Transcript Disability and the Law

Disability and the Law
Occupational Therapy Placement Educators Conference
Sheffield Hallam University 2012
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Fitness to practice
Professional competencies
Disability and the law
Disclosure
Reasonable 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.
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The Role of Practice Educator
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Support to progress through placement
Assessment - complete formal booklet
If student is disabled - to make reasonable
adjustments
Tutors may have limited information
regarding student's abilities - may not see on
a one to one
Educator's assessment therefore is vital for
assessment
Level 4 placement may throw up disabilities
that student and tutors unaware of.
Responsibility of Educators
COT Code of ethics 2009
 Professional competence- Delegation
 5:2 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.
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Professional competence and
conduct
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5:2.1 Occupational Therapists should
provide appropriate supervision for the
individual to whom they have delegated
the responsibility.
Supervision
HPC
Standards 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
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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.
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Fitness to practice
1b.3
 Understand 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
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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.
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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.
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Standards or proficiency
1a.6
 be able to initiate resolution of problems
and be able to exercise personal initiative
 Know the limits of their practice and will
seek advice
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1a.7
 Recognise the need for effective selfmanagement of workload and resources
and be able to practice accordingly.
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Aim : to reduce the prejudice,
disadvantage and discrimination
associated with disability.
 Action to promote inclusion, participation
and equal opportunities
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The Law - DDA 1995 & 2005
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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.
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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’
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Definition of Reasonable
Adjustment
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Applies in relation to a provision, criterion,
or practice, other than a competence
standard.
Duty by DDA- reasonable
adjustments
Direct
discriminatio
n
Treatment of
a disabled
person is less
favourable
than others
without
disability.
Failure to
make
reasonable
adjustments
Disabilityrelated
discriminatio
n
• If the
employers
treatment
of a
disabled
person is
for a
reason
related to
his
disability
• Treatment
is less
favourable
Types of discrimination
Victimisation
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.
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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.
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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.
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Code of practice: Post 16
Education and related services
2007
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Under section 4 of the DDA 1995responsible 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.
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Disclosure
Specialist Equipment allowanceApparently issues around students with
bursaries not being able to get necessary
equipment.
 Non- medical Helpers AllowanceClassroom environment- Interpreters,
note takers etc- Placement
 In the real world- Access to work would
provide the support needed.
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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 environment
 Placement Environment
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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.
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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.
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Practice Placements
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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 Educator
Tutor draws up PPA in discussion with student
and educator around what adjustments it is
reasonable to accommodate.
Practice Placement Agreement
Procedure
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Bi polar
Schizophrenia
Aspergers/autistic spectrum
Obsessive Compulsive Disorder
Anxiety
Depression
How might these conditions
present in the work place?
Impact on work routines?
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.
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Conclusion