disability and the law
DESCRIPTION
Disability and the Law. Occupational Therapy Placement Educators Conference Sheffield Hallam University 2012. Fitness to practice Professional competencies Disability and the law Disclosure Reasonable adjustments. Issues for debate. - PowerPoint PPT PresentationTRANSCRIPT
![Page 1: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/1.jpg)
Disability and the LawOccupational Therapy Placement Educators Conference
Sheffield Hallam University 2012
![Page 2: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/2.jpg)
Fitness to practiceProfessional competenciesDisability and the lawDisclosureReasonable adjustments
Issues for debate
![Page 3: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/3.jpg)
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
![Page 4: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/4.jpg)
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.
![Page 5: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/5.jpg)
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
![Page 6: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/6.jpg)
5:2.1 Occupational Therapists should provide appropriate supervision for the individual to whom they have delegated the responsibility.
Supervision
![Page 7: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/7.jpg)
HPCStandards of proficiency
![Page 8: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/8.jpg)
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
![Page 9: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/9.jpg)
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
![Page 10: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/10.jpg)
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:
![Page 11: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/11.jpg)
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.
![Page 12: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/12.jpg)
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
![Page 13: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/13.jpg)
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
![Page 14: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/14.jpg)
1a.7Recognise the need for effective self-
management of workload and resources and be able to practice accordingly.
![Page 15: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/15.jpg)
Aim : to reduce the prejudice, disadvantage and discrimination associated with disability.
Action to promote inclusion, participation and equal opportunities
The Law - DDA 1995 & 2005
![Page 16: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/16.jpg)
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
![Page 17: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/17.jpg)
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
![Page 18: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/18.jpg)
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
![Page 19: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/19.jpg)
Applies in relation to a provision, criterion, or practice, other than a competence standard.
Duty by DDA- reasonable adjustments
![Page 20: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/20.jpg)
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
![Page 21: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/21.jpg)
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
![Page 22: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/22.jpg)
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
![Page 23: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/23.jpg)
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
![Page 24: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/24.jpg)
Under section 4 of the DDA 1995- responsible that graduates meet the HPC standards of proficiency.
The university responsibility
![Page 25: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/25.jpg)
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
![Page 26: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/26.jpg)
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
![Page 27: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/27.jpg)
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
![Page 28: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/28.jpg)
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
![Page 29: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/29.jpg)
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
![Page 30: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/30.jpg)
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.
![Page 31: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/31.jpg)
How might these conditions present in the work place?
Bi polarSchizophreniaAspergers/autistic spectrumObsessive Compulsive DisorderAnxietyDepression
![Page 32: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/32.jpg)
Impact on work routines?
![Page 33: Disability and the Law](https://reader030.vdocuments.mx/reader030/viewer/2022020117/56812be2550346895d905526/html5/thumbnails/33.jpg)
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.