The Scottish Government

1. Baseline research should be conducted on disabled people's participation in the arts and sport - not just competitive sport but sports in general.

Accept, subject to further consideration

Sportscotland, fully funded by the Scottish Executive's Sports Division, already carry out research into participation rates for people with disabilities. The most recent participation rates (2002-04) shows that 39% of adults with a long-term illness, health problem or disability that limits their daily activity take part in sport, compared with 67% of those who are not disabled.

In order to further the research base it has been agreed that a Culture and Sport module will be included in the 2007 Scottish Household Survey which will provide robust evidence of participation in the arts as well as sport, including participation by disabled people. The survey will help identify the barriers to participating in cultural activity, as well as levels of participation.

2. Copyright exemption should be extended to cover all those with a print disability.

This is a matter for Westminster.

3. The Scottish Executive, the Enterprise Networks and the Disability Rights Commission should work together, in the context of their disability equality duty, to develop and promote a positive message to all employers about disability.

Accept

The Scottish Executive accepts the need to promote positive messages to employers about disability. Under the disability equality duty we are required to take action to promote positive attitudes towards disabled people.

We will consider this recommendation further with the Department for Work and Pensions, with a view to working with the Enterprise networks and with the Disability Rights Commission if appropriate to develop and promote positive messages to employers. We will do this during 2007.

4. Disability organisations should work with the Scottish Executive and the Enterprise Networks to identify measures of success for employment of disabled people.

For further consideration

Westminster has lead responsibility for employment of disabled people. To be considered further with the Department for Work & Pensions during 2007. We will also raise this with the Office for Disability Issues at Westminster.

5. In consultation with disabled people the Scottish Centre for Healthy Working Lives should review its work to examine where it can play a role with regard to disability.

Not for the Scottish Executive

This recommendations is aimed at the Centre for Healthy Working Lives, which has indicated that it accepts the recommendation.

6. In developing links with business, Further and Higher Education Institutions and Careers Scotland should take on board the need to promote disabled people as employees.

Not for the Scottish Executive

This is for FE/HE institutions and Careers Scotland to consider and the Scottish Executive will raise this with these organisations.

7. The Scottish Executive's strategic group on ethnic minorities in the labour market should consider the needs of disabled people.

Accept

The Ethnic Minorities and the Labour Market Strategic group was a short life project group which met between February and July 2006. The overall objective was to improve the labour market participation of ethnic minority people. The group's action plan will form the basis of the National Race Equality Strategy and Action Plan. As part of the development work for the National Race Equality Strategy and Action Plan, we will hold a focus group with disabled people to discuss proposals. The National Strategy will be published in early 2007.

8. The Scottish Executive should investigate the effectiveness of regional resources for sign posting disabled people and employers to information, advice and advocacy on disability.

For further consideration

The Scottish Executive recognises the need for accurate, up to date information using formats and methods which are accessible. Westminster has lead responsibility for employment of disabled people and this recommendation will be considered further with the Department for Work and Pensions during 2007. We will also raise this with the Office for Disability Issues at Westminster.

(See also recommendation 48).

9. The work being done by Jobcentre Plus providing financial assessments and employment information to disabled people should be developed and strengthened.

Not for the Scottish Executive

For Jobcentre Plus to consider. The Scottish Executive will ensure that Jobcentre Plus is made aware of the recommendation.

10. The Scottish Executive should develop quality standards for disability equality training and encourage wider take up amongst employers and employees of disability equality training.

Accept, subject to further consideration

The Scottish Executive recognises the value of disability equality training. We will establish an expert group of disabled people to work with us to develop our approach to disability equality training.

(See also recommendations 24, 25 and 26).

11. The Enterprise Networks should consider establishing and maintaining a business award on disability.

Not for the Scottish Executive

For the Enterprise Networks to consider. Scottish Enterprise accept this recommendation.

12. Work should be undertaken to encourage positive attitudes to disability through a Scottish wide advertising campaign, which includes addressing attitudes to disabled people in employment.

