videos might form part of that visual environment. Where photos are used to support communication it is possible that some of the photos will be of other people. Public bodies generally adopt blanket policy frameworks to sharing pictures of people in view of concerns about data protection, confidentiality and child protection. Such policies almost universally do not take account of concerns on supporting disabled people's communication.

The Executive should request public bodies to describe what arrangements they are making to ensure that, on the one hand confidentiality is protected and images not used by anyone and everyone; while on the other hand, if pictures and images are the main means for disabled people to communicate, this is straightforward to do.

Examples of using visual environment to communicate include a child using photos to show likes and dislikes. Whichever way photos are being used the issue of consent is raised. In some cases where photos are available the person might be able to communicate; without photos communication may be far less effective or even not be able to take place.

The most effective approach to ensure that public bodies take account of concerns on visual environments is to address inter-agency arrangements at a strategic planning level. This would apply for example when introducing policies and procedures on:

• the use of photos and videos;
• when designing consent forms for photo and video use;

A balance is needed in decision-making, evaluating both the advantages of such media for interaction and communication, and the possible disadvantages of them being circulated more widely.

Communication and consultation

We understood that the topics of communication and consultation were to be interpreted more broadly than are reflected in the minutes of the meeting of Satellite Group 3. We discuss these separately below while observing that communication and consultation are closely linked.

Communication

Both the Equal Opportunities Commission of the Scottish Parliament and the Scottish Executive Equalities Unit accept and promote a wide-ranging view of the participation of disabled people in society. We welcome this but note that limiting consideration of communication to information sharing will exclude many disabled people from this participation.

Not all disabled people communicate through speech, writing, reading, sign language or braille and the agenda should promote taking seriously the communication support needs of all disabled people. The views of people who cannot express their thoughts through speech, sign or other linguistic means are largely not represented and do not contribute to policy making. If the agenda for action is inclusive of all disabled people, and we assume this is the intention, then points of entry are needed for people with more complex communication support needs.

Already there are examples where local authorities and other public bodies have moved beyond compliance (or taking reasonable steps) and acted in a more proactive manner. [1] Agenda shaping should encourage public bodies to ensure that the processes associated with them do reflect an openness to how individual disabled people communicate.

If needed the following alternative definition of communication may be helpful:

Communication is a process of interaction that makes possible the exchange of ideas, feelings, messages, and information. It enables social contact as well as getting the message across. Communication includes speech as well as writing or reading text but it is more than this. Smiling, laughter, pointing at a toy, exchanging pictures or symbols, screaming and shouting - these and others are all forms of communication.

Actions

The agenda for action should encourage that all staff are open to the many different ways that disabled people may communicate.

Consultation

Any proposals on consultation should be informed by:

1. An inclusive definition and understanding of involvement, participation and consultation. Significant advances have emerged within the policy environment, and these should inform actions, for example:

• The change in legislative framework following ratification by the UK of the UN Convention on Children's Rights, in particular Articles 12 & 13 and the requirement to seek and take account of the views of children and young people in matters that affect them. Legislative that followed has included for example: Children (Scotland) Act 1995; Standards in Scotland's Schools etc. Act 2000; Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002; Additional Support for Learning (Scotland) (Act) 2004.
• Changes in legislation relating to disabled adults. For example, the Adults with Incapacity Act 2001 has an essential principle that adults may have capacity to make decisions in some areas of their lives though not in others.
• The ASL (Scotland) Act (see above) uses the terms 'capacity' and 'incapacity' rather than capable versus incapable. As a result involvement and participation are opened up to the context or situation in which a decision is being made, rather being about whether a disabled person can or cannot contribute.

2. An awareness that those disabled people whose views are most likely to be heard, to be sought by policy makers and service developers, and to be taken account of, are those who are most able to articulate their case. Those least likely to inform public policy and how public services should respond to their support needs are people who are least able to make their views known independently i.e. those with communication support needs. The more complex the person's communication support needs are the less likely will it be that their views are sought. Perhaps not surprisingly, this group is the one most likely to require services. For several reasons it is important that their views are sought and taken account of. These include:

• People with communication difficulties are most likely to receive several different services e.g. attending a learning base or special school (education); short break services, holidays, summer activity schemes (social work services); specialist health services e.g. speech and language therapy (SaLT), child development centre based paediatric services, hospital based paediatric services (health).
• Unless special efforts are made their views do not influence policy and service development. Decisions are made for them and about them and thereafter they are not asked what they think about any changes in, or developments of these services. Even a snapshot of their feelings about the services they receive can help to design more effective and efficient services.

3. Current legislation is already increasing awareness that:

• In order to express views, people need to have experience of being asked for their views, being listened to, making some choices and having some influence over what they do. Service settings should create a climate where seeking views and encouraging participation in decision-making are part of every day activities.
• Some disabled people will be able to express themselves clearly and directly. All they may need are the opportunities to do so. Others may need support with communication. Very few will be unable to express a view at all. Public bodies may have to make specific arrangements to seek out the views of some people; for example, those with complex communication support needs; those who require an interpreter who or whose first language is not English. But it is just as important and relevant for them to have their views listened to as it is for those who can more easily express views. A range of approaches will need to be considered to determine their views including, for example, the use of alternative or augmentative communication systems, including signing, the use of interpreters, and seeking out the views of others such as family members, social workers and other professionals who know the disabled person.

4. Development of a culture of involvement, participation and consultation that embraces a range of methods suited to person and purpose, for example:

• Moving away from one-off consultation exercises, and towards mechanisms that embed a culture of participation. Unlike other exercises in consulting people it cannot be dipped into on occasion, when a particular issue arises on which views are to be sought. For it to become a reality it needs to be embedded in practice, not just in one service but across all services the person comes into contact with.
• An understanding that a range of methods may be needed so as to involve, listen to and consult with people who are less able engage in formal consultation measures.

Actions:

1. Equalities Unit adopt an inclusive interpretation of what consultation means.

2. In order to express views, people need to have experience of being asked for them, being listened to, making some choices and having some influence over what they do. Service settings should create a climate where seeking views and encouraging participation in decision-making are part of every day activities.

