Independent Living in Scotland project (ILiS)

Resource pack

This is a pack of resources for organisations hosting events on the Scottish Government and COSLAs draft Delivery Plans on the United Nations Convention on the Rights of Disabled People

2015

About ILiSThe Independent Living in Scotland project is funded by the Scottish Government. It has been set up to support the progression of disabled people’s human rights, and in particular those rights in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). ILiS is the lead partner supporting the Scottish Government to develop their plans to implement the UNCRPD in Scotland.

About the draft Delivery Plans (DDPs)The Scottish Government have published a draft Delivery Plan setting out how they will implement the UNCRDP in Scotland. The Convention on the Scottish Local Authorities (COSLA) has also published a draft Delivery Plan, it sets out how Local Government in Scotland will implement the UNCRPD. Both Delivery Plans were published in draft form for consultation on the 8th September 2015. Responses must be with CoSLA by 8th November 2015 and with Scottish Government by 4th January 2016.

About the resources in this packILiS want the final Delivery Plans to be the best they can be so that disabled people’s human rights can become the reality they experience. That is why we hope that as many disabled people and their organisations as possible will respond to the consultation. We have produced this pack of resources to inspire and support disabled people and their organisations to do this. The pack includes reference tools for staff in organisations who are hosting/supporting engagement events and briefings and information for participants attending them. Some of the information is drafted in full by ILiS, other parts of it have been taken from trusted sources on the subject matter e.g. the UN Enable website. The material in it can be printed off, or cut and pasted and used as part of other information papers. If the ILiS briefings in the pack are reproduced, please credit the ILiS project www.ilis.co.uk.

This pack is also available in Easy Read from www.ilis.co.uk

We would like to thank Inclusion Scotland and the Scottish Disability Equality Forum for their advice and support in drafting this.

Published by ILiSSeptember 2015

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ContentsBackground to the Scottish Government and COSLA draft Delivery Plans (DDPs) on the UNCRDP................................................................3

Information on the United Nations Convention on the Rights of Disabled People (UNCRDP)...................................................................................7

Full list of the UNCRDP Articles.............................................................10

What disabled people asked the Scottish Government to put in their draft Delivery Plan on the UNCRDP...............................................................13

“Ready for Action Too” – what disabled people asked Local Government, Scrutiny Bodies and MSPs to do to implement the UNCRDP................29

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Background to the Scottish Government and COSLA draft Delivery Plans (DDPs) on the UNCRDP

Note: This briefing was produced by the Independent Living in Scotland project (ILiS). It includes information on the UNCRPD. It also has information about the 2 consultations on the UNCRPD which disabled people and others can contribute to. This briefing could be given out to people coming to events or used to tell people about the consultations and inspire them to respond themselves.

There are 6 sections in this briefing:

1. The United Nations Convention on the Rights of Disabled People (UNCRDP)

2. How the UNCRDP is monitored3. Scotland’s response to implementing the UNCRDP so far4. The Scottish Government’s draft Delivery Plan5. The Local Government draft Delivery Plan6. What next?

1. The UNCRDP – there is more information on the UNCRPD in the briefing “information on the United Nations Convention in the Rights of Disabled People”, also included in this pack

All human rights belong to disabled people.  The UNCRDP is one of a number of international treaties that the UK has signed up to (an example of another treaty like it is the United Nations Convention on the Elimination of Discrimination Against Women – UNCEDAW).  It was developed by disabled people, for disabled people.  It is supported internationally because of the recognition that disabled people are still frequently denied basic rights and freedoms that non-disabled people take for granted.  Crucially, the UNCRDP requires the full participation of disabled people in the development and implementation of legislation, policies and programs to implement the Convention. This is something that sets it apart from other international treaties. 

The UK signed the Convention in 2007 and ratified it in June 2009. This means it is legally binding on the UK. Whilst signed by the UK Government, its ‘provisions… extend to all parts of federal States without

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2015any limitations or exceptions’1. This means bodies which the UK Government have directly or indirectly delegated responsibilities to, have duties. In Scotland this includes the Scottish Government, Non-Departmental Public Bodies, Local Authorities, Health Boards and others.

The rights set out in the UNCRDP are not yet a reality for disabled people in Scotland.  Addressing this and ensuring implementation of the Convention requires a number of actors to play their part to make rights a reality – including the Scottish Government.

2. How the UNCRPD is monitored

To help encourage action and to hold signatories to the Convention to account, a UN Committee regularly examines how state parties are implementing the UNCRDP. They examine reports from civil society, Governments and the Independent Mechanisms for monitoring the Convention in the specific country. The UN Committee also hears evidence in person at special meetings of the Committee.

The UK Government submits the report on behalf of Scotland. The Scottish Government prepare their contribution for inclusion in it to ensure that Scotland is represented appropriately. Inclusion Scotland2 put together the civil society report for Scotland which is independent from the Government report. This report is informs a ‘4 nations’ report submitted by Disabled People’s Organisations from across the UK. The Scottish Human Rights Commission (SHRC) and the Equality and Human Rights Commission are the UK’s Independent Mechanisms who monitor and report on the UNCRDP in Scotland (they are known as UKIM’s in this context – UK Independent Mechanism).

3. Scotland’s response to implementing the UNCRDP so far

Inclusion Scotland have engaged with disabled people to ask them their experiences of rights in Scotland, and their ideas for what needs to change. The EHRC and the SHRC published a report, highlighting what needs to change, in December 2014. You can download it here: http://www.scottishhumanrights.com/application/resources/documents/MonitoringtheImplementationoftheUNCRPD.pdf. Bringing all of this together, ILiS worked with various disability organisations and the Scottish Government, Scrutiny Bodies in Scotland, MSPs and Local Government, to help identify what actions they need to take to 1 Article 4, UNCRDP2 http://www.inclusionscotland.org/

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2015implement the UNCRDP in Scotland. This work involved; tailored seminars, briefings, and one to one meetings. A report of the work ILiS did with Local Government, Scrutiny Bodies and MSPs is available to download at http://www.ilis.co.uk/uploads/docs/Ready%20for%20action%20too_FINAL.pdf.

4. The Scottish Government’s draft Delivery Plan on the UNCRDP

In response to their obligations on the UNCRDP and the information they have received (through the processes outlined at sections 2 and 3 above), the Scottish Government have published for consultation a draft Delivery Plan on implementation of the UNCRDP in Scotland. The consultation opened on the 3rd of September 2015 and closes in January 2016. Click here http://www.gov.scot/Consultations/Current to link to the Scottish Government’s consultation.

The Scottish Government’s plan includes a set of commitments on action to progress the UNCRDP. It sets out actions for the Scottish Government and its agencies over the next 10 years. It is possible that not everything disabled people have asked for or that is needed, will be in the plan – but the public consultation is an opportunity to say that.

5. The Local Government draft Delivery Plan on the UNCRDP

Recognising the key role of Local Government in making the rights in the UNCRDP a reality, and in response to the information received through the above processes, COSLA also published for consultation, a draft Delivery Plan for Local Government in Scotland, on implementation of the UNCRDP. It was published for consultation alongside the Scottish Government’s DDP, on the 3rd of September. This plan includes a set of commitments on action to progress the UNCRDP. It sets out actions for the 283 councils that are members of COSLA between 2015 and 2018. Click here http://www.cosla.gov.uk/ to link to the Scottish Government’s consultation. It is possible that not everything disabled people have asked for or that is needed, will be in the plan – but the consultation will be an opportunity to say that.