Accept in part

The Scottish Executive recognises the need encourage positive attitudes towards disabled people. However, Westminster has lead responsibility for employment of disabled people and this recommendation will be considered further with the Department for Work and Pensions. This will be in the context of the broader campaign recommended to challenge negative attitudes towards disabled people - see recommendation 34.

13. A public authority's disability equality scheme should be the responsibility of everyone in the organisation; and leadership from senior management team will be essential.

Accept for the Scottish Executive

A programme of awareness raising about the disability equality duty is ongoing within the Scottish Executive. Leadership at senior management level is part of this.

14. There should be guidance for public authorities on consulting and engaging disabled people.

Accept, subject to further consideration

The Disability Rights Commission has produced guidance on involvement of disabled people in the development of disability equality schemes (July 2006). We will consider whether further guidance is needed and if so what this should cover.

15. Research should be undertaken, in the context of the disability equality duty, to map the disability sector and understand the capacity of disability organisations to engage with public authorities, including collating of existing materials and databases.

Accept

We recognise the importance of research in this area in order to inform the delivery of the disability equality duty. We will work with disabled people to deliver this recommendation and expect to commission this work early in 2007.

16. Work should be undertaken to build the capacity of disabled people and support their involvement in the implementation of the disability equality duty.

Accept

We recognise the importance of building capacity of disability organisations and disabled people in order to support the delivery of the disability equality duty. We will work with national disability led organisations to develop our approach to implementing this recommendation and will do this early in 2007.

17. The Scottish Executive should promote shared or joint approaches by public authorities to local or regional engagement and involvement of disabled people.

Accept

The Scottish Executive will work with COSLA, the Enterprise Networks, the NHS and others to explore the value of shared or joint approaches at local or regional level. The findings will inform our work on the disability equality duty, in particular the Scottish Ministers reports in 2008.

We also plan to establish a Public Sector Equality Forum and will use this as a route to promote shared or joint approaches by public authorities to local or regional engagement with disabled people.

18. The Scottish Executive, audit and inspection bodies and the Disability Rights Commission should consider a framework for auditing of the disability equality duty.

Accept

Work on this has started. An advisory group has been established consisting of the Scottish Executive, the 3 Commissions (Disability Rights Commission, Equal Opportunities Commission and Commission for Racial Equality), and audit and inspection bodies (including Audit Scotland and HMIE). The group is developing a framework of auditing of equality, including the public sector duties for disability, race and gender.

19. The implementation of the report of the Disability Working Group should be reviewed after two years and a progress report published.

Accept

We will involve Disability Working Group members in this.

20. The Scottish Executive should develop practical guidance on inclusive communication and consultation; establish a website of good practice on consultation; develop and promote inclusive communication environments; and provide a gateway to existing sources of expertise.

Accept

The Scottish Executive is committed to inclusive consultation and engagement with all groups, including disabled people. We are also mindful of the need to involve disabled people in the development of our disability equality scheme and in taking forward our work to promote disability equality.

The Scottish Executive's Civic Participation Unit plans to review guidance for Scottish Executive staff on consultation and this will consider how best to address the consultation and involvement needs of disabled people.

21. The Scottish Executive should implement and promote the Scottish Accessible Information Forum standards.

Accept

The Scottish Executive funded the production of the SAIF standards and will work to implement them. We will work with SAIF and others to promote the standards.

22. The 'Fair for All' project should continue to ensure that its work on the access needs of disabled people in relation to the NHS includes communication support needs of all types.

Accept

'Fair for All' will continue to ensure that its work is inclusive of all disability, including communication support needs.

23. Scottish Executive and public authority public information work should be fully accessible including to those with communication support needs.

Accept

We will review our work on public information and take action to improve accessibility, including for those with communication support needs.

24. The research on DET commissioned by the Equal Opportunities Committee needs to be assessed by disabled people, gaps and issues need to be identified and further research undertaken as necessary.

Not for the Scottish Executive.

25. Standards and/or accreditation for disability equality training should be developed.

Accept, subject to further consideration

The Scottish Executive recognises the value of disability equality training. We will establish an expert group of disabled people to work with us to develop our approach to disability equality training.