3. Individual services should ensure a context in which they expect people to be consulted; that views given can be seen to lead to actions taken; and that the implications of views obtained from one setting can be communicated across other settings.

4. Service developments should consider how their findings and methods will integrate with other services. The results of someone being consulted in one area of public service can then inform other services as well as help identify areas of unmet needs.

5. SE should set up and maintain a website of good practice on involvement, participation and consulting for involving children, young people and adults with communication support needs. [2]

6. Amend a familiar clarion call to: 'nothing about us without us, even when it is difficult to take me with you'.

[1] The Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 specifies a duty to improve communication with disabled pupils and to improve the accessibility of information. Communication is more than simply transfer of information.

[2] See Aitken S & Millar (2004) Listening to Children 2004. Book and CD of downloadable materials.

See Aitken S & Millar (2002) Listening to Children with communication support needs. Two books and video.

Discussion paper to Disability Working Group, Satellite Group 3

DISABILITY - SCHOOL EDUCATION- UPDATE ON RECENT DEVELOPMENTS

1. Key Legislation and Policy

(i) Mainstreaming - Section 15 of the Standards in Scotland's Schools etc Act 2000

• The intention behind the mainstreaming duty is to establish the right of all children and young persons to be educated alongside their peers in mainstream schools unless there are good reasons for not doing so.
• However, it also specifically allows for education to be provided elsewhere, if either, mainstream schooling is unable to meet a child's needs, or where their inclusion would be incompatible with the education of other children.
• It will always be necessary to tailor provision to the needs of the individual child, and to make available a range of mainstream and specialist provision, including special schools, to meet the needs of all children

(ii) The Disability Discrimination Act (1995)

• Now applies to schools and it imposes duties on local authorities which make it unlawful to discriminate, without justification, against disabled pupils and prospective pupils, in all aspects of school life. The principle behind this legislation is that wherever possible disabled people, should have the same opportunities as non-disabled people in their access to education. These duties cover admissions and exclusions, and education and associated services.

(iii) The Disability Discrimination Act (2005)

• The new duty to promote equality of opportunity for disabled people, introduced through the Disability Discrimination Act 2005, will extend to all public authorities. We are currently considering draft regulations with Equality Unit colleagues and the impact on education authorities and schools.

(iv) Education (Disability Strategies and Pupils' Educational Records) ( Scotland ) Act 2002

• Aims to improve access for pupils with disabilities to all aspects of school life. Local authorities had to produce accessibility strategies by April 2003, and then implement them. Strategies generally cover a three year cycle. The strategy must consider how to improve access over time in three ways: improving access to the curriculum, physical access, and improving access to information and communication for pupils with disabilities. Guidance was issued to local authorities in September 2002 on how accessibility strategies should be prepared and implemented. A report on lessons learned from the first round of accessibility strategies was issued in December 2003.
• As part of Continuous Professional Development (CPD) for school staff, training/awareness programmes are available on Disability issues/implications/

(v) The Education (Additional Support for Learning) ( Scotland ) Act 2004

• ASL Act due to commence on 14 November 2005. It introduces a number of measures to support parents and ensure that education authorities identify, meet and keep under review, the additional support needs of each child and young person for whose education they are responsible. It will improve co-ordination and communication between authorities and agencies. We are currently developing a new Code of Practice which will set out how the new system will operate. The aim is for the final version to be ready by the end of August 2005.
• Definition of additional support needs- 'A child or young person has additional support needs for the purposes of this Act where, for whatever reason, the child or young person is, or is likely to be, unable without the provision of additional support to benefit from school education provided or to be provided for the child or young person'.

2. Statistics

• As from 2005, the Scottish Executive (ScotXed) will collect data which will give information on the number of disabled pupils, and if the child has been assessed as requiring access to the following adaptations - physical, curriculum and communication.
• From 2006 onwards, the Executive will collect data to support implementation of the Education (Additional Support for Learning) (Scotland) Act 2004. This is likely to include the nature of additional support and why required, and data on those pupils who have Individualised Educational Programmes (IEPs) and co-ordinated support plans (CSPs).

3. Funding to support pupils with additional support needs and disabilities

With regard to resources, the Executive is providing significant additional funding to education authorities and schools to help them develop their inclusive practice. For example in 2005-6:

• £8.4 million in 2005-06 for specific training of classroom staff and educational psychologists to support pupils with additional support needs and disabilities
• £25 million from the Inclusion Programme - to help support authorities include pupils with additional support needs and disabilities in mainstream schools
• £17 million for implementation of Accessibility Strategies to improve communication and access to curriculum and school.
• £9.5 million for implementation of the Education (Additional Support for Learning) (Scotland) Act 2004.

4. Other Central Funding

• In 2004-2007, over £4.7 million has been awarded to voluntary organisations to specifically support children and families with additional support needs and disabilities. This includes the Scottish Sensory Centre and CALL Centre. They both provide a national service of support, advice and training to professionals and parents working with pupils with visual or hearing impairment (SSC), and language and communication difficulties (CALL). We also funded Playback (a voluntary organisation) to produce an Equality in Diversity Training Video Resource Pack to stimulate and promote discussion on disability issues.
• In addition, the Executive supports 7 grant aided special schools.

5. Initial Teaching Education (ITE) Review

Review of (ITE) Stage 2 has recently been published. Key points are -

• It recommended a number of actions to be undertaken by all stakeholders -Executive, local authorities, teacher education institutions and General Teaching Council for Scotland. The Executive will arrange a number of events across Scotland to raise awareness of this report and the challenges faced. Progress will be monitored and reported upon by the National Continuing Professional Development (CPD) Advisory Group which has an overarching role in overseeing the whole continuum of professional development from ITE, through induction and on into career-long CPD.
• Key challenge is to ensure that new teachers leave university and their probation fully equipped with the skills and qualities they need to help shape the future generation of ambitious, confident Scots
• The areas where new teachers feel most exposed include the very areas of teaching which are the most challenging and stretching to all in the profession - matters relating to pupil behaviour and dealing with additional support needs/disabilities. Teachers, whatever their experience, need to be able to maintain and enhance their professional skills in these areas on a regular basis. In that regard, the needs of newly qualified teachers are therefore not unique. However, it was recognised that there is more work that can be done in relation to new teachers to make sure they are better supported in these important areas of teaching, through ensuring a better structure of professional learning and development, through ITE and Induction into further CPD in their early years in the profession.
• Education Minister wants the National Continuing Professional Development Team to work with stakeholders to develop a CPD framework to guide new teachers during the early years of their career - to be available by autumn 2006.