6. What next?

3 To ensure that all Local Authorities (LAs) in Scotland are taken into account, it is suggested that disabled people and their organisations bring the final local Government DDP to the attention of the 4 LAs not members of COSLA and ask them to replicate in their area, or indeed to draft their own plan.

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After the consultations close, the Scottish Government and COSLA will consider what the responses say. They will use these to make changes to their plans. Final Delivery Plans on implementation of the UNCRDP will be published by the Scottish Government and COSLA in Spring 2016.

This briefing was drafted in 2015 by the ILiS project. It was produced for inclusion in the ILiS Resource Pack for organisations hosting engagement events on the draft Delivery Plans on the UNCRDP in Scotland.

ILiS www.ilis.co.uk2015

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Information on the United Nations Convention on the Rights of Disabled People (UNCRDP)

Note: This briefing explains the purpose, definitions and general obligations on the UK, of the UNCRDP. It also includes a list of the articles in the UNCRDP. It could be given out to people coming to events or used to tell people about the consultations and inspire them to respond themselves. The majority of the information in this briefing has been taken from the UN Committee’s website – http://www.un.org/disabilities/convention/conventionfull.shtml

The United Nations Convention on the Rights of Disabled People (UNCRDP): Purpose, definitions and general obligations4

Article 1: Purpose

The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all disabled people, and to promote respect for their inherent dignity. Disabled people include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

Article 2: Definitions

For the purposes of the present Convention: “Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; “Language” includes spoken and signed languages and other forms of non-spoken languages; “Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

4 Taken directly from the UNCRDP in fullPage 7

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It includes all forms of discrimination, including denial of reasonable accommodation; “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to disabled people the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; “Universal design” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of disabled people where this is needed.

Article 3: General principles

The principles of the present Convention are:

a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

b) Non-discrimination;c) Full and effective participation and inclusion in society;d) Respect for difference and acceptance of disabled people as part of

human diversity and humanity;e) Equality of opportunity;f) Accessibility;g) Equality between men and women;h) Respect for the evolving capacities of children with disabilities and

respect for the right of children with disabilities to preserve their identities

Article 4: General obligations

1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all disabled people without discrimination of any kind on the basis of disability. To this end, States Parties undertake:

a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;

b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against disabled people;

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2015c) To take into account the protection and promotion of the human

rights of disabled people in all policies and programmes;d) To refrain from engaging in any act or practice that is inconsistent

with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;

g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for disabled people, giving priority to technologies at an affordable cost;

h) To provide accessible information to disabled people about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

i) To promote the training of professionals and staff working with disabled people in the rights recognized in the present Convention so as to better provide the assistance and services guaranteed by those rights

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to disabled people, States Parties shall closely consult with and actively involve disabled people, including children with disabilities, through their representative organizations.

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20154. Nothing in the present Convention shall affect any provisions which

are more conducive to the realization of the rights of disabled people and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.

5. The provisions of the present Convention shall extend to all parts of federal States without any limitations or exceptions.

Full list of the UNCRDP Articles

A1 Purpose

A2 Definitions (e.g. communication, discrimination, reasonable accommodation)

A3 General principles

A4 General obligations

Specific obligations/ duties on State Parties

A5 Equality and non-discrimination

A6 Disabled women

A7 Disabled children

A8 Awareness raising

A9 Accessibility

A10

Right to Life

A11

Situations of risk and humanitarian emergencies

A12

Equal recognition before the law

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Access to justice

A14

Liberty and security of person

A15

Freedom from torture or cruel, inhuman or degrading treatment or punishment

A16

Freedom from exploitation, violence and abuse

A17

Protecting the integrity of the person

A18

Liberty of movement and nationality

A19

Living independently and being included in the community

A20

Personal mobility

A21

Freedom of expression and opinion and access to information

A22

Respect for privacy

A23

Respect for home and the family

A24

Education

A25

Health

A26

Habilitation and rehabilitation (in particular: health, education, employment and social services)

A27

Work and employment

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Adequate standard of living and social protection

A29

Participation in political and public life

A30

Participation in cultural life, recreation, leisure and sport

A31

Statistics and data collection

A32

International cooperation

A33

National implementation and monitoring (Govt, independent mechanisms & disabled people)

UN committee purpose, function and relationship with State Parties

A34

UN Committee on the rights of disabled people

A35

Submission of reports by States Parties (on measures taken and to give effect to obligations and progress made - 2 years, then 4 years)

A36

Consideration of reports by UN Committee

A37

Cooperation between State Parties and the Committee

A38 - 50

Include UN committee remit and administration of Convention, accessible formats and authentic texts, incompatible reservations by State Parties to Convention , amendments and denunciation by State Parties

Optional protocol

A1 Ability of the committee to receive and consider communications from or on behalf of individuals or groups of individuals who claim to be victims of a violation

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Includes information that will be inadmissible and the ways the committee will deal with such communication and the purpose and functions of the optional protocol

This briefing was produced by ILiS for inclusion in their Resource Pack for organisations hosting engagement events on the draft Delivery Plans on the UNCRDP in Scotland

ILiS www.ilis.co.uk 2015

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What disabled people asked the Scottish Government to put in their draft Delivery Plan on the UNCRDP

Note: This briefing was drafted by ILiS. It sets out what disabled people asked the Scottish Government to put in their draft Delivery Plan in 2014/15. It is included in this resource kit as a reference tool of prompts and ideas for members of staff who are facilitating events. It is not intended as a fully comprehensive list or an up-to-date one, as things change. It is included as a prompt for event faciliators.

Disabled people’s ‘asks’

Disabled people have various ‘asks’ of decision makers that would improve their equality and human rights. These are set out in a variety of places, many of which can be found on the websites of Disabled People’s Organisations (DPOs) in Scotland5. The ‘asks’ listed in this briefing were presented to the Scottish Government at a series of seminars and meetings with Policy Directorates. They do not cover every subject area and are not fully formed. In some cases other agencies besides Scottish Government have responsibility for an ‘ask’. Their inclusion in this list does not mean that no progress has been made in the area, it merely captures what disabled people asked of the Scottish Government, at a specific point in time.

Asks for all policy areas

Human rights a) Incorporate the United Nations Convention on the Rights of Disabled

People (UNCRDP) into domestic legislation.b) Set up a Ministerial Advisory Group on Disability whose role would

include overseeing implementation of the UNCRDP.c) Create the position of a Champion for Independent Living within the

Scottish Government.d) Develop a guide about disabled people’s rights.e) Impact assess your work – on human rights and on equality and work

with Disabled People’s Organisations to do this (& support their participation).

5 See the Directory of DPOs in Scotland at http://www.ilis.co.uk/uploads/Directory%20of%20Disabled%20Peoples%20Organisations%20in%20Scotland_July%202014.pdf

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The role of DPOs and need for resourcesa) Provide more funding and support to capacity build disabled people’s

organisations, nationally and locally. b) Fund and develop more advocacy services for disabled people,

including funding for peer advocacy and support.c) Use DPO’s to help access ‘hard-to-reach’/seldom heard groups of

disabled people.o N.B. Inclusion Scotland has been funded to engage with seldom

heard disabled people in relation to the UNCRDP. This is welcome and it is hoped that further, similar work could be funded in the future.

d) Issue guidance (e.g. on procurement) on the benefits of ‘community’ value over simple monetary considerations (particularly when it comes to procuring services for disabled people).

e) Create a statutory duty on public services to involve service users (or their representatives) in service procurement, commissioning and evaluation.

