Standards for disability information and advice provision in Scotland (Revised 2004)
Introduction
A. Background to the standards
These Standards have been developed for the Scottish Accessible Information Forum (SAIF) by Michael Bell Associates (MBA) in partnership with the Federation of Independent Advice Centres (now Advice UK).
SAIF is a project funded by the Scottish Executive until March 2002, based in the Scottish Consumer Council with a brief to carry forward recommendations made by the Scottish Working Group on Information Services for People with Disabilities and Carers. The Standards project was commissioned to meet the recommendations contained in this working group's final report: Enabling Information(1995).
The Standards have been produced at a time of great change with the implementation of the Disability Discrimination Act and the establishment of a Disability Rights Commission. The legislative framework is beginning to encourage greater accessibility although there is a lack of information and co-ordination in response to these changes. Therefore, one of the likely ongoing tasks for SAIF will be to develop Standards and campaign for ever greater improvements.
The Standards themselves are written on the basis of a "social model" rather than a "medical model" of disability. As such, the Standards are designed to encourage disabled people to make demands upon service providers and to participate in ongoing improvements. They have been developed following extensive consultation both with service commissioners and providers and disabled people themselves.
The Standards seek to address the concerns raised by disabled people. Focus groups of disabled people indicated that at present a range of very basic needs were not being met by advice and information providers. These included restrictions to:
- Physical accessibility including both the design and layout of current building to the limited range of different formats available
- Psychological accessibility encompassing both the attitudes and knowledge of staff.
Some of these issues, such as the physical constraints of existing premises may raise resourcing issues; others, such as staff attitudes may reflect a lack of management commitment to ensure the accessibility of services for disabled people.
B. The role of the standards
The Standards are intended to assist agencies in the voluntary, private and statutory sectors to ensure that disabled people can access effective information and advice services.
The Standards recognise that disabled people access information and advice from a range of agencies. These agencies range from those that specialise in disability issues, through generalist advice services offering their services to all members of the public, to other agencies where information and advice form only a small part of their work.
The Standards are designed to be applicable to all of these agencies. However, they are particularly targeted at those agencies that provide a service to all members of the public and are designed to assist them in providing a service to disabled people that is:
- Client orientated
- Is private and confidential
- Identifies information needs
- Is accurate
- Provides options
- Provides for referral
- Provides for follow-up action
- Provides redress to service users
- Provides adequate publicity
Standards are a means of establishing the parameters of a service. Procedures and systems are not prescribed in detail within the Standards nor do they contain targets. They are deliberately designed to identify a range of indicators; they may be used by individual agencies to develop performance targets that can be monitored and reviewed. It is important that they are not seen as providing a maximum level of service, but a framework for continual improvement and development. Future changes in individual agencies need to be informed and developed by the aspirations of disabled people.
The Standards are written to be relevant to all agencies, large and small, urban and rural. Some agencies may well see themselves as being "too small" or "too under-resourced" to meet the Standards. However, limited resources should not be seen as a reason for not striving for high standards. Innovative practices can extend the scope of even small and poorly resourced agencies. Many of the Standards require only the will of the agency to achieve a high standard, to set aside time to look at what is good practice and resolve to implement it.
Similarly, we stress that the Standards are not solely the responsibility of individual agencies. By working together agencies can greatly enhance their capacity to meet the needs of disabled people. The section entitled The Standards & Localities looks at the role that local authorities can take in supporting compliance with the Standards.
The Standards have not been designed to be purely a tool of auditing organisational performance. They are a tool for disabled people, service providers and service commissioners to assist in realising the aspirations for services to be accessible to all. As well as providing organisations with a means of reviewing past and current activities they should assist in the future development of services.
The Standards aim to be dynamic. They include guidance on how to involve disabled people or their representatives as part of the feedback loop to ensure that the Standards continue to develop and meet their needs.
The Standards include three separate components:
- The standards and local information strategies - This section recognises that there is a need for strategic planning on a locality basis to underpin the development of individual services in order to ensure equitable access.
- The standards and disabled people or their representatives - This section is for disabled people themselves and outlines the minimum service that they should be able to expect and how to complain and campaign if these are not met.