6. Other Executive Initiatives and Publications

• In November 2004 the Scottish Executive published A Curriculum for Excellence which sets out the purposes and principles for education from 3-18 in Scotland. The aspiration for all children and for every young person is that they should be successful learners, confident individuals, responsible citizens and effective contributors to society and at work. The role of education for citizenship and its cross curricular nature will be one of the issues at the heart of the ongoing work on the curriculum review. Actions include broadening the range of learning experiences for young people, achieving a better balance between academic and vocational subjects and offering more choice to meet the needs of individuals.
• Learning and Teaching Scotland are producing a paper Focussing on Education for Citizenship - A Paper for Personal Reflection. The publication is intended to stimulate critical thinking about education for citizenship in early education centres and schools. The paper identifies the key issues for schools managers and teachers to consider, makes reference to good practice taking place and indicates where further information and support can be found. This paper is likely to be issued later in the year.
• In February 2005, the Executive produced the National Review of Guidance 'Happy, Safe, Achieving their Potential: standards of personal support in Scottish schools' which sets out the means by which education authorities and schools provide support to all pupils.

Discussion paper to Disability Working Group, Satellite Group 3

FURTHER AND HIGHER EDUCATION IN SCOTLAND - PEOPLE WITH DISABILITIES OR ADDITIONAL SUPPORT NEEDS

1. Introduction

1.1 The Scottish Executive is committed to ensuring that everyone has the chance to learn regardless of their background or personal circumstances. Our policy of widening access to further and higher education is breaking down barriers to participation faced by disadvantaged groups. Social justice and inclusion are key themes of our policy development.

1.2 There are currently 45 Further Education Colleges (although the number is reducing as colleges merge) and 21 Higher Education Institutions across Scotland. Both further education colleges and higher education institutions are bound by a range of legislation which gives students with disabilities or in some cases, additional support needs, the right not to be discriminated against in further or higher education.

2. The Legislative Framework

Further and Higher Education (Scotland) Act 1992

2.1 Scottish Ministers have a duty under Section 1 of the Further and Higher Education (Scotland ) Act 1992 to secure adequate and efficient provision of further education in Scotland and to have regard to the needs of people over school age who have learning difficulties. When the Scottish Further Education Funding Council (SFEFC) was established in 1999, they took over day to day responsibility for that duty. SFEFC is the statutory body responsible for distributing funds to secure adequate and efficient further education in Scotland.

2.2 Section 12(3) of the 1992 Act requires the Board of Management of a further education college to have regard to the needs of people over school age who have learning difficulties. A person with learning difficulties is defined in the Act as:

• A person who has significantly greater difficulty in learning than the majority of persons over school age; or
• A person is suffering from a disability which either prevents or hinders the use of educational facilities of a kind generally provided for the persons in colleges of further education

2.3 Upon commencement of the Further and Higher Education (Scotland) Act in October 2005, the above duties will be repealed. The new duties on Ministers and the Funding Council are explained below.

Further and Higher Education ( Scotland ) Act 2005

2.4 The Further and Higher Education (Scotland) Act 2005 allows for the creation of the new Scottish Further and Higher Education Funding Council and sets out new duties on Ministers and the Council with regard to further and higher education in Scotland.

2.5 Under the Act, it is the duty of the Scottish Ministers to provide support for the provision of further and higher education by further education colleges and higher education institutions. Ministers will do this by making grants to the Council and by any other means as they consider appropriate. Section 5 of the Act defines further and higher education provision that will be supported. Provision for people with "support needs" is included within this definition.

2.6 Section 7A of the Act states that a person has "support needs" if the person needs support for the purposes of overcoming a difficulty in learning, or a difficulty in participating in learning, which the person has.

2.7 A person has a difficulty in learning if the person has significantly greater difficulty in learning than the majority of other persons within the same age group as the person; and a person has a difficulty in participating in learning if the person has greater difficulty in participating in learning than the majority of other persons within the same age group as the person.

2.8 Students experience barriers in accessing and participating in learning for many reasons and may therefore require support. Such a barrier may arise from factors relating to social, cognitive, emotional, psychological, linguistic, disability (physical or mental) ethnicity or family care circumstances.

2.9 Section 20 of the Act requires the Council to have regard to the educational and related needs (including support needs) of learners, and those who might want to become learners, at a further education college or higher education institution.

Disability Discrimination Act 1995 (as amended)

2.10 The Disability Discrimination Act 1995, as amended by the Special Educational Needs and Disability Act 2001, makes it the responsibility of further education colleges and higher education institutions to ensure that students with disabilities are not discriminated against. The duties under the Act are anticipatory and are therefore owed to disabled people and students at large, not simply to individuals. Further education colleges and higher education institutions are expected to be continually anticipating the requirements of disabled people and students and the reasonable adjustments they could be making for them.

2.11 According to the Act, discrimination can occur in two ways:

• When a responsible body treats a disabled person less favourably, for a reason relating to their disability, than it treats, or would treat, a person without that disability and when that treatment cannot be justified; and
• When a responsible body fails to make a reasonable adjustment when a disabled person is placed, or is likely to be placed, at a substantial disadvantage.

2.12 Adjustments by further education colleges and higher education institutions include the provision of auxiliary aids and services and, from September 2005, alterations to physical features of premises. The principle behind the Act is that disabled people should have the same opportunities as non-disabled people to benefit from education.

Disability Discrimination Act 2005

2.13 The Disability Discrimination Act 2005, builds and updates on the 1995 Act. It contains measures to introduce a public sector duty to promote equality for disabled people. Scottish further education colleges and higher education institutions have a duty to promote equality under the new Act.

2.14 The Act sets out general duties which require colleges and universities, when carrying out their functions, to have regard for the need to eliminate unlawful discrimination and harassment and also to promote equality of opportunity between disabled persons and other persons by improving opportunities for disabled people.

