2.1. Summarise legislation in relation to individuals with learning disabilities

This guide will help you answer 2.1. Summarise legislation in relation to individuals with learning disabilities.

In the UK, several laws and policies protect the rights and well-being of individuals with learning disabilities. These aim to ensure equal treatment, prevent discrimination, and promote inclusivity in society. In this guide, we cover some of the main laws and frameworks.

Equality Act 2010

The Equality Act 2010 is a key piece of legislation protecting individuals with learning disabilities from discrimination. It covers equality in areas such as health, education, employment, and access to services.

This law prohibits unfair treatment based on protected characteristics, including disability. For someone with a learning disability, this means they must:

• Have reasonable adjustments in workplaces, schools, and public services to make these environments accessible.
• Be treated equally to people without disabilities in all areas of daily life.

Direct discrimination (someone being treated worse due to their learning disability) and indirect discrimination (rules or practices that disadvantage people with learning disabilities) are both illegal under this Act.

The Act also includes provisions for harassment and victimisation. Harassment could mean inappropriate jokes or comments about someone’s disability, while victimisation involves unfair treatment because someone has complained about discrimination or supported someone else’s complaint.

Mental Capacity Act 2005

The Mental Capacity Act 2005 applies to adults who may lack the ability to make decisions due to learning disabilities or other conditions. This Act provides a framework for assessing capacity and making decisions for individuals who cannot make them independently.

Some key principles include:

• Assumption of Capacity: Individuals should be assumed capable of making decisions unless proven otherwise. Never assume someone cannot contribute to decision-making just because of their disability.
• Support: Individuals must be given all possible help to make their own decisions before others step in. Support might include using simplified language, visual aids, or involving advocates.
• Best Interests: When someone cannot make a particular decision, it must be made in their best interests. This involves considering all elements of the person’s life, their preferences, wishes, and beliefs.
• Least Restrictive Option: Decisions made on behalf of someone should restrict their freedom and rights as little as possible.

People with learning disabilities often benefit from having the Act in place, as it helps balance their protection with their independence.

Human Rights Act 1998

The Human Rights Act 1998 incorporates fundamental rights from the European Convention on Human Rights into UK law. It applies to all UK residents, including individuals with learning disabilities.

Important rights include:

• The right to life (Article 2). This requires professionals and carers to protect individuals with learning disabilities from harm.
• Freedom from inhuman and degrading treatment (Article 3). Protects individuals from abuse, neglect, and other mistreatment.
• Respect for private and family life (Article 8). People with learning disabilities have the right to live their lives without unwarranted interference from others.
• Prohibition of discrimination (Article 14). No one can receive less favourable treatment based on disability.

Professionals such as teachers, carers, and healthcare workers are obligated to respect these rights during their interactions with people with learning disabilities.

Children Act 1989 and 2004

These Acts provide a framework to protect children, including those with learning disabilities. They outline the duties of local authorities, schools, and healthcare services to safeguard children and promote their welfare.

The guiding principle is that the child’s welfare is paramount. Local authorities must:

• Provide support to help families care for children with learning disabilities. This includes assessments and funding where necessary.
• Ensure appropriate care placements for children who cannot stay in their family homes.

The 2004 Act introduced a legal duty for agencies to work together to protect children. For example, schools, health services, and police forces must share information about children with learning disabilities who may be at risk of harm.

Care Act 2014

The Care Act 2014 sets out how adult social care services should support individuals in need, including those with learning disabilities. The focus is on improving people’s wellbeing and ensuring their needs are appropriately met through personalised care plans.

Key points include:

• Duty of Assessment: Local authorities must assess the care and support needs of individuals with learning disabilities and consider how these needs can be met.
• Individual Involvement: The individual must be involved in the planning and decision-making process to the fullest extent possible. This respects their autonomy and unique preferences.
• Advocacy: If a person with a learning disability struggles with understanding or communicating their needs, an independent advocate must be appointed. Advocates help ensure their voice is heard.

The Act also encourages preventative measures to avoid unnecessary escalation of needs. For instance, providing early access to social activities can reduce isolation.

SEND Code of Practice 2015

The Special Educational Needs and Disability (SEND) Code of Practice provides guidance for supporting children and young people with learning disabilities in education. It explains legal obligations for schools, colleges, and other educational providers.

Some points to highlight:

• Early Identification: Schools must identify learning disabilities early, often using screenings and observations. Early support prevents further challenges down the line.
• Personalised Plans: Teachers and SEND professionals work together to create Education, Health and Care Plans (EHCPs). These outline how schools will meet the individual’s learning, health, and social needs.
• Parent and Student Voice: Parents, carers, and students with learning disabilities must be involved throughout the planning process.

The Code works with the Children and Families Act 2014 to ensure holistic and tailored support.

Accessible Information Standard

This Standard was introduced in 2016 by NHS England. It applies to health and social care services and ensures individuals with learning disabilities have access to information in a format they can understand.

Services must:

• Identify communication needs during their first contact with individuals.
• Record these needs and ensure they are consistently met.
• Provide information in accessible formats (e.g., large print, easy-read documents, audio recordings).

This Standard is especially helpful for individuals who might struggle with traditional forms of communication.

Autism Act 2009

Though specific to autism, the Autism Act affects many individuals with learning disabilities, as the conditions often overlap. It requires the government to develop and review strategies for improving services for people with autism.

Local authorities must:

• Demonstrate how they are improving services for people with autism, including those with learning disabilities.
• Provide specialised training for professionals working with individuals who have autism.

The Act aims to narrow gaps in services and provide long-term support plans.

Protection from Abuse

Individuals with learning disabilities are particularly vulnerable to abuse due to potential communication barriers, dependence on others, and reduced ability to protect themselves. Safeguarding legislation, including the Care Act 2014, mandates strong protective measures.

Key safeguarding steps include:

• Ensuring that staff working with learning disabilities are carefully vetted.
• Providing training to carers and professionals on recognising signs of abuse.
• Empowering individuals with learning disabilities to voice concerns safely.

The Disclosure and Barring Service (DBS) helps screen people working in regulated activities with vulnerable individuals.

Final Thoughts

Laws protecting individuals with learning disabilities aim to ensure dignity, equality, and respect. They give people with disabilities the same rights as everyone else, encouraging inclusive environments and services. These frameworks also work to enhance independence while providing support where needed.