26. Disabled people should be encouraged to become disability equality trainers.

Accept, subject to further consideration

The Scottish Executive recognises the value of disability equality training. We will establish an expert group of disabled people to work with us to develop our approach to disability equality training.

27. Initial education and training and continuing professional development across the public sector should incorporate mandatory disability equality training, including on communication support needs.

Accept for the Scottish Executive (but this is of wider public sector interest).

The Scottish Executive will look at the training and continuing professional development of its own staff in the context of the disability equality duty. A programme of disability equality training for staff will form part of our response to the duty.

28. HMIE should work in partnership with disabled people, including disabled children and young people, and disability organisations to develop indicators of good practice.

This is for HMIE to respond to.

The Scottish Executive will raise this with HMIE.

29. All disabled people should receive appropriate and adequate support and equipment throughout school, further and higher education and at all points of transition such as the transition from school to post school.

Accept

The Scottish Executive recognises the importance of points of transition for disabled people. We are already taking action:

• Partnership Matters was launched in January 2005, a guidance document, that outlines the roles and responsibilities of each agency and encourages joined up working, to ensure that appropriate partnerships are in place between further education colleges, local authorities and NHS Boards to make sure that people with additional support needs studying in further education are supported appropriately, in particular during transition. We are currently working with stakeholders to further support the implementation of successful local partnerships.
• The Executive established and now chairs the Disabled Students Stakeholder Group which is considering and addressing issues relating to the support available to learners with disability-related additional needs in Further and Higher Education.
• Equipped for Inclusion (the report of the Strategy Forum: Equipment and Adaptations, June 2003) states that to establish a lifelong approach to the implementation and development of the strategy, those responsible for implementing the agenda for children, together with partners across education, lifelong learning and employment should work with the Implementation Steering Group. We have begun work on clarifying and improving statutory sector provision of equipment and adaptations for adults and will extend proposals out to people of all ages in due course.
• The Education (Additional Support for Learning) (Scotland) Act 2004 introduces new arrangements to ensure early planning, preparation and the effective exchange of information to support children and young people with additional support needs to make a smooth and successful transition to post-school life, whether that is on to further education, training or work.

But we recognise that there is more that can be done to reduce the risk of discrimination or exclusion occurring at points of transition.

30. Further and higher education institutions should involve disabled people through student consultation panels and inspection bodies should monitor progress.

This is for FE/HE institutions

31. Disabled people should be encouraged to take up careers in the educational sector and retention of disabled employees should be encouraged.

Accept, subject to further consideration

Already in Scotland (October 2004), the requirement for medical fitness to be assessed both before and after completion of initial teacher education courses has been abolished. However, the Disability Rights Commission is currently undertaking a formal investigation into professional fitness standards, including those for teaching. We will consider this recommendation further in the light of the DRC's findings.

32. The Scottish Executive, audit and inspection bodies and the Disability Rights Commission should consider developing a framework for auditing of the disability equality duty.

Accept

Work on this has started. An advisory group has been established consisting of the Scottish Executive, the 3 Commissions (Disability Rights Commission, Equal Opportunities Commission and Commission for Racial Equality), and audit and inspection bodies (including Audit Scotland and HMIE). The group is developing a framework of auditing of equality, including the public sector duties for disability, race and gender.

33. The Scottish Executive should lead by example and make a clear statement of commitment to equality of opportunity for disabled people.

Accept

We will provide this in our disability equality scheme.

34. A campaign should be undertaken by the Scottish Executive to challenge negative attitudes towards disabled people and promote equality of opportunity.

Accept

The Scottish Executive accepts the need to challenge negative attitudes towards disabled people promote equality of opportunity. We have already taken action through the 'See Me' campaign to challenge stigma and discrimination around mental ill-health in Scotland.

Under the disability equality duty we are required to take action to promote positive attitudes towards disabled people. We will work with disabled people, and with the DRC if appropriate, to develop and promote positive messages.

35. The Scottish Executive should review and promote the use of materials used in schools on disability and citizenship; including reviewing the availability of, and access to, advice and guidance for young disabled people on what to do if they experience discrimination.