Inclusive communications a) Ensure that all communication by public sector bodies is inclusive. b) Use the Scottish Government’s role, both as an employer and a

leader in the Public sector, including through procurement and guidance, to promote the use of inclusive communication. An example could include to ensure that all films used by public bodies use Captions and BSL.

Awareness-raising and training a) Develop and deliver, with disabled people, a major publicity campaign

to help change attitudes to disabled people (in the same way as “see me” campaign aims to do for mental health).

b) Develop and deliver, with disabled people, Disability Equality Training for all frontline staff across the public sector.

Impairment specific policy that cuts across all areas

Mental healtha) Examine laws and policies on guardianship and consider whether

they promote supported decision-making and respect the legal capacity of disabled people, or not.

b) Develop a national framework for supported decision-making that is consistent with the UNCRDP.

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2015c) Make information about assistance for people with mental health

issues (e.g. Scottish Welfare Fund, Council Tax Reduction eligibility) more widely available and readily accessible.

d) Agree revised protocols between police/health/social care and the third sector on the care and support of people in distress or suicidal.

e) Introduce mental health/crisis/distress services that accept self-referrals and can be immediately accessed in the community.

f) Allow service providers (statutory/voluntary) to ‘bank’ any under-spends accruing within a financial year so that they do not feel compelled to spend it on non-essentials to protect future budgets and to ensure resilience during periods of pressure.

g) Develop a publicity campaign to promote the use and benefits of using Advance Statements.

Learning disabilitya) Develop separate legislation for learning disability and mental health.b) Consider whether the Adults with Incapacity Act needs to be

updated/amended to ensure it is compliant with the UNCRDP.c) Enforce existing Scottish Government guidance on learning disability.d) Review the operation of ‘Guardianship’.

Employment and Welfare

Employmenta) Amend targets for work related activity to ensure they reflect the

diversity, needs and aspirations of disabled people.b) Commissioning of employability services should not measure

employment as the only successful outcome. Employment ‘journey/distance travelled’, improvement in quality of life etc. should also be a focus for measurement.

c) Establish internships and apprenticeships, specifically for young disabled people, in every Government Directorate; and encourage Health Boards and Local Authority’s in Scotland to do the same.

o We are delighted that the NHS Scotland has recently agreed to work with Glasgow Centre for Inclusive Living to progress work placing a disabled graduate in health boards in Scotland. We suggest that this model could be replicated in other areas of the Public Sector in Scotland.

d) Identify what barriers disabled people experience in accessing Modern Apprenticeships, and review the Modern Apprenticeship Scheme – including the role of Skills Development Scotland in it – to open up access to more disabled people.

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2015e) Develop, in coproduction with disabled people, a specific work

programme for disabled people.f) Address barriers to staying in work on acquiring an impairment or

condition, or when an existing impairment or condition deteriorates.g) Fill gaps in national data about employment of disabled people.h) Develop a large scale programme to tackle discriminatory attitudes

among employers (including working to help people understand the costs of not improving access to work for disabled people versus the cost of making workplaces inclusive).

i) Involve disabled people in a genuine and meaningful way in improving recruitment processes (e.g. disabled people co-producing job descriptions; sitting on interview panels etc.).

j) Use procurement processes to improve the employment of disabled people

o Include requirements for companies who want public contracts to sign the “see me” pledge on mental health.

o Include requirements for equality, human rights and harassment policies – and the ability to demonstrate how these will be fulfilled – in contracts for employability providers (and in wider public sector procurement).

k) Market Access to Work in a way that demonstrates both to employers and disabled people that there is financial (and other) support available to ensure an inclusive workplace.

l) Acknowledge and support the value for some people of long-term supported employment.

m)Take and promote a strategic level commitment to Positive Action as a model for improving the employability of disabled people.

n) Provide funding and support for DPOs’ to engage with employers to embed equality and challenge institutional discrimination.

o) Require local authorities to end social care charges as they can create a disincentive to work.

p) Work with the business community to ensure disabled entrepreneurs are supported.

Welfarea)Ensure that Discretionary Housing Payments do not take DLA or PIP

into account as income.b)Ensure initiatives such as Council Tax Replacement Benefit and

mitigation of the Bedroom Tax stay in place. c) Treat disabled people as a priority group for Scottish Welfare Fund

payments.d) If payments from the Scottish Welfare Fund are made via the

provision of “goods” (e.g. furniture, food vouchers, cookers, fridges, etc.) then these must fit the needs of the disabled applicant.

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ensure that voluntary “work” does not mitigate against disabled people’s benefits (and work with the DWP to ensure benefits they retain responsibility for are not negatively impacted by voluntary work either).

f) Work with the DWP to ensure Access to Work is available for people doing Modern Apprenticeships and do more to raise awareness of AtW among apprentices and employers, to help encourage more disabled people to do a MA.

g) Disabled people’s entitlement to pass ported Benefits (e.g. the Blue Badge scheme, Concessionary Transport, etc.) should be given transitional protection from Welfare Reforms.

Housing, transport, tourism, Games and Culture

Housinga)Require all public sector and new housing to meet an agreed

standard; and require a higher proportion of new housing to be built to accessible standards.

o Note: Accessible includes wheelchair access (such as width of door frames and adaptable cupboard spaces on ground floors) but it also includes that all rented housing is accessible for people with other impairments e.g. hearing or visual impairments. This could include ensuring houses have accessible smoke alarms, carbon monoxide alarms, door entry systems, etc.

b)Encourage local authorities and Registered Social Landlords (RSL’s) to fund the provision of housing advice and support for, and by, disabled people. This could be through a Disabled Persons Housing Service, a Centre for Inclusive Living or a local Access Panel, for example.

c) Review the Glasgow Accessible Housing Register (launched in 2007) and look at plans for rolling this out more widely throughout Scotland/ nationally.

o Use this review to inform the development of local and national registers of accessible and adaptable social housing, to ensure that the limited stock of accessible homes is let quickly and efficiently to the disabled people in greatest need (N.B. this includes resources to ensure it is kept up-to-date).

a)Establish a more accessible system for allocating social housing which takes account of disabled people’s independent living.

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2015b)Establish, through a stakeholder group of experts including disabled

people, the effectiveness, applicability and recommendations for the improvement of:

o Building Standards as they relate to accessibilityo the Housing for Varying Need accessible housing standardo Planning Advice Note 78 on Inclusive Design

c) Develop incentives to promote good practice in (including accessible) housing design, such as creating a “national accessible design award scheme”.

d)Ensure that the need for adaptations for disabled people in all tenures is met free of charge, quickly, effectively and equitably, with individual choice being at the heart of decision making.

e)End the process of removing adaptations when disabled people vacate a property.

