1. Welcome back!

2. BTEC Unit 6 Legislation, guidance and assessment

3. Objectives To examine the legislation and guidance relevant to assessment of and provision for deaf and hard of hearing clients To analyse the effectiveness of the legislation and guidance To analyse assessment procedures

4. “the whole concept of reasonable adjustment is dubious as it supposes that discrimination may be reasonable, which should never be the case” (NADP response in Sept 2015 to House of Lords call for evidence on The Equality Act)

5. In your pairs, discuss: 1. What is the key legislation/guidance that governs your practice? 2. How are you implementing this in your day to day practice? 3. Is it being applied in your workplace as intended? Is this the same in other geographical areas?

6. 4. If the legislation/guidance is there to give rights to and empower your clients, how well does this work in practice? 5. How do local, practical considerations (e.g.budgets, staffing) impact on applying legislation/guidelines? It may help if you relate this to real examples

7. Legislation and guidelines Care Act 2014 supersedes National Assistance Act 1948 and Fair Access to Care Services (FACS) guidance 2003 Equality Act 2010 (supersedes Disability Discrimination Act 1995) Health and Social Care Act 2012 (includes AQP) Welfare Reform Act 2012 (includes PIP, universal credit, income support, jobseeker’s allowance)

8. Legislation and guidelines NHS and Community Care Act 1990 ('providers' in the internal market, health organisations became NHS trusts, competing with each other) Human Rights Act 1998 UN Convention on the Rights of Persons with Disabilities 2008 New regulations on smoke alarms and landlords after Oct 2015 Children and Families Act 2014 (includes education, health and care plans for children with special educational needs)

9. Models of assessment Questioning model – the worker is seen as the expert and follows a set format of questions Procedural model – the worker gathers information in order to see if agency criteria are met Exchange model – the service user is seen as the expert on his/her own situation; the worker has knowledge of systems, resources, eligibility, funding and available choices to maximise potential Smale and Tuson (1993)

10. Assessment workshop activity In your group, examine together the assessment procedures in your different sensory teams/areas. Consider referral routes; links with/information from other services/agencies; assessment models; forms and processes; how you implement decisions. Identify similarities/differences and examples of good practice to report back to the whole class.

11. Consider... - To what extent are clients truly involved? To what extent do they feel able to express their views? - Is assessment still on rather than with the client? - Is the emphasis still on procedure?

12. Assessment – some pitfalls ‘The way it’s done here’ approach – fitting service users to the routine response of your agency instead of focusing on the client Using the assessment process to ration resources or disguise their absence - so the assessment becomes resource-led rather than needs-led. The assessment process raises expectations that cannot be met – as there has to be a full assessment regardless of resources

13. Reference Smale, G. and Tuson, G. (1993) Empowerment Assessment; Care management and the skilled worker London NISW