Ability Awareness for Mentors: Fiona McCandless-Sugg. Focus on how we can facilitate learning in nursing students who are covered by disability legislation (and why we should be doing this). Day 7 SPL Module (March 2009).

Aim To raise awareness of the legislative and professional disability-related issues that impact on nursing

Learning outcomes By the end of the session participants will be able to: –Define disability in accordance with current legislation –Discuss discrimination as it applies to disability –Discuss the concept of reasonable adjustments as applied to disability –Consider how disability awareness is important in nursing

Medical Model

Charity / Tragedy Model

Social Model

Disability Discrimination Act (DDA) 1995 Ensures legal rights for disabled people Focuses on employment, access to goods, services and facilities, and education

DDA – Part 1 Definition –“a physical or mental impairment which has a substantial and long- term adverse effect on your ability to carry out normal day-to-day activities”

Normal day-to-day activities At least one must be badly affected: –Mobility –Manual dexterity –Physical co-ordination –Continence –Ability to lift, carry or move everyday objects –Speech, hearing or eyesight –Memory or ability to concentrate, learn or understand –Understanding of the risk of physical danger

Not covered under DDA These are not considered impairments: –Lifestyle choices such as tattoos or non- medical piercings –Tendency to steal, set fires, and physical or sexual abuse of others –Hayfever, if it does not aggravate the effects of an existing condition –Addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed

DDA – Part 2 Employment and occupation –Aims to stop discrimination against disabled people at work and when disabled people apply or train for jobs Reasonable adjustments –To the workplace and the job description –Adjusting premises, altering hours, or buying equipment –Access to work

Qualifications Bodies Must take reasonable steps to prevent disabled students, members or applicants being placed at a substantial disadvantage compared with people who are not disabled Do not need to make reasonable adjustments to professional standards –Must be justified –Make adjustments to assessment process where necessary

Work Placements Unlawful for work placement providers to discriminate in: –Selecting work placement candidates –The terms of the placement –Dismissal Reasonable adjustments may depend on the length of the placement

DDA – Part 4 Legislation brought in as the Special Educational Needs and Disability Act (SENDA, 2001) Covers pre-16 and post-16 education Work-based training that takes place in an institution is also covered

Reasonable Adjustments Might include: -Changing admissions, administrative and examination procedures -Changing course content -Changing physical features and premises -Changing teaching arrangements -Providing additional teaching -Providing communication and support services -Offering information in alternative formats -Training staff There is an anticipatory duty

Disabled Student Allowance DSAs are intended to cover any extra costs incurred because a student has a disability They are not means tested Four categories: –Specialist equipment allowance –Non-medical helpers allowance –General expenditure allowance –Travel allowance

DDA (2005) Passed in April 2005 Amends DDA (1995) Most changes to be implemented by end of 2006 Key points: –Definition –General qualifications awarding bodies –Transport –Public Sector Duty

Disability Equality Duty Public sector required to actively promote disability equality Positive duty Eliminate unlawful discrimination Disability Equality Scheme Must demonstrate that they have taken actions that they have committed themselves to, and achieved appropriate outcomes

Hidden Disabilities A disability that is not immediately obvious to the observer Social impact – “you look OK” –Implications can be dismissed as unimportant –Effects on confidence and well-being of person with a hidden disability

Examples Asthma Transplants Diseases of the heart / circulatory system Mental disabilities / learning difficulties / psychological illnesses Epilepsy Dyslexia

Equality Equality Act (2006) Equality and Human Rights Commission –The Disability Rights Commission (DRC) –The Commission for Racial Equality –The Equal Opportunities Commission Discrimination also unlawful on grounds of age, religion or belief, or sexual orientation.

SKILL Hannah – deaf Deidre – dyslexia Joanne – deaf Mary – neurofibromatosis Stephen – dyslexia Angie – physical and mental health difficulties

NMC Standards All students to be supported to achieve full potential Work in partnership Confidence that disclosure will not lead to discrimination

NMC – Good Health NOT absence of disability or health condition No “blanket bans” Must be capable of safe and effective practice without supervision

Maintaining Standards Result of DRC Formal Investigation –Regulatory frameworks –Assessment of health –Disclosure Nursing, teaching and social work –Professional Regulation –Access to professions “What’s wrong with you”? not “What can you contribute”?

Maintaining Standards Protection of public is highest importance Professional regulations –Do nothing to protect the public –May offer a sense of false security

Reasonable Adjustment - Nursing RCN Guidance Reasonable to consider: –Practicality –Effectiveness –Cost –Health and safety (self and others) Be creative - Outcome

Educational Considerations Not about compromising professional standards Previous educational experiences How do we promote disclosure? How do we promote awareness?

Mentor obligations Duty to: –Eliminate harassment, victimisation and discrimination on basis of disability –Promote equality of opportunity –Promote positive attitudes towards disabled people –Create positive environment for disclosure

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