Transporta)Promote the development and sustainability of multi-modal transport

provision and demand-responsive transport.b) Increase the accessibility of all modes of transport for all disabled

people.c) Increase the number and enforce use of parking bays reserved for

Blue Badge holders.d)Remove the charges for Blue Badges for disabled people living in

poverty.e) Improve information and support, and develop travel training for

disabled people.f) Extend the free travel scheme to include Community Transport

providers.g)Enforce disability equality training in transport service contracts.h)Ensure that people know exactly where and when an accessible bus

will be available, by providing accurate information and, where possible, making accessible bus types available on particular routes/services at particular times. (N.B. where this falls through e.g. a breakdown, people need to be readily able to contact the bus provider, who should be responsible for getting the person where they need to go e.g. by providing an alternative such as accessible taxi).

i) Maximize the number of accessible taxis per local area – including by:o Requiring firms who have accessible taxis, to ensure that it is

the accessible taxi that is operating if only 1 of their fleet is out.

o Requiring taxi drivers to provide evidence (e.g. a certificate) of their exemption from taking passengers in wheelchairs.

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rather than just a telephone number (email is not accessible as not everyone has a smartphone).

o Seeking to improve effectiveness of equality training to taxi drivers.

j) Agree on a universal symbol signage system across all modes of transport to make travelling more accessible for all (disabled people/non-English speaking, etc.)

Commonwealth Games and sporta)Work with disabled people and their organisations, sports

organisations, the NHS, local authorities, education authorities, sports clubs, community sports hubs, and academics (and others), to; develop activity to address the barriers to disabled people’s participation in physical activity and sport; including by developing an action plan based (among other things) on the recommendations outlined in the ILiS pop up think tank report on sport6.

b)Value, use and promote the contribution of disabled people in planning for national events e.g. disabled people should be recruited as volunteers – and play active roles as volunteer leaders.

c) Issue guidance that says that the changes put in place for sporting events should be permanent e.g. the shuttle service between sporting venues, ‘changing places’ toilets.

d)Ask sports centers to find out more about the needs and desires of their community (including the support needed to access it e.g. timing of classes, including issues related to intersectionality between disability and other protected characteristics).

e)Encourage sports centers to monitor access levels over time.f) Require sports coaches and PE teachers receive disability equality

training.g)Gather, join-up, share and apply learning from data and research

around disabled people’s participation in sport.

Culturea)Work with Creative Scotland (and others) to increase the percentage

of evening and weekend films that are subtitled and audio-described in all licensed cinemas.

b) Improve disabled people’s involvement in the proposed infrastructure for Historic Environment Scotland (HES), including by taking measures to prioritize access and inclusive communication. 

c) Secure employment opportunities for disabled people across HES and the National Trust, both at staffing and Board level. 

6 http://www.ilis.co.uk/uploads/Final%20report%20of%20solutions%20series%20event%20On%20your%20marks%20disabled%20peoples%20equal%20participation%20in%20sport%20ILiS%20July%202014.pdf

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2015d) Set up Disability reference groups for all ‘national events’ e.g.

Homecoming, Festival and Fringe events. e) Ensure that all Historic Scotland properties are accessible and

inclusive for Deaf people (e.g. BSL, Deaf guides readily available); and ensure BSL and Stagetext at all Homecoming, Edinburgh International Festival and Festival Fringe events.

f) Develop a permanent display of Deaf/disability culture and heritage at the National Museums of Scotland.

g) Develop new area tourism partnerships (and maintain existing ones) with a view to increasing engagement with local DPOs to ensure access is a priority item on their agenda.

h) Develop one universal access audit tool to improve understanding of venue accessibility across Scotland, UK and overseas.

i) Increase visibility of disabled people in VisitScotland materials.

Education, children and young people

a) Include disability history, and disability equality and human rights (with a focus on anti-bullying/anti-stigma) in the Curriculum for Excellence (CfE).

b) Support (e.g. as part of the CfE) capacity and confidence building as a key priority for young disabled people.

c) Include disability equality training and awareness-raising for all education staff (including further and higher education).

d) Review Disabled Student’s Allowance, with DPOs – and expand its availability.

e) Review ‘Partnership Matters’ and include DPOs in this review.f) Through the use of national campaigns and/or by encouraging

organisations to develop disability supportive policies, help create environments in colleges, schools and universities where people feel comfortable declaring their disability status.

g) Adopt the Good Transition principles, developed by the Scottish Transitions Forum.

h) Improve data sharing for people going through transitions.i) Review the role of the Transitions Officer (previously a position in the

Scottish Government, hosted within the Equality Unit) or create an alternative, to support more outcomes focussed work which has a cross sectorial policy basis.

j) Fund a programme of work to support disabled parents.k) Provide longer-term parenting support to ensure children of disabled

parents are not taken away from their families.l) Ensure DPOs are involved in monitoring and reviewing guidance

around Get it Right For Every Child (GIRFEC) & Planning.

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inclusive, mainstream education and community based learning, with appropriate professional registered language/communication support where it is needed.

n) Support, promote and resource Vocational education and training – including internships, work based placements and work experience.

o) Adequately fund personal assistance to support disabled people in education and training.

p) Reduce bureaucracy for support for young disabled people – there are many funding streams that can support young disabled people (at school via the education system, in college via Disabled Students Allowance, at home via social work and so on…). Sometimes, as the person at the centre, young people (and their families) are heavily relied on to join up the myriad of authorities who are involved in their lives. This can make applications over-burdensome as sometimes each agency involved doesn’t talk to the other. This should be simplified by bringing all those agencies together in a strategic forum specifically focussed on the support they provide to young disabled people, so that each agency is aware of the others’ criteria and operating requirements.

q) Increase funding for auxiliary aids/personal assistants in secondary, further and higher education.

r) Support people with learning disabilities to break through the “Special Education” barrier, which excludes them from vocational education.

s) Ensure choice and portability of support services for young disabled people – and make more funding available for these. This includes taking an SDS-type approach and making SDS available for support in education, ensuring support is child-centred and fluid between school and home, as well as portable between different schools, so that the support can move with the child.

t) Ensure more quality part-time places in further education.u) Ring fence funding to enable lifelong learning for its own sake as well

as for building skills towards employment. This should offer choice, flexible delivery, and progression.

v) Set targets in education that reflect the diversity, needs and aspirations of disabled people. A drive for numbers achieving academic qualifications drives out those who are less likely to achieve highly – and some disabled people are hit by this disproportionately. Note this could include assessing things like ‘journey’/’distance travelled’, improvement in quality of life etc.

w) Set targets on ‘student destinations’ after college/university (given how many people “fall of the cliff” or have nothing to transition into).

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2015x) Institutions such as Universities engaged in teaching journalism, radio

& TV production should be encouraged to include training on the representation of disabled people in the media.

Training on specific impairmentsa)Establish nationally agreed British Sign Language (BSL) qualifications

which are mainstream funded, alongside other languages within Further Education/Higher Education.

b)Build on the ‘Graduate Diploma in Teaching Tutors of BSL’ by introducing lower level qualifications and develop a career pathway for BSL tutors.

o Support the existing graduates to contribute to advanced BSL tuition and to the training of other tutors most effectively.

c) Work with relevant agencies to promote the best use of resources to provide quality interpreting services through a range of different mechanisms, including face to face and remote interpreting by:

o providing training for BSL tutor trainerso supporting BSL tutors to deliver higher level BSL classeso supporting Scottish Association of Sign Language Interpreters

(SASLI) and partners to provide a high quality apprenticeship as route to interpreter qualification

o support Heriot Watt University (HWU) to upgrade the current Graduate Diploma in Interpreting course

o support HWU to introduce a BSL degreeo support HWU to remodel the interpreting course into a post-

graduate courseo evaluate on-line interpreting provision including by building on

the pilot undertaken during 2007/8.d) Support training of more Lip Speakers to increase availability to

employers and employment services:o Develop a network of support/peer groups for those who wish to

have continued contact once formal lip reading has ceased.o Support the Scottish Course To Train Tutors of Lip reading

(SCTTL) to establish a new sustainable lip reading teachers training course at Queen Margaret’s University (QMU) as part of a broader rehabilitation framework.

o Promote a national agreement for the provision of lip reading classes for a period of 2 years following diagnosis as part of the National Rehabilitation Framework.

o Work to secure a national agreement on funding for lip reading classes through rehabilitation services.