- The Standards for Information & Advice Providers - This section contains both the Standards and guidance for individual agencies on how they can meet the needs of disabled people, including the ways in which they should be involved in the planning and delivery of services. It also contains a self-assessment checklist for agencies.
SAIF is planning a programme of work to support the implementation of the Standards. Further details are available from the SAIF office.
C. The role of information and advice
The provision of good quality information and advice should be seen as central to any service. Without access to this information people's capacity to access services or to exercise their rights is severely restricted. As such, information and advice should play a key role in any strategy to promote social inclusion.
Advice should be about more than the resolution of problems; it should be about presenting options. As such, advice and information needs to consider more than just the presenting issues. It should include the identification of:
- Needs
- Aspirations
- Problems
- Constraints
- Resources
D. The information and advice process
The term ‘advice’ needs some definition as it is used in a number of ways by different organisations and even within single organisations. We have taken the term to be a generic one relating to a range of complementary activities and processes. We define advice as:
- Listening to service users
- Identifying information needs
- Giving information
- Advising on the options available
- Taking action on behalf of clients as requested
- Making referrals where appropriate
- Negotiating on service users’ behalf as requested
- Representing service users’ cases at tribunals and courts
- Enabling or empowering individuals to take informed action on their own behalf as appropriate.
The advice service will need to decide which of these interventions it is competent and sufficiently resourced to undertake. Within this framework the role of the individual adviser is to work in partnership with the client to assess which of these interventions is appropriate.
Each of these activities may be more or less resource intensive and require either general or specific skills from the adviser. At this time there is no ‘industry’ standard definition of the advice process. We have broken these activities down into three principal categories:
Level 1 - Information, Signposting and Explanation:
This work refers to activities such as providing information either orally or in writing, signposting or referring the user to other available resources or services, and, the explanation of technical terms or clarifying an official document, such as a tenancy agreement or a possession order.
Level 2 - Casework:
Initially this work will include:
- An initial interview where the problems and all relevant issues are identified
- Making a judgement as to whether the person has a case that can be pursued.
Once it has been established that the person has a case that can be pursued, activities may include:
- Setting out the service user's options or courses of action
- Encouraging the service user to take action on his/her own behalf
- Providing practical aid with letters or forms
- Negotiating with third parties on the service user's behalf
- Introducing the service user by referral to another source of help.
Level 3 - Assistance:
This work includes a range of further actions arising from the casework undertaken above. This preparation may have been undertaken by the adviser or may have come to the adviser by referral from another organisation or adviser. The principal activities may include:
- Support - to users in making their own case
- Advocacy - where the adviser may speak to another party on behalf of the user
- Mediation - where the adviser may stand between two parties to enable them to communicate with each other and resolve their differences
- Representation - where the adviser may prepare a case for the user and represent or speak on his/her behalf at a tribunal or court.
Strategic Work:
In addition to these principal activities advice providers may also have a role in Policy Comment. In this they use their experiences in providing direct advice to the public to inform and alert policy makers to issues of concern and promote specific changes in law or practice that may help larger numbers of people. An example of this approach may involve an advice centre gathering statistics on repossessions arising from rent arrears in an attempt to secure a change in policy from the local authority or other social landlord.
E. The involvement of service users and disabled people
In considering the issue of the involvement of service users and disabled people we have drawn upon a model (From "Principles, Policy & Practice..." by Michael Bell Ass. 1997) that covers the four key areas of organisational activity. These are:- Individual - the involvement of individuals in organising their own lives
- Operational - the involvement of service users and disabled people in planning the day-to-day activities of a service
- Strategic - the involvement of service users and disabled people in planning the future direction and development of a service
- Governance - the involvement of service users and disabled people in the management of a service.
Since the Griffiths Report into Community Care there has been a growing emphasis upon involving individuals in determining their own independent living packages. This is based upon the assumption that individual interventions have the best chance of success where recipients are actively engaged in determining what they may receive. Whilst developed for personal social services, this principle may also be applied to the provision of advice and information.