2.15 The new duties do not override other legislation or responsibilities - colleges and universities will have to take a reasoned and reasonable view of how their activities can affect equality and take action to comply with the duty.

2.16 The Act gives Scottish Ministers the power to impose specific duties on Scottish authorities, which they consider appropriate for the purpose of ensuring the better performance of the general duties, further education colleges and universities are likely to have specific duties placed on them by Ministers.

Education (Additional Support for Learning) (Scotland) Act 2004

2.17 The Additional Support for Learning Act will give a new focus on supporting all children and young people who may need additional support to benefit from school education. It makes provision for improving transition from school with a view to ensuring there is a continuum of support. There will be a new duty on appropriate agencies to assist education authorities with preparation, planning and support for transitions from school for pupils with additional support needs who would benefit from this extra help. Further education colleges and higher education institutions have been designated as appropriate agencies.

3. Policy Context

3.1 Since 1999, a range of policy initiatives have been aimed at improving support for students with disabilities or additional support needs in further education.

3.2 The Beattie Committee, which reported in 1999, made a number of recommendations aimed at improving support for young people in further education. £4.5 million was invested over 3 years to allow colleges to develop their inclusiveness strategies and participate in staff training and development opportunities. A key aspect of this work was the development of the BRITE (Beattie Resources for Inclusiveness in Technology and Education) Centre and associated initiative. BRITE is a resource for the further education sector which focuses on improving inclusiveness through good teaching and learning strategies. Staff from all colleges have taken part in a four unit training and development programme.

3.3 In January 2005 the Executive published Partnership Matters, a Guide to Local Authorities, NHS Boards and Voluntary Organisations on Supporting Students with Additional Needs in Further Education. Partnership Matters recognises that for some young people, participation in further education is only possible when a package of support is put in place. Partnership Matters focuses therefore on setting out the statutory roles and responsibilities of colleges, social work departments and NHS Boards in the provision of such support and encourages partnership working to provide the best support for the individual. Although the document does not refer to Higher Education Institutions, it applies equally to them. We will shortly be issuing the document to all HEIs.

3.4 The Scottish Higher Education Funding Council (SHEFC) has funded a range of projects including a national Coordinator for Disability since 1995 and the Scottish Disability Team since 2001-02. Funding has also been allocated to HEIs to appoint institutional disability coordinators. The Teachability project produced resources to assist staff to ensure their teaching and learning is accessible to learners with disabilities.

3.5 The Funding Councils will shortly publish a comprehensive review of widening participation. The document will set out the agenda for the coming years with an action plan and a range of measures against which to measure future progress.

4. Participation in Further and Higher education

4.1 Participation in further and higher education is at an all time high. In academic year 2003-04 there were over 467,000 enrolments in further education colleges and there are over a quarter of a million people participating in higher education courses in Scotland. Almost 50% of Scots will participate in higher education by the time they are 21.

4.2 5% of students aged 30 and under in HEIs in 2002-03 reported that they have a disability. In colleges, 6% of students aged 30 and under in 2003-04 reported that they have a disability. Although there is no definitive data on the proportion of people in Scotland with a disability, data from the Census suggests that the percentage of people aged 30 and under with a disability might be in the region of 6%-9%.

5. Future Policy Developments

5.1 The Executive plans to launch a new consultation paper later this month "Finding Practical Solutions to Complex Needs". We are aware that a small but significant number of young people with complex additional support needs may be unable to access appropriate further education provision in Scotland. Many of these young people then apply to attend specialist further education provision outside Scotland and seek funding from their local authorities to do so. Young people, their parents and various organisations have highlighted to us that current arrangements may prevent the most disadvantaged young people from accessing any further education provision. This consultation seeks to explore current arrangements and to consider how provision might be made in future.

CLAIRE KEGGIE

SE ETLLD: Higher Education and Science Division

14 June 2005

Discussion paper to Disability Working Group, Satellite Group 3

TRAINING

This paper provides some discussion of "training". The group had previously discussed training in a wide sense, incorporating quite distinct issues - the provision of, and access to, job related vocational training courses; and disability equality training.

This paper provides a brief background to the current position on job related training. It then discusses what might be meant by disability equality training and what approaches might be needed to understand more fully the current position.

1. Job related training

Background

Disabled people often have few or no educational qualifications, which places a significant obstacle on their path into employment. Low educational attainment often translates into low skills and hence low employability. In addition disabled people can require support in the form of equipment, transport, structural changes to their working environment or support workers.

Policy on job search and support is reserved to the UK Government. However, policies on education and training provision are devolved leading to a complex interplay of agencies and partnership working.

Training providers include further education colleges, local enterprise companies, voluntary sector organisations, local authorities and private companies. The range of vocational training courses on offer is vast - there are now 951 SVQ titles available (Scottish Qualifications Authority, March 2005).

Access for disabled people

The Disability Discrimination Act 1995, as amended by the Special Educational Needs and Disability Act 2001, makes it the responsibility of further education colleges and higher education institutions to ensure that students with disabilities are not discriminated against. The duties under the Act are anticipatory and are therefore owed to disabled people and students at large, not simply to individuals. Further education colleges and higher education institutions are expected to be continually anticipating the requirements of disabled people and students and the reasonable adjustments they could be making for them.

The recent amendments contained in the Disability Discrimination Act 2005 extend the DDA to cover the Scottish Qualifications Authority. This is a significant step, placing a duty on SQA not to discriminate against disabled people, and to make reasonable adjustments for disabled people, across all its functions. In addition, the new public sector duty to promote equality for disabled people in the Disability Discrimination Act 2005 will cover to all public sector providers of education and training including schools, colleges, universities and local authorities.

Specific Government programmes have also been developed to assist people to access training. Many are closely linked to employment such as training for work. And many are specifically designed to assist disabled people to access both training and subsequently jobs. In addition, Government schemes operate to provide information for disabled people on the availability of training.