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2015

Health, care and support

Integration a)Ensure that the definition and understanding of independent living

associated with integration is that as defined by disabled people and signed up to by various partners, in the Vision for Independent Living.

b) Protected funding for social care (like healthcare is) so that reductions/strains in this budget do not work against outcomes of the integration agenda.

c) Include a focus on promoting the use of SDS, so that it is further embedded in the system in all Guidance (including strategic commissioning guidance) issued to Integration Authorities.

d)Build in sufficient flexibility to the use of integrated budgets so that money can be moved between the NHS and social care systems. This would recognise that support in the community should also be sufficiently funded – otherwise people risk being discharged from one service and left without support from another.

e)Require integrated Boards and localities to engage directly with DPOs as representatives of disabled people (key stakeholders in the health and social care agenda).

f) Ensure an appropriate infrastructure that promotes joint working, and a strategic and consistent approach.

g)Coproduce all Guidance for integration, with DPOs.h)Embed human rights much more in Integration Fund guidance and the

Health and Wellbeing national outcomes.i) Combine health and social care budgets so that money can be used

flexibly. o Health spend should be able to be used to pay for SDS

packages including therapeutic interventions – connect this to the anticipatory care agenda.

o Change legislation to enable Health to offer SDS options.

Training, improvement and supporta)Require health and social care services to do human rights and

equality impact assessments (e.g. at level of GP practices too) and co-produce their own action plans for improvement.

b)Stimulate (including through guidance, regulation and other powers) a culture that promotes choice and avoids risk aversion i.e. in the training of Personal Assistants (PAs) to carry out some medical tasks:

o This includes putting assessment, funding and training systems in place that support people who want choice and control in health as well as social care matters – DPOs could help develop (and in some cases deliver) such training.

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2015c) Support advocacy organisations to have more

branches/bases/representatives in hospitals to provide quick and easy access to advocacy when it is most needed.

d)Require health improvement programs to explicitly aim for a reduction in inequalities in health linked to impairment (e.g. targets could be set to reduce disproportional rates of early death among people with learning difficulties or mental health problems, from cancer and heart disease).

e)Develop specific initiatives (e.g. health checks; holistic and self-assessment; one-stop access to adaptations; handyperson schemes; support for carers; development of Scottish Personal Assistant Employers Network [SPAEN]).

f) Identify current user-led information, advice, advocacy and support, and develop provision across Scotland.

g)Require the NHS and social care services to attend and provide intersectional training for all front line staff.

h)Allocate DPOs some of the £360,000 Change Fund to be made available to third sector organisations to support a national partnership initiative in the context of health and social care integration.

i) Build human rights into joint strategic commissioning plans at a local level.

Communication supporta)Ensure that Information Technology (IT) programmes to support the

establishment of electronic patient records can record communication preferences in all health sectors – and that staff using them are trained to ensure that they input and use this information.

b) Improve advocacy services for deaf people e.g. by exploring the idea of a separate network for deaf people who cannot access mainstream provision.

c) Make primary care services 'deaf friendly'; including by:o using text messages, fax, email, Typetalk and remote contact

systemso installing visual call systems in waiting areas o require all reception staff to undertake Deaf awareness training o Hardware e.g. loop systems etc. should be available when

using the health serviceo Staff should know how to book lip speakers and how to work

with them.b)Support a rehabilitative approach to hearing loss at diagnosis. This

would include provision of information about communication support.

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2015c) Provide health funding directly to LINK for rehabilitation for a low

incidence, high risk group, i.e. those with Acquired Profound Hearing Loss.

d)Encourage training providers to include communication tactics (e.g. the benefits of lip reading classes) for NHS staff – targeted first at audiology and general practice.

e) Include Deaf awareness and BSL awareness routinely in basic training for health professionals.

Intersectionalitya)Ensure adequate privacy within single-sex facilities and also provide

gender neutral facility options (especially toilets and bedrooms). b)Through training and workplace policies in the health and social care

system, ensure that healthcare practitioners and frontline support staff take account of intersectionality.

c) Develop stronger complaints mechanisms within the NHS so that there is redress for discrimination against a person’s intersectional characteristics.

Mental health a)Ensure that mental health service users have the same rights of

access to treatment as are available to all other NHS service users (e.g. waiting time targets and so on).

b)Reduce waiting time targets for psychological therapies in line with other areas to 12 weeks.

c) Ensure people with addictions have access to mental health support if they need it.

d)Ensure the NHS provides (or commissions) services that meet ‘NICE/SIGN’ recommendations for low-level depression7 – e.g. exercise therapy, psychological therapies etc.

e) Increase the length of GP training in order to cover mental health.f) Introduce mental health workers in all GP surgeries.

Social carea)Develop and promote, with DPOs, a shared vision for social care,

based on citizenship, independent living, human rights, and collective empowerment.

b)Develop funding allocation models that support prevention, this means:

o Adequately funding social care, to avoid costly health intervention

o Addressing low as well as high level social care needs

7 https://www.nice.org.uk/guidance/cg90/chapter/guidance Page 26

2015o Providing funding to train PAs to carry out some medical tasks

(as in the example of bowel care given in the briefing above) c) Establish a Commission on the future of funding for a system of social

care based on citizenship and independent living.d) Work with Local Authorities (LAs) to make social care free at the point

of delivery.e) Require LAs to gather data to fill gaps in their knowledge around the

real costs and value of social care and independent living. To do this, they must record unmet need on the basis of a broad, human rights based approach to social care.

f) Ensure social care assessments are rights-based rather than focussed on ‘life and limb’ assessments of need, vulnerability and risk.

g)Develop a framework of minimum entitlements. Such entitlements would include that support packages provide:

o Opportunities to take up learning, education, employability support, social and civic participation as well as life and limb support to get up in the morning etc.

o Support for wider social engagement, meeting others or developing relationships (including sexual relationships)

h)Take legislative action to strengthen the duties of Scottish Government and the wider public sector to further the rights around social care, as set out in the UNCRDP.

i) Develop mechanisms to hold local authorities to account for breaches of disabled people’s rights in the guise of ‘personalisation’ or ‘protection’.

o Include a formal right to appeal in the complaints system surrounding care.

j) Allow recipients of direct payment and Self Directed Support (SDS) to take support on holiday.

k) Make it possible to move a support package between LAs – without a resulting in an arbitrary change in package of support or higher charge for it.

l) Require public bodies to have financial systems in social care that support flexible use of individual budgets.

m)Develop a reliable process for early identification of those at risk of crisis, and promote early intervention.

n)Ensure intersectionality is accounted for adequately in support and care plans.

o)Promote and provide funding to implement good working conditions for personal assistants (e.g. pay, personal development opportunities and so on).

p)Provide more resources for the Local Area Co-ordinators model.

