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Scotland - Know Your Rights

Recent Government policy has emphasised equality & inclusion: people with disabilities have the same rights to be fully included within society. However translating policy into practice has created some challenges and it has been acknowledged that people with complex needs, including those with severe learning disabilities and challenging behaviour, have not benefited as much as they should have.

The following section lists the key “tools” that can be used to develop the kind of individualised supports that people with complex needs require.

1. The Same As You? A Review of Services for People with Learning Disabilities (Scottish Executive, 2000)

‘The Same As You?’ sets out the Scottish Government’s strategy for learning disability services in Scotland. The review reflects Scotland’s wider policies of social inclusion, equality and fairness and the opportunity for people to improve themselves through continuous learning.

A key tool for improving the lives of people with learning disabilities identified within The Same As You? is a Person Centred Plan (PCP). Person-centred planning means starting with the individual and putting the supports around them that will enable them to have the life that they want.

If you are not familiar with person-centred planning do take time to find out more as this approach can be the key to your child’s needs being met (see section 'Know the Process' for more information).

2. Community Care: A Joint Future (2000)

The Joint Future agenda aims to move towards jointly managed, jointly resourced services – breaking down the barriers between Local Authorities and NHS Scotland. Each area in Scotland must provide a Partnership-in-Practice (PiP) agreement laying out what services are available for people with learning disabilities and their families.

To find out about your local PiP - contact your Local Authority.

3. Health Needs Assessment Report: People with Learning Disabilities in Scotland (2004)

The Health Needs Assessment Report recognizes the need to reduce health inequalities and to promote social inclusion for people with learning disabilities. One of its key recommendations is the implementation of specific health screening for people with learning disabilities as it recognizes that people with learning disabilities have a higher level of unmet needs.

4. The Community Care and Health (Scotland) Act 2002

This Act transformed the provision of Direct Payments from a discretionary to a mandatory requirement; it also allows attorneys or guardians to receive payment on behalf of an individual who is unable to give consent.

Direct Payments is money paid by the local authority directly to a person whom it has assessed as needing community care services. The person then uses the payment to purchase the relevant services required to meet their assessed needs. (see section 'Understanding the Funding' for further information)

5. The Additional Support for Learning (Scotland) Act 2004: Code of Practice (Scottish Executive, 2003)

This document promotes a consistency of approach to meeting children’s special educational needs and places the rights of children with special educational needs at the heart of the process, allowing them to be heard and to take part in decisions about their education. The Code of Practice states that all young people with special educational needs should have a transition planning meeting with all the appropriate agencies at least 12 months before the person ceases to receive school education. All relevant information has to be passed to any relevant authorities no later than 6 months before the person is expected to leave school.

For more information see: Enquire Factsheet 16 – Leaving school and deciding what to do at 16+ (Tel 0845 123 2303).

6. The Scottish Further and Higher Education Funding Council (SFC)

The Scottish Further and Higher Education Council has put in place a range of measures to support students with additional needs with further education.

In a recent report from the Scottish Executive “Partnership Matters” (2007) it recognises that the needs of some students cannot be met by the further education provider alone and partnership working with Local Authorities and NHS Boards is necessary to provide the provision of personal or health care, intensive support, therapy and assistance with medication.