UK Government initiatives designed to help disabled people find work include the Jobcentre Plus Disability Services, the New Deal for Disabled People and Pathways to Work

Other approaches being taken in Scotland to assist young disabled people to access training and employment opportunities include:

• Implementation of Beattie recommendations aimed at improving post-school transitions:
• Funding and mainstreaming of Careers Scotland key worker services;
• Continuation of Inclusiveness funding to build capacity across the FE sector;
• Local Authority Post-School Psychological Services Pathfinders (PSPS).
• Tailored, flexible programmes for those needing additional support e.g. New Futures Fund, Get Ready for Work

2. Disability Equality Training

Disability Equality Training - what is it?

An increasing number of trainers treat disability as an equal opportunity issue. They will almost exclusively view disability as the restrictions placed by society on people with impairments or a medical condition. They will probably talk of disabled people as being people "disabled by society". They will aim to show the role the organisation can play, as part of society, in removing these restrictions or barriers. They will include an element of "awareness" within their training - customer care etiquette and appropriate language for instance. It is highly unlikely that they will use simulation exercises, except perhaps as a means of illustrating particular barriers. This is because, as with race and gender training, they generally believe such exercises can never give someone a real idea of what it is like to be treated as different and not equal.

Training, particularly with an equal opportunity approach, might include exploring these factors: the various "models" of, or approaches to, disability; how the attitudes of society towards disabled people are formed; the barriers disabled people face in society; disabled people's struggle for equality in its historical perspective; and parallels with other groups facing discrimination.

The position in Scotland

We have been unable to identify any research which has looked at disability equality training in Scotland. Basic questions remain unanswered such as - what is the identified need for disability equality training; who currently provides it; what is the content; what standards are there and how are those standards assessed?

Anecdotally we know that there is a need for disability equality training. And the new duty on the public sector to promote equality for disabled people is likely to increase the demand. We also know that many organisations offer disability equality training - but we know little about the content or quality of what is provided.

Where to next?

There is a clear view that disability equality training is important and that organisations have a need for it. The changing framework of disability legislation and in particular the new legal requirements on access (October 2004 DDA) and the new duty on the public sector to promote disability equality are driving the need for training. However, there is little information about the current position or how future needs might be identified and met.

Possible courses of action could include:

• Mapping the current provision
• Assessing current and future need
• Research on different approaches and their impact
• Consideration of standards and accreditation
• Consideration of disability equality training alongside race equality training or equality training in its broadest sense

Scottish Executive

Equality Unit

June 2005

Discussion paper to Disability Working Group, Satellite Group 3

DISABLED PEOPLE CITIZENSHIP AND PUBLIC LIFE

Sally Witcher June 2005

This paper presents some discussion points on citizenship and public life and some figures about disabled people's participation in policy-making bodies. It also suggests some ideas of current initiatives, and issues that might be worth considering when formulating recommendations.

1. What is citizenship? What is 'public life'?

T.H. Marshall defined citizenship as "a status bestowed on those who are full members of a community. All who possess the status are equal with respect to the rights and duties with which the status is endowed" (1950; p28). This is less straightforward than it seems, if the many approaches taken to 'citizenship' over recent years, both politically and academically are anything to go by. There are 3 basic theoretical models of citizenship: liberal; communitarian and civil republican (see annex 1 for a brief summary and Jochum et al 2005):

Themes that often appear in citizenship debates include:

a) Individual choice: The individual having and making choices

b) Structural forces: How social norms, social and economic forces shape (and presumably constrain) individual behaviour

c) Rights: Citizenship rights as the 'three-legged stool' of civil rights (to liberty, freedom of speech, beliefs, own property, etc), political rights (to participate in the exercise of political power) and social rights (to resources necessary for a civilised standard of living) (Marshall 1950)

d) Obligations: People having obligations to participate in and contribute to society

e) Participation: Citizenship can mean participating in a range of activities, or political participation in particular

f) Communities: Citizenship depends on cultural solidarity and community identity for community stability

g) Active citizenship: This means promoting civic participation and the renewal of 'civil society' (see Jochum et al 2005)

Some of these themes are clearly interconnected and all could be said to relate to what is needed to participate fully in public life, or what participation in public life actually means (nb if these are not in place, there can be a direct impact on personal/ private life too). Public life can mean any activity which takes place outwith the 'private sphere' of family life, child rearing - and, arguably, caring. Alternatively, it can be much more narrowly defined as holding political office, a public appointment or any role with influence.

As there are so many possible interpretations of citizenship, it can be (and has been) used to justify very different forms of political initiative. For John Major, the 'Citizen's Charter' was about promoting consumers' rights and choices, in the context of the privatisation of public services. Others might see 'citizen' as being about a person's relationship with the State and 'consumer' as being about a person's relationship with the market. For New Labour, the refrain has been 'rights and responsibilities'. There have been improvements to rights - human rights, anti-discrimination rights for disabled people and regarding employment and vocational training rights on grounds of age, religion or belief, sexual orientation. However, the focus has also been on people's obligations to be 'active citizens', to contribute positively to communities and society more widely (and improve their employability). In this context, citizenship education has been introduced to schools, there has been action to address anti-social behaviour (ASBOs, etc) and worries about voter apathy.

2. What are the implications for disabled people?

Jenny Morris (2005) suggests that the main citizenship issues for disabled people are self-determination (choice and autonomy), participation (political and community) and contribution (that they have a valuable contribution to make). It could be argued that to be a full citizen and to participate fully in public life means having and being able (or supported) to exercise individual choices, rights and obligations. It means being able to participate in politics and exert influence in political processes, and being an active member of local communities. It also means having the financial resources you need to participate in the 'customary activities' of the society in which you live. Finally, it means changing social structures, norms and attitudes towards disabled people (as per the social model of disability). It can mean having a relationship with the State (via political involvement and rights), the market, or with voluntary and community organisations (sometimes known as 'civil society').

Choices: Disabled people may not even have choice about whether they are put into residential care, when they go to the toilet, etc. The medical profession may remove disabled people's autonomy over their own body. Choice of employment, goods and services may be restricted by discrimination/ poor access. Mechanisms to address these include rights, direct payments, and independent advocacy.

Rights: Disabled people have a series of rights. Some are specific to disability; some are human rights. There may be implications for policy, if disabled people are exercise human rights, e.g. the right to life, respect for private and family life, to impart information, have a fair trial, etc.