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2015Justicea)Set up a network of Disability Law Centres, supported by a National

Disability Law Centre.b)Develop a directory of legal services for disabled people.c)Review (with DPOs) communication support and accessibility in the

criminal justice system.d)Remove fees for Tribunals.e)Make it possible for the SHRC to take cases and/or that the EHRC

can take human rights only cases in Scotland (as well their existing powers on equality cases).

f) Ensure the support people need e.g. Social Care, communication support and so on, is readily available when navigating the justice system.

g)Develop capacity for Disabled People’s Organisations locally so that they can help ensure justice for disabled people.

h)Improve protection from harassment, and reporting, prosecution and monitoring of it, including by promoting the use of Disability Harassment Toolkit produced by EHRC.

i) Implement a full programme of disability awareness and communication training throughout all aspects of the justice system in Scotland starting with forward-facing staff.

j) Improve access to information on individual rights in the justice system – and ensure that this information is fully and appropriately accessible.

k)Address physical barriers to accessing legal aid servicesl) Address communication barriers which prevent people from accessing

their legal rights and being treated equally within the justice systemm) Address the attitudinal barriers which prevent disabled people from

accessing and attaining their legal rights e.g. through campaigns making it clear what those rights are and what is acceptable/unacceptable behaviour.

n)Research and address issues which halt disability discrimination cases.

o)Remove the small claims exclusion for legal aid in discrimination cases.

p)Develop and promote a system of tailored awareness raising of disability issues (e.g. BSL requirements) within Scottish Court Service, Crown Office Prosecution and Fiscal Service (COPFS) and Police Scotland.

q)Remove the prohibition for people with communication support from serving on juries – and research ways to support them to do this.

r) Raise awareness amongst disabled individuals and groups about how to access the Justice system (e.g. the police formerly visited schools as part of their preventative approach).

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2015s)Address the unequal treatment by the criminal justice system of

people with a learning disability.t) Change the Scottish Crime and Justice Survey so that respondents

can comment on disability hate crime.u)Develop mechanisms to ensure that complaints systems are

accessible.

Inclusive, empowered communitiesa) Include mechanisms in the Community Empowerment and Renewal

Bill to ensure participation of disabled people in the design and delivery of services and empowerment of disabled people to have autonomy and achieve independent living.

b) Community Engagement Plans must include details of how engagement will be inclusive and accessible to all disabled people, including taking into account the other protected characteristics of disabled people, and how this will be resourced.

c) Community empowerment legislation should introduce a formal statutory role for the voluntary sector as a full partner in the Community Planning Partnership (CPP) framework (with resources to support this role).

o E.g. this could be akin to the role within Reshaping Care for Older People whereby the Third and Independent Sectors must “sign off” the Change Plan and this could be progressively realised within set timescales.

d) Improve the accessibility and inclusivity of Community Councils and consider ways to ensure that their members could undertake disability equality training.

e) Community Engagement Plans should encompass a Communication Plan to ensure that CPPs and their work are known about and understood, thus encouraging people in the communities who are currently passive, to take part.

f) A publicly funded, ‘Scottish Access to Politics Fund’ should be set up to support disabled people who want to be politicians or involved in politics. The fund and its administration should be developed in coproduction with DPO’s.

g)Provide translations (at least of summaries) of Government consultation documents in BSL and easy read on the web. Offer face to face meetings. Provide summaries of key points.

This briefing was drafted in 2015 by the ILiS project. It was produced for inclusion in the ILiS Resource Pack for organisations hosting engagement events on the draft Delivery Plans in Scotland.

ILiS www.ilis.co.uk 2015Page 29

2015

“Ready for Action Too” – what disabled people asked Local Government, Scrutiny Bodies and MSPs to do to implement the UNCRDP  

Note: This is an extract from a report published by ILiS in 2014. It highlights what actions disabled people asked MSPs, Scrutiny Bodies and Local Government to take to make the rights in the UNCRDP a reality for disabled people in Scotland. It could be given to people coming to engagement events or used to help and inspire disabled people to respond themselves.

“Ready for Action Too” can be downloaded in full from the ILiS website8.

1. How ready are you?

Ready For Action was first published by the ILiS project in 2009 and summarised the key issues about disabled people’s independent living in Scotland. Its publication showed that disabled people were ready to take action and that they were ready and waiting for others to do likewise. Specifically, it highlighted developments to date and priorities and options for future actions. Ready For Action Too takes account of today’s understanding of disabled people’s everyday reality and the effects of the changes which have taken place in the intervening years such as; austerity measures and the impact of the welfare reform agenda; as well as new legislation and policies including Self-directed Support, the integration of health and social care and the Scottish Government’s programme of work on the United Nations Convention on the Rights of Disabled People (the UNCRDP).

Ready For Action Too is for those who have the power and a duty to make a positive difference to disabled people’s everyday lives. This includes; national and local politicians, local authorities’ employees and those who scrutinise the work of public bodies. Ready for Action Too contains straightforward ideas for making disabled people’s rights a reality – ideas developed by disabled people, together with Members of the Scottish Parliament (MSPs), local authorities and scrutiny bodies at events run by ILiS in 2014 and 2015. The ideas listed in it are not exhaustive and not every subject area is covered. Nor are the solutions listed fully formed but, what the following suggestions do is offer a starting point and demonstrate some of the practical ways that you 8 http://www.ilis.co.uk/uploads/docs/ilis_ready_for_action.pdf

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2015can play your part in ensuring disabled people are treated as rights-holders and that the rights they have, are the reality they experience.

2. Human rights and disabled people

Ensuring implementation of the UNCRDP requires a number of actors to play their part to make rights a reality for disabled people in Scotland. Both local and national government in Scotland are currently developing their Delivery Plans setting out how they will comply with the UNCRDP.

3. About ILiS and our work on human rights

ILiS works to support the delivery of the rights of disabled people including the rights in the UNCRDP. ILiS partners the Scottish Government in its wider approach to equality for disabled people via the national Independent Living Programme on the UNCRDP. Whilst the Scottish Government is a key player in delivering the UNCRDP in Scotland, ILiS recognised that MSPs, local authorities and scrutiny bodies have important roles to play too. During 2014 and early 2015 ILiS hosted seminars with these groups to:

Help participants gain a better awareness and understanding of the UNCRDP, the obligations within it and the gaps between rights and the reality for disabled people

Inspire participants to consider what role they could play in helping to make the rights in the UNCRDP a reality for disabled people, including through direct commitments where appropriate

Ensure DPOs and participants were connected so that they can support each other to progress change

During each of the seminars, presentations were made on the UNCRDP (with the support of the Scottish Human Rights Commission) and disabled people’s experiences of their human rights. These were followed by open discussion sessions which gave participants an opportunity to identify, in partnership with disabled people, ways that the rights within the UNCRDP could be realised. The ideas that came forward are summarised in sections 5 – 7 of this report.