This is not without boundaries and is particularly constrained by the capacity of an agency to deliver what is requested and by available resources. However, even within these constraints, there is substantial anecdotal evidence of resources being reallocated to reflect users' own perceptions of needs rather than provision determined solely by professionals. Such an approach should not only lead to the more efficient allocation of resources and more appropriate services but also by so empowering individuals to a lessening of demand for services in the longer term.
There are four key stages and different organisations will be at different points in this continuum. The stages are:
- INFORMATION
- CONSULTATION
- PARTICIPATION
- CONTROL
These Standards aim to reflect these stages. However, as a minimum we suggest that the Standards will need to encourage organisations to inform and consult with service users.
F. The legislative context for the standards
The first edition of these standards was produced at a time of great change in legislation regarding the rights of disabled people and the structures of government.
Most notably this included:
- Devolution and the establishment of the Scottish Parliament
- The establishment of the Disability Rights Commission
- The implementation of the Disability Discrimination Act, 1995
This process of change is continuing with:
- Further implementation of the Disability Discrimination Act in October 2004
- New European regulations to enhance the rights of disabled people in employment due into force in October 2004
- A new Disability Bill which should become legislation before the end of 2004
- A rewriting of education and special educational needs legislation in Scotland with the Additional Support for Learning Bill.
Disability Rights Commission
The Disability Rights Commission (DRC) officially opened its doors in Scotland in December 2000. Its job is to:
- Eliminate discrimination and work towards equal opportunities for disabled people
- Encourage good practice in the treatment of disabled people
- Review the DDA in practice
- Investigate and take action in discrimination cases and manage a conciliation service.
It published its first review of the Disability Discrimination Act in April 2003 and it is hoped that many of the issues raised will be dealt with in the Disability Bill.
The Commission offers a number of services:
- A website with all the relevant legislation and guidance, all the DRC publications available to download, and up to date news and information on the work of the Commission – www.drc-gb.org
- A helpline which provides advice and information to all callers, whether disabled people or employers and service providers
Phone 08457 622 633
Textphone 08457 622 644
E mail - A casework service to help disabled people who feel they have been discriminated against try to resolve their issues – contact the helpline to access this service
- Legal representation in courts and tribunals for disabled people whose cases are of strategic importance and will test or change the law.
The Government have announced plans to merge the DRC, EOC and CRE into one Equality and Human Rights Commission, probably in 2006. It is presently unclear what effect this will have on the service available to disabled people.
Disability Discrimination Act 1995 (DDA)
By October 1st 2004 service providers will have to have taken reasonable steps to remove, alter, or provide reasonable means of avoiding physical features that make it impossible or unreasonably difficult for disabled people to use a service. This should start a move towards physical access to all services available to the public.
Education
In September 2002 education was included in the DDA. This means that all local authority nurseries, all schools whether local authority run, private or special, and all further and higher education establishments cannot discriminate against disabled pupils and students.
At the same time the Scottish Parliament passed the ‘Education (Disability Strategies and Pupils Educational Records) Act 2002’. This places a duty on all schools (again including private and special schools) to produce plans on how they are working towards greater accessibility to buildings, the curriculum and better communication.
Employment
The new Disability Discrimination Amendment Regulations 2004 come into force in October 2004. Among other changes, small employers (those with less than 15 employees) will be covered by Part II of the legislation.
Scottish Parliament and disability equality
Although discrimination is a matter reserved to the Westminster Parliament, the Scotland Act 1998 gives the Scottish Parliament the right to legislate for the encouragement of equal opportunities and for imposing duties on public authorities to make sure they carry out their functions with proper regard to equal opportunities.
As a result, a number of pieces of legislation have included equal opportunities provisions including:
- ‘The Standards in Scotland’s Schools etc Act 2000’
- ‘The Regulation of Care (Scotland) Act 2001’
- ‘The Housing (Scotland) Act 2001’.
Perhaps the most important has been the ‘Local Government in Scotland Act 2003’. All local authorities must have regard to equal opportunity requirements when they implement best value.This means that the local authorities can ensure that the companies and organisations that they are working with comply with equal opportunities requirements.