Obligations: Sometimes disabled people are not considered to be capable of fulfilling obligations, so they are excused from them. This is very undermining, if disabled people could fulfil them perfectly well with some support. But, are there situations where disabled people should be excused from the obligations that others have? If so, on what grounds? This issue has recently come to the fore with the proposed reforms to Incapacity Benefit (DWP 2005), where people will receive higher levels of benefit if they pursue activities to increase employability, or are deemed too disabled for such activities to be worthwhile.

Participation: If a wide understanding is taken of the sorts of activities that are included in 'public life' or 'citizenship', it follows that lots of different figures might be relevant to measuring participation - not all of which are likely to be available currently. If levels of disabled people's participation are to be increased, again, a wide range of measures might be indicated. Indeed, participation might be seen as an outcome of all the other headings in this section being addressed. It might also be worth considering the role of capacity-building, to build disabled people's confidence and skills.

Figures on political participation are summarized in the DRC's research report on "Disability in Scotland 2004" p15. At the Scottish Parliament and Council elections on 1 May 2003 a survey of access to voting was conducted by disabled voters and other voters with experience of disability (Capability Scotland, 2003). Just over a third of the survey respondents had a disability or long-term medical condition or illness. Just under a fifth of voters (disabled people and carers) felt that the experience of voting was easier than last time. One in ten disabled people felt that it was more difficult.

In the Scottish May 2003 Council elections, 9 per cent of Councillors said they had a long-term illness, health problem or disability which limits their daily activities or the type of work they do. Just over 2% of all Councillors said the needed special arrangements to carry out their duties, like checking the accessibility of buildings, using council transport and taking regular breaks (COSLA, 2003).

Latest figures from the Scottish Executive's Public Appointments Unit show that in 31 May 2005 there was a total of 891 public appointments of which 21 (2.3%) were disabled people (it is not just disabled people who are significantly under-represented, e.g. only 2.8 % were from a minority ethnic background). This compares to 22 (3%) in June 2004 and 18 (2%) in June 2003.

Poverty: The link between poverty and disability is strengthened by the fact that disabled people incur extra costs and experience reduced access to earnings. Solutions include adequate benefits (see forthcoming paper to satellite group 4) and the removal of barriers which impose extra costs and reduce access to earnings. Nb the structure of the benefit system may also provide disincentives to participation (see Cabinet Office 2004; Shaping our Lives 2004)

Attitudes: It is not just a matter of agreeing what citizenship means, but who should be considered as citizens. Marshall singles out elderly people and 'the handicapped' as examples of where "the principle of universality which is a characteristic feature of the modern rights of citizenship does not apply" (1981, p92), adding (not exactly supportively!) that "the handicapped have a moral duty to try to overcome their misfortunes as far as within them lies."

Looking at the 'Attitudes to Discrimination in Scotland' report (2003), attitudes do not seem to vary much with factors like age, class, or education, although men are slightly more likely than women to hold discriminatory attitudes. They don't even vary much according to whether a person has a disability themselves! 5% of respondents with a limiting disability would prefer not to have a disabled MSP compared to 3% of non-disabled respondents. 16% as opposed to 23% thought banks and shops should not be obliged to make themselves accessible.

3. What current initiatives and issues might be relevant?

a) The way in which disability features in citizenship teaching might be worth investigating (see the DRC's citizenship web-site: www.drc-gb.org/citizenship )

b) The Public Sector Duty might be useful in different ways, e.g. it includes a provision in the General Duty requiring public authorities to have regard for the 'need to encourage participation of disabled people in public life', and it may be a means of generating useful facts and figures about participation

c) The Scottish Executive Public Appointments Unit has an 'NDPB Shadow Initiative' scheme to help encourage a diversity of candidates to serve on public bodies.

d) The Scottish Executive has a volunteering strategy and various initiatives around volunteering

e) Proposals for individualised budgets and the strengthening of Centres for Independent Living might be useful to consider in the Scottish context (P.M.'s Strategy Unit 2005)

f) The DRC has initiated a debate on 'the future of equality' (see www.drc-gb.org )

g) The recent Disability Discrimination Act extends coverage to protect disabled Councillors from discrimination. What are the implications for Scotland?

h) Could/ Should more be done to build the confidence and skills of disabled people?

References and further reading

Bromley, C. et al (2003) Attitudes to Discrimination in Scotland, Scottish Executive Social Research (see http://www.scotland.gov.uk/library5/society/adis-00.asp )

Cabinet Office, (2004) Report of the Short Life Working Group on Improving Diversity in Public Appointments, London

Capability Scotland Vote 2003

COSLA (2003) Scotland's Councillors 2003 (see http://www.cosla.gov.uk/attachments/publications/cllrsurvey2003.pdf )

DRC Disability in Scotland 2004 (see http://www.drc-gb.org/scotland/publicationsandreports/research.asp?section=8 )

DWP (2005) Five Year Strategy (see www.dwp.gov.uk )

Home Office Civil Renewal Unit www.homeoffice.gov.uk/comrace/active/civil/index.html

Jochum, V. et al (2005) Civil Renewal and Active Citizenship: a Guide to the Debate, NCVO (see http://www.ncvo-vol.org.uk/asp/search/ncvo/main.aspx?siteID=1&sID=18&subSID=89&documentID=739 )

Marshall, T.H. (1981) The Right to Welfare and other essays, London: Heinemann

Marshall, T.H. (1950) Citizenship and Social Class London: Cambridge University Press

Morris, J. (2005) Citizenship and Disabled People, DRC

Prime Minister's Strategy Unit, 2005. Improving the Life Chances of Disabled People: Final report. London: Cabinet Office.

Shaping our Lives, 2004. On Equal Terms: Getting involved and the benefits system, Shaping our Lives. www.shapingourlives.org.uk

Annex 1

Summary of theoretical models of citizenship:

• Liberal model: sees individuals as self-interested, emphasizes individual rights and freedoms, independence, self-help;
• Communitarian model: stresses sense of belonging, group/ community identity and rights and the common good of members;
• Civil Republican model: stresses over-arching, rather than group-based, identity and rights shaped by a common public culture and sees citizenship as defined by rights and obligations, as a practice rather than a status

Discussion paper to Disability Working Group, Satellite Group 3

PUBLIC ATTITUDES TO DISABILITY

1. Introduction

This paper presents some of the findings of research on public attitudes to disability and looks at one specific approach to tackling negative public attitudes - the 'see me' campaign. It also suggests some ideas of current initiatives and issues where progress might be made on tackling public attitudes.