4. The reality – why we must be ready for action

Disabled people’s rights are not yet the reality they experience. Making their rights the reality they experience needs to be the starting point for developing and acting on commitments for

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2015change. The UNCRDP is still a relatively new convention and so there is still significant progress needed on the realisation of the rights within it. The reports of the UK Independent Mechanism (the UK’s equality and human rights bodies) and the UK Parliament’s Joint Committee on Human Rights (i) summarise many of the current issues well and some of these are set out below alongside disabled people’s experiences of these rights in Scotland.

Article 8: Challenging perceptionsState parties to the Convention must take action to combat stereotypes and prejudices and to promote awareness of the capabilities of disabled people. However evidence shows that offences aggravated by prejudice against disabled people increased by 12% in 2014 (ii) and 67% of the public feel uncomfortable talking to disabled people (iii).

Article 9: AccessibilityDisabled people should have access to transportation, schools, housing, hospitals and workplaces, along with information and communication. Yet: 1 in 5 disabled people who require an adapted home live in one that is not at all, or not very, suitable for them (iv). Seventy five percent of disabled people report difficulties in using public transport (v). And only 3% of Scottish schools and education authorities have a legally compliant accessibility strategy for disabled pupils (vi).

Article 13: Access to justiceDisabled people should have access to justice on an equal basis with others. Despite this: 33% of disabled people in Scotland have civil legal problems as opposed to 25% of the general population and they are significantly less likely to resolve them (vii).

Article 19: Independent livingDisabled people should be able to live independently and be included in the community, choose where and with whom to live and to have access to in-home, residential and or community support services. However: There are still the same number of care homes for disabled adults of working age as there were 15 years ago (viii) and 20% of Scottish local authorities are unable to say how many of the people they assessed for care and support were offered self-directed support (ix). More people are being charged for their care and an increasing proportion of their income is being taken by local authorities to pay for it. There is emerging evidence which suggests that it costs more to administer these charges than they raise (and more research is required on this.)

Article 23: Respect for the home and familyPage 32

2015The Convention states that disabled people are entitled to an equal opportunity to be parents and to get married. Despite this: Large numbers of parents with learning disabilities have their children taken away from them (x). Many disabled people are unable to take part in daily family life because they lack an accessible home, equipment and adaptations or simply the basic care and support they need to do so.

Article 24: EducationDisabled people should have equal access to primary and secondary education, vocational training and lifelong learning. However: 1 in 4 disabled people in Scotland have no qualifications, versus less than 1 in 10 of the general population (xi), and, only 0.2% of Scottish Modern Apprenticeships went to young disabled people (xii).

Article 25: HealthDisabled people should experience the same range, quality and standard of health services as provided for non-disabled people; and they should also receive the health services needed in relation to their impairment(s). Despite this: Only 40% of those with a limiting long term condition report being in good health and they have significantly lower mental wellbeing scores (xiii). In addition, women with learning disabilities die on average 20 younger than the general population (xiv).

Article 28: Adequate standard of livingDisabled people have a right to an adequate standard of living and social protection. However: 20% of families with a disabled adult in them, live in relative poverty (versus 14% of families with no disabled adults) (xv). Furthermore, it can cost £550 a month more to live as a disabled person than a non-disabled person (xvi).

Article 29: Political and public lifePolitical and public life should be open to disabled people, and they should be able to stand for election and to hold office. Yet: Despite making up 19% of the Scottish population, disabled people only made up 12% of public appointments in 2012/13 (xvii). There is also no Scottish equivalent of the UK Government’s Access to Elected Office for Disabled People Fund.

All of this suggests change is needed and this needs action. Disabled people are ready for action. Who’s Ready For Action Too?

5. MSPs – are you Ready For Action Too? Page 33

2015

MSPs have a key role to play in making rights a reality. This section sets out some of the actions MSPs could take to support the realisation of disabled people’s human rights.

“It was good to hear in unequivocal language what impact the UNCRDP legislation is having on a day to day basis on disabled people’s lives” MSP attending the ILiS seminar

Leading the way MSPs are in a good position to demonstrate leadership and take action which challenges prejudice and negative attitudes towards disabled people, and inspires others to do likewise. They are also well placed to advocate for disabled people’s human rights within the Scottish Parliament, during the development of legislation, legislative scrutiny and within the manifestos of their own political parties.

To do this, MSPs need to; build better connections with disabled people and their DPOs; to speak up with them as well as for them; and to support them by opening up opportunities for them to speak up for themselves.

MSPs – engaging for change Through growing their awareness and understanding of disabled people’s rights and the issues they have, MSPs will be better equipped to address their concerns through the development of legislation and other Parliamentary activity. Engaging regularly with disabled people through DPOs and using this to co-produce solutions is therefore essential. It will also be crucial to help to build the capacity and resources of DPOs to enable them to do this.

A specific example, in line with the Scotland Act, could be establishing new (and formal) ways of working with disabled people to check that legislation is compliant with the UNCRDP.

Support more disabled leadersMSPs understand both the local political party constituency processes and the national political agenda so they are in a well-informed and influential place to encourage, mentor and support disabled people to stand as candidates. They should also take practical steps to improve the political representation of disabled people within their own parties.

Challenge generalisations such as claims that support is ‘unaffordable’

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2015MSPs must recognise that human rights apply equally to all, regardless of geographical location, and that this cannot be overlooked when resources are restricted. They should challenge generalisations such as ‘unaffordable’ accessible housing costs, or the ‘burden on the state’ of social care. These often cover up a lack of evidence and detailed scrutiny of options and alternatives and are regularly used to gate-keep essential support that would implement disabled people’s rights.

Take action on key policy areasThere are a number of current opportunities where action can make a real difference including: supporting DPOs to strengthen community empowerment and

capacity building taking action to address the shortfall of accessible housing advocating for disabled people to become statutory consultees within

processes which impact on them and their rights investigating the impact on disabled people’s human rights of the

Mental Health (Care and Treatment) (Scotland) Act 2003 considering steps towards ending charges for social care

6. Local Authorities – are you Ready For Action Too?

With their ability to influence people’s lives from cradle to grave, it’s clear that local authorities also has a key role to play. This section sets out some of the actions local authorities could take to support the realisation of disabled people’s human rights.

“I feel quite inspired and realise how important it is, and how we forget, to include disabled people ‘from the start’ which benefits everyone and…can substantially cut costs” Local authority (LA) participant at the ILiS seminar

Local authorities – engaging for changeIt is important that local government uses its position to identify and promote rights held by disabled people and, in doing so, that they co-produce a review of the delivery of these rights via their policies and services.

At national level, collaborative, strategic working arrangements should be brokered between DPOs, local authorities and other influential partners including Scottish Government, Department of Works and Pensions, the Scottish Independent Living Fund and Transport Scotland and Regional Transport Partnerships, for example. Whilst there are processes already linking many of these partners, they do not generally

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2015focus on disabled people’s rights so new or expanded processes are required.

Educating for changeEducation plays a strong role in the promotion of rights. Local authorities (together with the Scottish Government) should ensure the UNCRDP is included within schools’ curriculum activities, n community learning and development and that they provide support for the development of Councillors’ knowledge in this area.

To this end, as well as work to implement Scotland’s National Action Plan for Human Rights (xviii), local authorities should develop Independent Living Strategies for their area, with DPOs.

Getting there by taxiAs the body tasked with licensing taxis, local authorities can take steps to ensure taxis serve all members of the community. Outside of Scotland’s urban centres, accessible taxi provision is very poor, particularly in the evenings. Local authorities could research and maintain information on the accessibility of the taxi fleet in their area and work with DPOs to establish reasonable quotas for accessible taxis 24/7, and options for addressing the additional costs of accessible vehicles.

