Disability and the Law

Disability and the LawOccupational Therapy Placement Educators Conference

Sheffield Hallam University 2012

Fitness to practiceProfessional competenciesDisability and the lawDisclosureReasonable adjustments

Issues for debate

To instruct, delegate, observe, facilitate and monitor the students actions, behaviour, attitude and mental and physical capacity to implement the skills and competencies required as an occupational therapist.

Complying with the code of conduct by COT and HPC.

The Role of Practice Educator

Responsibility of Educators

Support to progress through placementAssessment - complete formal bookletIf student is disabled - to make reasonable

adjustmentsTutors may have limited information regarding

student's abilities - may not see on a one to oneEducator's assessment therefore is vital for

assessmentLevel 4 placement may throw up disabilities

that student and tutors unaware of.

COT Code of ethics 2009Professional competence- Delegation5:2 Occupational Therapists who delegate

interventions or other procedures should be satisfied that the person to whom they are delegating is competent to carry them out. In these circumstances, the delegating occupational therapist remains ultimate responsibility for the service user.

Professional competence and conduct

5:2.1 Occupational Therapists should provide appropriate supervision for the individual to whom they have delegated the responsibility.

Supervision

HPCStandards of proficiency

Any concerns/issues regarding a Student’s conduct and performance should be dealt with pre-registration education and training – so only someone fit to practise should complete the approved programme to become registered.

? Responsibilites between education institution and HPC

Fitness for practice consultation 2011

Understand the importance of maintaining their own health

Understand the need to practise safely and effectively in their scope of practice

Understand the need to maintain high standards of personal conduct.

Understand both the need to keep skills and knowledge up to date and the importance of career-long learning.

Fitness to practice

1b.3Understand how communication skills

affect the assessment of service users and how means of communication should be modified to address and take into account of factors such as age, physical ability and learning ability

Competencies:

Be able to select, move between and use appropriate forms of verbal and non verbal communication with service users and others.

Be aware of the characteristics and consequences of non-verbal communication (culture, age, )

Understand the need to provide service users with the information necessary to enable them to make informed decisions.

1a.6 Be able to practise as an autonomous professional exercising their own personal judgement.

Be able to assess a situation, determine the nature and severity of the problem and call upon the required knowledge and experience to deal with the problem.

Standards or proficiency

1a.6 be able to initiate resolution of problems

and be able to exercise personal initiativeKnow the limits of their practice and will

seek advice

1a.7Recognise the need for effective self-

management of workload and resources and be able to practice accordingly.

Aim : to reduce the prejudice, disadvantage and discrimination associated with disability.

Action to promote inclusion, participation and equal opportunities

The Law - DDA 1995 & 2005

Work stations, equipment and practices meet the needs of all employees to enable them to be as productive as possible and to avoid any risk to health or safety.

In Employment

Duty to provide education and practice experiences that adapt to meet the needs of students with disabilities

The educator needs to look at whether the adjustments can be made – factors such as cost and the effect of the adjustment will be taken into consideration.

Reasonable adjustments

A Reasonable step taken to prevent a disabled person be placed in a disadvantage.

‘Adjustment’: A change – this may be a physical environmental change, or change in approach/method.

The DDA does not define- ‘reasonable’

Definition of Reasonable Adjustment

Applies in relation to a provision, criterion, or practice, other than a competence standard.

Duty by DDA- reasonable adjustments

Direct discrimination

Treatment of a disabled person is less favourable than others without disability.

Failure to make reasonable adjustments

Disability- related discrimination

• If the employers treatment of a disabled person is for a reason related to his disability

• Treatment is less favourable

• The employer can’t show that the treatment is justified.

Victimisation

Types of discrimination

Under the DDA – HPC are a ‘QUALIFICATIONS BODY’. This is because the award ‘registration’ allows people to practise the profession it regulates.

This means that HPC have certain duties under part 2 (Employment) of the act to make sure that processes are fair and do not discriminate against disabled people.

HPC and the DDA

Employment and Occupation.-duties of the employers 1995-2005

It is unlawful for an employer to discriminate against a disabled person in relation to recruitment or retention of staff.

Disability Rights commission and the equality commission

Disability Rights commission. All higher and further education

institutions and local education authorities.

The code does not impose legal obligations (The responsibility of a court). However the code has been approved by parliament- and therefore is admissible as evidence in legal proceedings.

Code of practice: Post 16 Education and related services 2007

Under section 4 of the DDA 1995- responsible that graduates meet the HPC standards of proficiency.

The university responsibility

You do not have to disclose your disability when you apply for a course.

The university has a responsibility to give you various opportunities to disclose- and maintain confidentiality.

It is recommended that you do disclose.

Disclosure

Specialist Equipment allowance- Apparently issues around students with bursaries not being able to get necessary equipment.

Non- medical Helpers Allowance- Classroom environment- Interpreters, note takers etc- Placement

In the real world- Access to work would provide the support needed.

Disability Student Support Team

Needs identified related to particular condition

Learning contract stipulates the support needs by the Disability support team and the staff-

Classroom environmentPlacement Environment

Assessment of need

To ensure all relevant staff have access to learning contract information.

To offer additional support relating to the disability support team role.

To inform staff of changes and current practice of the disability support team and the SHU policies and procedures to support students with disabilities.

Offer liaison with the placement educators on the role of the Disability support team.

Disability Co- Ordinator Role

Students do not need to be able to do all types of practice placement to register with HPC

Disabled students should be offered practice placements that they are able to learn and practise successfully.

Practice Placements

Practice Placement Agreement Procedure

Student and Tutor meet to discuss strategies that may help in placement setting.

Student decides if wishes to disclose and have PPA (Practice Placement Agreement)

Completes disclosure permission form.Student discloses to EducatorTutor draws up PPA in discussion with student

and educator around what adjustments it is reasonable to accommodate.

How might these conditions present in the work place?

Bi polarSchizophreniaAspergers/autistic spectrumObsessive Compulsive DisorderAnxietyDepression

Impact on work routines?

Conclusion

Educators play vital part in support and assessment for this group

Conflict around right not to disclose and individual responsibility to ensure fitness to practice.

Open communication between all three parties is vital.

Need to ensure service to patients/clients/service users maintained.