Specifically, this paper considers:

• The Disability Rights Commission's 'Attitudes and Awareness' survey' 2003
• A joint Capability Scotland/DRC report on "hate crime", 2004
• "Disabled for Life?" - a Department for Work and Pension's research report' 2003
• The Scottish Social Attitudes Survey module on discrimination, 2003
• The 'see me' campaign, 2002-2005

2. The DRC 2003 Attitudes and Awareness Survey

available at: http://www.drc-gb.org/uploaded_files/documents/10_519_ResearchSurveyAttitudes202003.pdf

A survey of 2,026 people aged 15+ living in Great Britain conducted for the DRC by BMRB. The survey asked people about their attitudes towards disabled people and their awareness of the Disability Discrimination Act (DDA) and the Disability Rights Commission (DRC).

The DRC's annual awareness surveys are designed to measure changes in attitudes towards disability discrimination, and awareness of legislation and rights, in order to inform the work of the Commission.

Some of the key findings are:

• 46% of respondents think that disabled people are not, on the whole, treated fairly in society.
• 21% of disabled respondents have experienced harassment in public in relation to their impairment.
• 35% of respondents think that disabled people are not, on the whole, treated fairly by employers.
• Awareness of the DDA had fallen from 53% in 2000 to 43% in 2003. Awareness is highest amongst people who have disabled work colleague (69%).

3. Impact of Hate Crime on Disabled Scots, Capability Scotland / DRC, April 2004

available at: http://www.drc-gb.org/uploaded_files/documents/10_535_hate%20crime%20report%20-%20pdf.pdf

This research reveals that many disabled people in Scotland experience harassment and attacks motivated by prejudice. It was carried out early in 2004 to inform a consultation on hate crime. It is the first piece of research to look in depth at the experience of hate crime amongst disabled Scots and its impact on their lives. Hate crime was identified as a significant problem for disabled people and was found to be largely not reported or tackled.

Key findings:

• Almost half of those who took part in the survey had experienced verbal abuse, intimidation and /or physical attacks because of their disability. Just over a third of incidents were physical attacks, with the main type of attack being verbal abuse and intimidation.
• Almost a third of respondents were experiencing attacks at least once a month. Strangers were the most likely people to be carrying out the attacks and they were most likely to happen in public places, such as in the street and park, in shops or on public transport.
• Only 40% of respondents had told the police about attacks and in general the police were perceived as unable to help.
• The attacks had a major impact on people's lives: around a third had to avoid specific places and change their routine and one in four had moved home as a result.

4. "Disabled for Life?" Attitudes Towards, and Experiences of Disability in Britain , Department for Work and Pensions, 2002

available at: www.dwp.gov.uk/asd/asd5/rrep173.asp

Extensive piece of research (200+ pages) aiming to provide a picture of work and daily activities of disabled people, compared with non-disabled people, and to examine general attitudes towards disability. The study also aimed to examine people's experience of their disability, including discrimination and prejudice, across a range of different areas of life.

Findings from the chapter on 'disabled attitudes' include:

• There is a continuum of attitudes towards disabled people. Inclusionary attitudes are characterised by a broad definition of disability and a positive view of disabled people's lives. Exclusionary attitudes are the opposite, focusing on rather than rejecting difference.
• Hypothetical situations were used to explore how people react to disabled people. Most people were understanding about situations in which they encountered disabled people, or felt genuinely concerned or 'sorry for' the disabled person in question. Very few reported feeling annoyed or irritated, though rather more said they could feel uncomfortable or embarrassed.
• Most people were inclined to help out where they could or when asked in these hypothetical situations. However, situations involving a person with a mental health problem produced more mixed reactions than those involving physical or sensory impairments. There were few marked differences between disabled and non-disabled people. Older people were found to express more exclusionary attitudes.
• The majority of both disabled and non-disabled people felt that prejudice against disabled people is common. Ignorance, a lack of awareness and fear of difference were cited as the primary reasons.
• Disabled people experienced prejudicial attitudes in a number of ways. These included the assumption that disabled people cannot talk or think for themselves, assumptions made about their abilities, being rejected or avoided, verbal attacks or jokes, and even bullying.
• In contrast to the widespread experience of prejudice, overt acts of discrimination were less commonly reported.

5. Attitudes to Discrimination in Scotland , September 2003

available at: www.scotland.gov.uk/library5/society/adis-00.asp

Research instigated and developed collaboratively by a team involving representatives from the Commission for Racial Equality, Disability Rights Commission, Equal Opportunities Commission, Stonewall Scotland, The Scottish Executive and National Centre for Social Research.

Research designed to answer 3 questions:

• What do Scots themselves believe is the extent of discriminatory attitudes in Scotland?
• What is the extent and character of discriminatory attitudes in Scotland?
• Why do people hold discriminatory attitudes?

The research uses 5 potential indicators of attitudes towards disabled people:

• How suitable are wheelchair users for the job of primary school teachers?
• The main problem faced by disabled people at work is other people's prejudice, not their own lack of ability
• Shops and banks should be forced to make themselves easier for disabled people to use, even if this leads to higher prices
• Still leaving aside what party they were in, would you prefer to have a disabled MSP, and MSP who is not disabled or, would you not mind either way?
• Now I want to ask about some changes that have been happening in Scotland over the years. For each one, please tell me whether you think its gone too far, or not far enough.
• How about attempts to give equal opportunities to disabled people in Scotland?

Three possible explanations of why people hold discriminatory attitudes are examined. One, a sociological explanation, suggests the explanation lies in differences of social background and experience. The second, an economic one, argues that concerns about competition for resources lead people to hold such views. The third, a psychological one, argues that the reason lies in the identities that people have and the images they have of those they perceive to be different from themselves.