Houses and homes Decisions by social work and housing teams should start from a recognition of the right to suitable housing and independent living, rather ‘than from a cost or easiest solution’; basis. People should be able to choose where to live and with whom they live. Well implemented choice-based letting systems can help with this, as would the provision of direct support from a single housing officer to navigate the housing system.

The means by which socially rented housing is allocated should recognise disabled people’s needs both for accessible housing and enhanced communication. To ensure this, DPOs should be involved in reviews of local authority allocation policies.

Policies to increase the volume of accessible housing, across all tenures, types, sizes and locations, should be developed, and LA’s should oppose and make people aware of, any attempts to reduce accessibility requirements in the current building standards.

Deliver employment and employability

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2015With such significant workforces, local authorities can directly support disabled people’s right to work and gain a living by making them a priority for recruitment. They can also enhance disabled people’s employability directly by providing internships and indirectly by supporting employability services, run by and for disabled people.

Human rights at the centre of social care Social care should support disabled people to live independently including playing a part in their community, accessing education and work and living as a family. For this to be a reality, significant steps need to be taken by local authorities to ensure social care has the capacity to deliver this, including that it is sufficiently funded, and the health and social care integration is an opportunity to do this.

DPOs need to be supported to be more fully involved in the integration process if the evolving frameworks are to realise the opportunities and prevent the creation of a new set of barriers, however unintentionally. DPOs involvement needs to be supported in through support to build their capacities and resources.

In addition to this, unmet need for social care should be recorded and assessments should be recognised across local authority boundaries. A formal, open and transparent right to appeal against decisions, which is independent of those making the decision, is a further step which would support human rights for disabled people.

In addition, the models for funding social care should be examined to ensure that they address the reality of the situation and that disabled people are treated fairly. An important step forward would be for local authorities to support the call for an open and formal dialogue on the funding of social care.

7. Scrutiny bodies – are you Ready For Action Too?

Scrutiny bodies are in good position to support service providers and policy makers to embed a human rights approach to their policies, procedures and practices. This section sets out some of the actions that scrutiny bodies could take to support the realisation of disabled people’s human rights

“All of the reps from the scrutiny bodies seemed very open to hearing from disabled people and DPOs, which is fantastic!” Disabled person participant at the ILiS seminar

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2015Scrutiny bodies – engaging for changeIt is difficult to scrutinise services and service providers effectively in relation to the services they provide to disabled people without first understanding what the issues are for disabled people and what causes them.

A practical step towards this would be for scrutiny bodies to actively secure relevant data from DPOs prior to performing audits and inspections. A follow-up step would be involving disabled people from national and local DPOs in delivering and analysing the scrutiny activities.

Engagement needs to become routine and needs to be performed early enough in the process to ensure that it influences both the choice of subject areas for scrutiny and the means by which they are scrutinised. Investment in time and resources will be necessary to give disabled people the capacities to support the capabilities and experience that they would bring to the process.

Setting the prioritiesBesides engaging with disabled people directly to help identify issues and priorities, programmes of work could include cross-cutting themes such as adherence with human rights, non-discrimination and progress of equality. Sources of issues to be scrutinised could usefully take account of the reports developed by the UK Parliament (xix) and Government and by civil society, for the UN committee which scrutinises the UK’s performance on the UNCRDP.

Increase learning and developmentDisabled people are not only customers, service users, tenants or constituents; they are also rights holders. If scrutiny body staff are to recognise disabled people’s human rights, and understand how these rights impact on the roles of those they scrutinise, they may well need to be provided with additional learning and development opportunities.

As part of their professional development, staff in scrutiny bodies could spend time shadowing staff in DPOs. Information packs for public bodies and services which are scrutinised could also be designed and developed in partnership with DPOs which would highlight the issues and offer guidance and case studies in what and how to change examples of ways in which who should also be involved in the design and delivery of any training in this area.

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2015Work together to address systematic failuresWorking together, scrutiny bodies could address all the components that have led to a failure in a policy area. An example investigated at the ILiS seminar for scrutiny bodies was housing as a number of scrutiny bodies could contribute to addressing the shortfall of accessible housing in Scotland. This would have a long-term positive impact for disabled people as well as saving valuable resources elsewhere, such as in health and social care. More accessible housing would be a valuable asset for Scotland as the population ages.

Potential areas of joint scrutiny include: the effectiveness of local authority Housing Need and Demand

Assessments and Local Housing Strategies, in addressing disabled people’s needs

the allocation processes used for social housing the impact of poor housing on health and wellbeing and associated

services the cost or saving to the public purse of either failing to or providing

sufficient accessible housing and adaptations

8. Ready for Action…now

By signing and ratifying the UNCRDP, the UK Government recognised the rights disabled people hold and committed public bodies in across the UK to respecting, protecting and fulfilling these rights. Human rights are not optional, and so disabled people, along with the UN, will continue to monitor and report when they are both implemented and ignored.

You can play your part by implementing the recommendations in this document, or working with disabled people to identify others relevant to your area of responsibility.

DPOs are here to help. They can give you real insight into the barriers faced by disabled people in every aspect of their life and will work with you to identify and design practical solutions. You can find a directory of them on our website www.ilis.co.uk.

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2015

Ready for Action Too – list of references

Page 40

i Joint Committee on Human Rights (2012) Implementation of the Right of Disabled People to Independent Living

ii Scottish Government (2014) News Release: Hate crime statistics, 13/06/2014

iii Scope (2014) Current Attitudes Towards Disabled Peopleiv Scottish Government (2014) Response to ad hoc request for analysis of

Scottish House Condition Surveyv The Life Opportunities Survey”; Office of National Statistics, 2010 vi SDEF (2014) Excluded: How Scotland’s schools are failing to plan for

disabled pupils’ needsvii Scottish Government online ‘Equality Evidence Finder’ viii Scottish Government (2014) Scottish Care Home Census 2014ix Learning Disability Alliance Scotland, et al (2014) Self-directed support:

the startx SCLD (2009) Scottish Good Practice Guidelines for Supporting Parents

with Learning Disabilitiesxi Scottish Household Surveyxii Skills Development Scotland, 2014xiii Scottish Government online ‘Equality Evidence Finder’xiv The Confidential Inquiry into premature deaths of people with intellectual

disabilities in the UK: a population-based study (2013)xv Scottish Government online ‘Equality Evidence Finder’xvi Brawn E (2014) Priced out: ending the financial penalty of disability by

2020, Scope xvii Scottish Government (2013) Equality Outcomes and Mainstreaming

Reportxviii SHRC (2013) Scotland’s National Action Plan for Human Rights – see

http://www.scottishhumanrights.com/actionplanxix UK Parliament Joint Committee on Human Rights (2012)

Implementation of the Right of Disabled People to Independent Living

Ready For Action Too was published by ILiS in 2014. This briefing is an extract from it. ILiS 2015 www.ilis.co.uk

Resource Pack for organisations hosting events on the Scottish Government and COSLAs draft Delivery Plans on the United Nations Convention on the Rights of Disabled People

This Resource Pack was produced by ILiS and published in 2015www.ilis.co.ukcontact@ilis.co.uk

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