The Scottish Government

Background paper to Disability Working Group, Core Group Meeting, 28 November 2005

UP-DATING THE BIG PICTURE

Sally Witcher, November 2005

1. Introduction

2006 looks like being a busy year for disability policy in Scotland, with the implementation of the Public Sector Duty to promote disability equality likely to be a major focus, as well as the report from the Equal Opportunities Committee. Through clarifying the policy context, the intention is to help identify opportunities for the DWG to target its recommendations appropriately and to maximum effect.

This paper briefly sets out some of the current initiatives and issues. It up-dates a similar paper produced for the Awayday in October 2004 (you may want to refer back to this for further information). The main focus for the DWG deliberations is to be on the Scottish Executive. However, reserved areas will be relevant to disabled people in Scotland, and Westminster initiatives may require, or prompt consideration of, action by the Scottish Parliament and others in Scotland.

2. Public Sector Duty

The Duty, contained in the Disability Discrimination Act 2005 requires public bodies to carry out their functions with 'due regard' to the need to eliminate discrimination against and harassment of disabled people, promote greater equality for disabled people, promote positive attitudes to disabled people, and encourage disabled people to participate in public life. It comes into affect from 4 December 2006. Public authorities listed in the appendix of the Code of Practice will have to have their Disability Equality Schemes in place by then. Scottish Ministers will have to make an annual report from December 2008.

Scottish authorities and others exercising devolved functions in Scotland are subject to regulations to be made by the Scottish Ministers (see Scottish Parliament web-site). The Code of Practice is to be laid before the Westminster Parliament and should be available in the early New Year. It will be on the DRC's web-site.

The DRC will be producing a range of guidance documents, some sectoral, some generic, targeted at Public Authorities. There will also be guidance for disabled people. Most are due to be published April- August 2006. Guidance titles will cover employment, housing, planning and highways, post 16 education, local authorities, disabled people, evidence gathering, impact assessments, guidance for disabled people. Scotland specific titles will cover health, social care, schools education and guidance for Scottish Executive Departments and Agencies (in later months, Part II of this title will be added, 'Scottish Ministers Duty'). The DRC is planning various events: 5 large events from February and smaller 'guidance-specific' events.

3. 'Improving the Life-Chances of Disabled People'

The Prime Minister's Strategy Unit report was published in January 2005. Recommendations cover four key areas: independent living; early years and family support; transitions to adulthood; employment (see paper to satellite group 4, August 05). The following initiatives are likely to be of particular interest:

a) National Forum of Organisations of Disabled People

This is to be a body through which disabled people across the UK can participate at an early stage in the design of policies and services. Consultation events have been held (including one in Edinburgh). A short-term Advisory Group is being set up. It is expected to begin working in February 2006 and continue until late August/ early September. Until then, we won't know what form the Forum will take, how it will operate, etc.

Part of the remit for the Disability Working Group is "to develop proposals on longer term mechanisms for engagement with the disability sector". At the Core Group meeting of 15 September 05 it was agreed that work could happen now to identify what sort of mechanisms are needed to feed into the Scottish Executive (see paper to this meeting). We would then see what the implications of the National Forum are, when it emerges.

b) Individualised budgets

The aim is to enable existing resources to be allocated and services to be delivered in ways that personalise responses to need. Different sources of funding should be brought together and that individuals should have choice over whether to receive cash with which to purchase services or to have directly provided services. There would be just one assessment. The scheme would be the same across England and probably Wales. It will not cover Scotland, as it covers devolved areas of responsibility. However, some of the UK/ GB budgets to be pooled also cover Scotland (e.g. Access to Work, ILF).

The Department of Health (DH) is leading the cross government project to pilot Indivudual Budgets in partnership with the Department for Work and Pensions (DWP) and the Office of the Deputy Prime Minister. These will bring together the following income streams (although others could be added at some point in the future): Council-provided social care services; Independent Living Fund; Supporting People; Disabled Facilities Grant; Integrated Community Equipment Services; Access to Work. The first pilot begins in December 05 and the rest come on stream during 2006. The pilot period is 18 months to two years (see papers to Satellite Group 4, 3 October, 23 August).

4. DWP Disability employment initiatives

a) Green Paper on Welfare Reform

A Green Paper proposing reforms to Incapacity Benefit was originally expected back in the Summer 2005, but is now not expected until January 2006. It remains unclear what direction reform will take, with conflicting press reports and a new Secretary of State (John Hutton) replacing David Blunkett.

b) Pathways

There has been a pilot in Renfrewshire Inverclyde Argyll and Bute ('RIAB') since October 2003 and another has just been established in Glasgow (October 2005) (see DWP press release 7 October 2005).

The pilots introduce a package of measures including Work Focused Interviews (WFIs), Condition Management Programmes and a Return to Work Credit. They also include strategies to engage employers, and necessitate jobcentre plus working with NHS.

5. The Commission for Equality and Human Rights (CEHR)

The CEHR will be established in October 2007 for all areas except those for which the Commission for Racial Equality (CRE) is responsible, which will remain with CRE until April 2009, when they will transfer to the CEHR. The Bill has just finished its passage through the Lords and is likely to get Royal Assent early 2006, although it is impossible to be specific. It seems probable that the appointment of a Scottish Commissioner might be one of the earlier appointments, and they would then be involved in setting up the Scotland Committee.

The Equalities Review led by Trevor Phillips, is due to report in Summer 2006. It is looking primarily at the long term and underlying causes of disadvantage (See http://www.gnn.gov.uk/environment/detail.asp?ReleaseID=148053&NewsAreaID=2&NavigatedFromDepartment=False )

There is also a discrimination law review which is more narrowly focused on changes to the law that would be required to harmonise equalities law, perhaps into a single Equalities Act.

6. DRC's 'Disability Debate'

The DRC Scotland is expecting to publish early in 2006 some 'State of the Nation' research on disability in Scotland. The outcomes of the 'Disability Debate' are expected late Summer 2006.

7. Scottish Parliament Inquiry

The Inquiry is now into phase 2, focussed evidence taking.

Inquiry Remit

Members agreed that they would wish to identify the issues that create barriers to the participation of disabled people, in particular in relation to access to work; further and higher education; and leisure and the arts.

The Committee also agreed to examine how situations might be changed in order to open up opportunities to disabled people by hearing from a range of groups, individuals and organisations.

Inquiry Timetable

We expect the final report to contain recommendations for the Scottish Executive and perhaps the wider public sector in the key areas that the Inquiry is focusing on.