Findings

The findings reveal that, compared with other groups, Scots think that there is less prejudice against disabled people than there is against ethnic minorities or gay men and lesbian, but more prejudice against disabled people than there is against women.

The findings also show that a majority of people think that equal opportunities for disabled people have not gone far enough (58%) whereas only 41% think that it has not gone far enough for women or ethnic minorities and only 26% for gay men and lesbians.

As for the possible causes of discriminatory attitudes, disability differs markedly from the other groups.

While all three of the factors explored offers some degree of explanation of why people hold discriminatory attitudes against ethnic minorities, women and gay men and lesbians (with the psychological factor the most significant) - none of these factors offers a strong explanation of why people hold discriminatory attitudes towards disabled people.

6. The "See Me" campaign and attitudes to mental health

Background

In 2001, the Millan Committee recommended a campaign of public education to improve public understanding of mental disorder, and attitudes towards people with mental disorders, and to reduce stigma of mental disorder. "Our National Health" also included commitment to tackle stigma which can be associated with mental health problems. Work on this began in 2001. The Scottish Executive is funding an alliance of mental health organisations - "see me…" - to develop this work. The 'see me' campaign was launched in October 2002.

The campaign combines an award-winning national publicity programme with local and national anti-stigma action developed in partnership with like-minded groups. Individuals who have experienced stigma are involved in many aspects of the campaign.

"see me"'s main campaign objectives include challenging and eliminating stigma and discrimination associated with mental health problems; raising general public awareness of mental ill health issues; making people more aware of mental health problems so they seek help earlier; and helping achieve more responsible media reporting.

Media campaign

A sustained, high profile Scotland-wide anti-stigma and anti-discrimination campaign was launched by "see me" 8 October 02. Campaign used a range of media, including TV and cinema advertising and production and dissemination of a range of anti-stigma resource materials and website.

• Guidelines for Media, re good practice in reporting on mental health issues, were published by "see me" in March 03.
• "see me" were also associated with the publication, by National Union of Journalists, of a practical guide for journalists on "The Reporting of Mental Health and Suicide by the Media" (published July 04 with funding support from National Programme).
• First campaign focused on raising awareness of mental health problems and stressed that people experiencing mental health problems are people, not "labels".
• Phase 2 of "see me"'s advertising launched 6 October 03, again using TV, cinema and other media. This element of campaign placed individuals in settings with other people (social/family/work), thereby making viewer focus on how they behave towards people with mental health problems.
• 3rd phase of campaign activity, focusing on eliminating stigma and discrimination in the workplace, launched 1 July 04.
• New phase launched January 05, focusing specifically on stigma and discrimination in Children and Young People.

Changing attitudes……

National Programme's Survey of Public Attitudes towards Mental Health and Mental Illness provides early indication of impact of Programme's work, including that of "see me". First report December 02; second report January 05. Second report's findings include: awareness of promotional activity on mental health issues has increased since 2002; and significant, positive changes in attitudes towards people with mental health problems since 2002.

7. What current initiatives and issues might be relevant?

i) The way in which disability features in education through, for example, citizenship teaching might be worth investigating (see the DRC's citizenship web-site: www.drc-gb.org/citizenship )

j) The Public Sector Duty might be useful in different ways, e.g. it includes a provision in the General Duty requiring public authorities to have regard for the 'need to promote positive attitudes towards disabled people' and 'encourage participation of disabled people in public life'.

k) A Working Group on Hate Crime reported in October 2004. The Executive is considering the report and will respond shortly. It contains many recommendations for action including changes to legislation and campaigns to change attitudes www.scotland.gov.uk/library5/justice/wgohcr-00.asp

l) The Scottish Executive has a volunteering strategy and various initiatives around volunteering

m) The DRC has initiated a debate on 'the future of equality' (see www.drc-gb.org )

n) Could/ Should more be done to develop and support disability awareness training? If so, what needs to be done?

Scottish Executive

June 2005

The Scottish Executive Equalities Unit

Disability Working Group Satellite Group 3

Papers in advance of 23rd June 2005 meeting

Stuart Aitken, Sense Scotland

Anti-social behaviour

Background

Noise Abatement and the Anti-Social Behaviour etc. (Scotland) Act 2004

Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004 contains provisions regarding noise nuisance caused by neighbours in residential settings. The Act introduces additional powers, including fixed penalties, for local authorities to deal with noise nuisance. Local authority personnel who will implement the new powers should be aware that some individuals may, because of their disability, be unable to control the level of noise they make.

Under the Act [s. 143] a person is considered to engage in anti social behaviour if he or she:

· acts in a manner that causes, or is likely to cause, alarm or distress;

· pursues a course of conduct that causes, or is likely to cause, alarm or distress to at least one person who is not of the same household.

The definition could include a number of people who may find it difficult to self-control the levels of noise that they make, for instance some people with autistic spectrum disorder, who are deaf or deafblind, have Tourette's syndrome; and others may well come under provisions on noise disturbance.

The guidance accompanying the Acts identifies training needs for Environmental Health Officers (EHOs) who will implement the Act. Training elements are mainly of a technical nature and are to be provided by the Institute of Acoustics (IOA):

• familiarisation with basic acoustic theory;
• minimum level of formal training into the use of dedicated sound level meters for indoor measurement
• familiarisation with issues relating to sound insulation and potential legal remedies;
• safety training including how to deal with potential conflicts;
• serving of s.80 EPA abatement notices;
• training in ASBA provisions and procedures;
• training in use of appropriate use of Civic Government (Scotland) Act

Good practice example:

We are aware of examples of good practice where local authorities can be flexible and take positive action to address anti-discrimination legislation while observing the new powers on dealing with noise nuisance. For example one young man in a supported living environment caused distress to a neighbouring family with a disabled child. The local authority housing department arranged to re-house the family into better accommodation as they knew that the problem was likely to continue to be problematic.

Agenda actions

The proposed one-year course to be overseen by IOA should include awareness training on:

• Why some disabled people may find it difficult to control the noise they produce
• What support systems are available from within the authority and how to contact them for further guidance e.g. care worker
• As training providers the IOA should also be aware of their responsibilities under the DDA Part 3 relating to provision of goods and services.