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					Ability Awareness for Mentors:
   Fiona McCandless-Sugg.

      Focus on how we can
  facilitate learning in nursing
 students who are covered by
 disability legislation (and why
   we should be doing this).
        Day 7 SPL Module
             (March 2009).

To raise awareness of the legislative
and professional disability-related
issues that impact on nursing
          Learning outcomes
• By the end of the session participants will be able

   – Define disability in accordance with current legislation

   – Discuss discrimination as it applies to disability

   – Discuss the concept of reasonable adjustments as
     applied to disability

   – Consider how disability awareness is important in
Medical Model
Charity / Tragedy Model
Social Model
  Disability Discrimination Act
           (DDA) 1995

• Ensures legal rights for disabled

• Focuses on employment, access to
  goods, services and facilities, and
           DDA – Part 1
• Definition

  – “a physical or mental impairment
    which has a substantial and long-
    term adverse effect on your ability
    to carry out normal day-to-day
Normal day-to-day activities
• At least one must be badly affected:
  – Mobility
  – Manual dexterity
  – Physical co-ordination
  – Continence
  – Ability to lift, carry or move everyday objects
  – Speech, hearing or eyesight
  – Memory or ability to concentrate, learn or
  – Understanding of the risk of physical danger
   Not covered under DDA
• These are not considered impairments:
  – Lifestyle choices such as tattoos or non-
    medical piercings

  – Tendency to steal, set fires, and physical or
    sexual abuse of others

  – Hayfever, if it does not aggravate the effects
    of an existing condition

  – Addiction to or a dependency on alcohol,
    nicotine or any other substance, other than the
    substance being medically prescribed
             DDA – Part 2
• Employment and occupation
  – Aims to stop discrimination against disabled
    people at work and when disabled people
    apply or train for jobs

• Reasonable adjustments
  – To the workplace and the job description

  – Adjusting premises, altering hours, or buying

  – Access to work
      Qualifications Bodies
• Must take reasonable steps to prevent
  disabled students, members or applicants
  being placed at a substantial disadvantage
  compared with people who are not

• Do not need to make reasonable
  adjustments to professional standards
  – Must be justified
  – Make adjustments to assessment process
    where necessary
        Work Placements
• Unlawful for work placement
  providers to discriminate in:
  – Selecting work placement candidates
  – The terms of the placement
  – Dismissal

• Reasonable adjustments may depend
  on the length of the placement
          DDA – Part 4
• Legislation brought in as the Special
  Educational Needs and Disability Act
  (SENDA, 2001)

• Covers pre-16 and post-16 education

• Work-based training that takes place
  in an institution is also covered
   Reasonable Adjustments
• Might include:
  - Changing admissions, administrative and
    examination procedures
  - Changing course content
  - Changing physical features and premises
  - Changing teaching arrangements
  - Providing additional teaching
  - Providing communication and support services
  - Offering information in alternative formats
  - Training staff

• There is an anticipatory duty
Disabled Student Allowance
• DSAs are intended to cover any extra
  costs incurred because a student has a

• They are not means tested

• Four categories:
  –   Specialist equipment allowance
  –   Non-medical helpers allowance
  –   General expenditure allowance
  –   Travel allowance
                  DDA (2005)
• Passed in April 2005

• Amends DDA (1995)

• Most changes to be implemented by end of 2006

• Key points:
  –   Definition
  –   General qualifications awarding bodies
  –   Transport
  –   Public Sector Duty
    Disability Equality Duty
• Public sector required to actively promote
  disability equality

• Positive duty

• Eliminate unlawful discrimination

• Disability Equality Scheme

• Must demonstrate that they have taken
  actions that they have committed
  themselves to, and achieved appropriate
       Hidden Disabilities
• A disability that is not immediately
  obvious to the observer

• Social impact – “you look OK”
  – Implications can be dismissed as
  – Effects on confidence and well-being of
    person with a hidden disability
• Asthma
• Transplants
• Diseases of the heart / circulatory
• Mental disabilities / learning
  difficulties / psychological illnesses
• Epilepsy
• Dyslexia
• Equality Act (2006)

• Equality and Human Rights Commission
  – The Disability Rights Commission (DRC)
  – The Commission for Racial Equality
  – The Equal Opportunities Commission

• Discrimination also unlawful on grounds of
  age, religion or belief, or sexual
• Hannah – deaf
• Deidre – dyslexia
• Joanne – deaf
• Mary – neurofibromatosis
• Stephen – dyslexia
• Angie – physical and mental health
         NMC Standards
• All students to be supported to
  achieve full potential

• Work in partnership

• Confidence that disclosure will not
  lead to discrimination
      NMC – Good Health
• NOT absence of disability or health

• No “blanket bans”

• Must be capable of safe and
  effective practice without
    Maintaining Standards
• Result of DRC Formal Investigation
  – Regulatory frameworks
  – Assessment of health
  – Disclosure

• Nursing, teaching and social work
  – Professional Regulation
  – Access to professions

• “What’s wrong with you”? not “What can
  you contribute”?
    Maintaining Standards

• Protection of public is highest

• Professional regulations
  – Do nothing to protect the public
  – May offer a sense of false security
      Reasonable Adjustment -
• RCN Guidance

• Reasonable to consider:
  –   Practicality
  –   Effectiveness
  –   Cost
  –   Health and safety (self and others)

• Be creative
  - Outcome
 Educational Considerations
• Not about compromising professional

• Previous educational experiences

• How do we promote disclosure?

• How do we promote awareness?
        Mentor obligations
• Duty to:
  – Eliminate harassment, victimisation and
    discrimination on basis of disability

  – Promote equality of opportunity

  – Promote positive attitudes towards disabled

  – Create positive environment for disclosure


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