The Act also says that everyone involved in the legislation, the Scottish Executive, local authorities etc must also encourage and observe equal opportunities in all that they do.
Other relevant legislation
Care Management and Assessment - Summary of Practice Guidance published by the Department of Health, the Social Services Inspectorate and the Scottish Office Social Work Services Group (1991) is concerned that services should strive to meet the needs of disadvantaged individuals more effectively. It states:
“In the past mainstream services have not satisfactorily addressed the needs of disabled people and those from black and minority ethnic communities...if agencies are to take full advantage of the opportunities offered by care management to rid themselves of discriminatory practices they will require:
- Policies, priorities and objectives framed with representatives from these disadvantaged groups”
It should be noted that people have a legal right to have access to information held about them by social work departments and health boards etc.
As far as social work files are concerned, the relevant legislation is: Access to Personal Files (Social Work)(Scotland) Regulations 1989. This legislation was added to by the Scottish Office Guidance to Local Authorities from the Social Work Services Group (Circular SW2/89).
Under these two pieces of legislation people have a right to see and, if requested, have copies of information held by the Social Work Department, including files, Community Care Assessments etc. There are some restrictions on the type of information e.g. if a third party is identified his/her permission must be obtained before disclosure. The same applies to information provided by other professionals e.g. G.P.s etc. The Social Work Department must respond within 40 days.
As far as health records are concerned, the relevant empowering legislation is: Access to Health Records Act 1990 and specifically in Scotland, Access to Health Records (Steps to secure compliance and complaints procedure) (Scotland) Regulations 1991, Statutory Instrument 1191/2295. Applications have to be in writing and a response should be received within 21 days if it is recent information or 40 days otherwise. It is important to note that people do not have a right to information older than 1st November 1991, the day the Act came into effect.
Anyone who uses any social work service is entitled to be told by the Social Work Department of any other services which the local authority provides which might be relevant to his/her needs. The Department is also expected to inform people about any other services that they are aware other organisations provide. S1(2)(b) of the Chronically Sick and Disabled Person's Act (Scotland) 1972 as amended by s9 of the Disabled Persons (Services, Consultation and Representation) Act 1986.
This is potentially important as it says that there is a clear duty on social work departments to 'ensure' that people receive this information (rather than, for example, leaving it up on notice boards).
The Regulations and Guidance to the Children (Scotland) Act 1995 state that local authorities must publish information about relevant services they provide for children, including disabled children, by 1st April 1998. By this date they must also have produced children's services plans. Information should also include details of services provided by voluntary organisations or others, if those services are ones which the authority has the power to provide.
The Scottish Parliament has passed the Freedom of Information (Scotland) Act 2002, and it comes into force in January 2005. This means that all Scottish public bodies must provide information to members of the public when it is requested, with very limited exceptions. Where reasonable, there is a duty to provide the information in alternative formats. There is also a specific duty to assist individuals who may need help to make their request and a recognition that not all requests will be in writing.
Under the Data Protection Act 1998 individuals have the right of access to records kept about them, and the right to prevent or stop processing of personal data that is likely to cause damage or distress.
Individuals are entitled to know what information is held about them, how it’s used, and who it may be passed to.
Explicit consent is needed to store or process ‘sensitive personal data’. That is, information relating to:
- Racial or ethnic origin
- Political opinions
- Religious beliefs
- Trade union membership
- Health
- Sexuality and sex life
- Offences and convictions.
Consent is not required to store information that is not classed as ‘sensitive personal data’. For example, name and address, as long as only accurate data that is necessary for a service to be provided is recorded.
Further information on the Data Protection Act is available from the Information Commissioner at:www.informationcommissioner.gov.uk.
The Scottish Information Commissioner is responsible for enforcing the new right to access public information created by the Freedom of Information (Scotland) Act: www.itspublicknowledge.info
The Human Rights Act 1998 provides rights to disabled people, though in fairly limited circumstances. Perhaps some of the more important are:
- the right to life
- the right to private and family life
- the prohibition of torture and inhuman and degrading treatment
- the right to non-discrimination (though this is only triggered where another right exists).