2.2. Outline the rights of disabled people in line with current disability related legislation

This guide will help you answer 2.2. Outline the rights of disabled people in line with current disability related legislation.

As a support worker, it’s important to be aware of the rights of disabled people. This ensures you provide appropriate care and respect to individuals you work with, while adhering to the legal framework.

The Equality Act 2010

The Equality Act 2010 consolidates several previous laws. It protects disabled people from discrimination in various areas.

Definition of Disability

Under this Act, a person is disabled if they have a physical or mental impairment that significantly affects their ability to carry out day-to-day activities. This must have lasted, or be expected to last, at least 12 months.

Discrimination

The Act prohibits three types of discrimination:

• Direct Discrimination: Treating someone less favourably simply because they are disabled.
• Indirect Discrimination: Policies that apply to everyone but disadvantage disabled people.
• Discrimination Arising From Disability: Unfair treatment due to something linked to the person’s disability.

Reasonable Adjustments

Employers, schools, and service providers must make reasonable adjustments to remove barriers for disabled people. This could include:

• Providing special equipment.
• Adjusting work hours.
• Ensuring physical access to buildings.

Harassment and Victimisation

The law protects disabled people from harassment. Harassment involves unwanted behaviour linked to a person’s disability that violates their dignity. Victimisation covers unfair treatment when someone complains about discrimination.

The Care Act 2014

This Act sets out the framework for adult social care and support.

Wellbeing Principle

The wellbeing of disabled individuals should be at the centre of any care planning. This considers aspects like dignity, physical and mental health, and protection from abuse.

Assessment of Needs

Local authorities must assess a person’s care needs and decide the services required, regardless of their financial situation.

Personal Budget

Disabled people are entitled to a personal budget. This allows them to have more control over their care and the services they receive.

The Mental Capacity Act 2005

This Act protects people who might not be able to make their own decisions, including some disabled people.

Capacity and Decision Making

The Act assumes every adult has the capacity to make decisions unless proven otherwise. It emphasizes supporting people to make their own decisions as much as possible.

Best Interest Decisions

If a person cannot make a decision, carers and professionals must act in their best interests. This involves consulting with family and considering the person’s feelings and values.

Lasting Power of Attorney

Disabled individuals can appoint someone to make decisions for them if they lose capacity in the future. This is done through a Lasting Power of Attorney (LPA).

The Children and Families Act 2014

This legislation is especially relevant for disabled children and young people.

Educational Health and Care Plans

Children with disabilities might have an Educational Health and Care Plan (EHCP). This plan identifies educational, health, and social care needs and what should be done to meet them.

Local Offer

Local authorities must provide clear information about the services available for children with disabilities and their families, known as the ‘local offer’.

Family Support

The Act emphasises supporting families to care for their disabled children, offering respite and counselling services.

Accessible Transport

Transport systems should accommodate disabled individuals.

Public Transport Adjustments

Buses, trains, and other forms of transport must be accessible. Adjustments may include:

• Step-free access.
• Reserved spaces.
• Audio-visual announcements.

Blue Badge Scheme

The Blue Badge scheme provides parking benefits for disabled people. It allows them to park closer to their destination.

Right to Employment

Disabled people have equal employment rights.

Access to Work

This scheme provides support for disabled individuals to start or stay in work. It might cover:

• Special equipment.
• Transport costs.
• Support workers.

Fair Recruitment

Employers must provide equal opportunities for disabled candidates. This includes considering reasonable adjustments during interviews.

Health Rights

Disabled people are entitled to the same healthcare rights as everyone else.

Accessible Information Standard

Healthcare providers must ensure disabled individuals can access information in formats they understand, such as large print or Braille.

Right to Treatment

Disabled people have the right to receive the same level of medical treatment. Medical facilities should accommodate their needs.

Social Inclusion

Disabled people should be active in their communities.

Participation and Access

Communities should provide opportunities for disabled individuals to participate. This includes cultural, leisure, and sporting activities.

Reducing Barriers

Authorities must actively work to remove social barriers and increase disabled people’s access to community spaces.

Final Thoughts

Being aware of these rights helps you support disabled people more effectively. By understanding and respecting these rights, you can promote inclusion and ensure you comply with legal standards. This empowers individuals and ensures a respectful and dignified approach to care in health and social settings.