Accept

We will look at this in the context of Personal and Social Development and Personal and Social Education - the aim of these is to help pupils to have an appropriately positive regard for themselves and for others and their needs. The framework that has been established for A Curriculum for Excellence will continue to ensure that young people have the opportunity to be responsible citizens with respect for others and an understanding of different beliefs and cultures.

We are also committed also to ensuring that all young people have access to the guidance and support that they need.

36. Accrediting bodies for the professions should include disability equality training.

This is for accrediting bodies to consider.

37. Demonstrable knowledge and implementation of the DED should be a key competence within staff performance management in the public sector in Scotland.

For further consideration.

The Scottish Executive is reviewing its performance management system and will consider this recommendation as part of the review.

38. Targets for disabled people in public appointments should be reviewed and the Scottish Executive should lead by example in promoting the public appointment of disabled people.

For further consideration

The Commissioner for Public Appointments in Scotland 's Strategy for Equal Opportunities in the Public Appointments Process which is to be delivered by the Scottish Executive will include recommendations (and may set targets), on encouraging more disabled people to apply for consideration for appointment. The Strategy is excepted to be introduced in summer 2007.

39. The Scottish Executive should agree and publish a set of principles, based on the social model of disability, that underpins the work of all departments. Such a set of principles will be developed in partnership with an advisory group of disabled people.

Accept

The Scottish Executive accepts the social model of disability. We will work with disabled people to develop and agree a set of principles, based on the social model of disability, to underpin the work of all departments.

40. The Scottish Executive should consult disabled people to ascertain the best way to support independent living nationwide.

Accept

The Scottish Executive supports the principles of independent living. We will work with disabled people to identify the best way of supporting independent living nationwide.

41. Research on care and support services for disabled people should be reviewed and where gaps are identified further research should be commissioned, including participatory action research if appropriate.

Accept

Recently completed research has looked at the needs of people with sensory impairment and mental health issues, younger disabled people and early onset dementia among other issues. We will review existing research and undertake further research where gaps are identified. We will work with disabled people to carry out the review and identify priorities for further research.

42. In order to ensure effective delivery of the public sector disability equality duty, disabled people should be engaged both proactively and effectively in the design and implementation of care and support services.

Accept for the Scottish Executive

This is happening already in some areas, for example those covered by the Sensory Impairment Action Plan.

Other public sector service providers will need to consider this recommendation in the context of their duties under the disability equality duty.

43. The disabled person should be a full partner in the decision-making processes of her/ his care management. An independent and trained advocacy service should be available if required by the disabled person in order to facilitate this process.

For further consideration

This recommendation is not aimed at the Scottish Executive. It will be for those who are delivering care services to consider this.

44. The Scottish Executive should support independent advocacy services for disabled people nationwide, including independent peer advocacy.

Accept

Scottish Executive Health Department Guidance already requires independent advocacy to be available to all who need it. However, we will investigate what further steps are needed to support independent advocacy services nationwide, including independent peer advocacy.

45. The participation by disabled people at all levels of public life should be promoted and resourced.

Accept

We accept that participation by disabled people at all levels of Scottish society is crucial in order to promote equality and challenge negative attitudes. We will identify opportunities to promote participation and take appropriate action.

46. The Scottish Executive should give consideration to free prescriptions for people with chronic illness.

For further consideration

The Scottish Executive is aware of the anomalies within the prescription charging system and has undertaken a review of prescription charging and exemption arrangements. Reports are currently being drawn up and a decision is expected towards the end of the year.

47. The Scottish Executive should consider how best the fuel poverty scheme can cover disabled people, including families with disabled children.

Accept in part

Fuel poverty measures include the Warm Deal and the Central Heating Programme. The Warm Deal provides funding for insulation measures and is open to disabled people on particular benefits including Disability Living Allowance (DLA). New programmes commencing in January 2007 will expand the warm Deal to include families with a child in receipt of DLA. The Central Heating Programme however will remain targeted at older people.

48. The Scottish Executive should undertake research to examine the information and advice needs of disabled people, the range of existing information provided and how access to information and advice might be improved.

Accept

The Scottish Executive recognises that disabled people need accurate, up to date information using formats and methods which are accessible. We will undertake research to identify specific information needs and how improvements might be made.