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Wales - 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, and those 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. Statement on Policy and Practice for Adults with a Learning Disability (Welsh Assembly Government, 2007)

This states very clearly that in relation to challenging behaviour, local service provision should seek to ensure that people remain in their homes and local communities:

“Where this proves to be impossible to achieve, temporary alternative accommodation and residential support may be needed until they can return home or go to new long-term accommodation in the community. The Welsh Assembly Government encourages authorities to review the appropriateness of arrangements where individuals have been transferred to services outside of their local area. Such arrangements can create difficulties for families to maintain contact and for local care managers to monitor the standards of service provided and outcomes achieved”.

2. The Carers’ Strategy in Wales (Welsh Assembly Government, 2007)

The Carers’ Strategy in Wales emphasises the importance to carers of good information, so that they:

are informed advocates for the person for whom they care
know what services and benefits are available and how to access them
can negotiate and be confident about service availability during life cycle transitions
are aware of their own rights and entitlements.

The Carers’ Strategy also states that carers should contribute to individual decision-making and have a say in all aspects of strategic planning, so that they:

become real partners in the provision of care for the person they are looking after
can represent the interests of the family, including those of the person they are looking after
can monitor and influence the quality of services provided
can be confident in the adequacy of service provision.

3. Fulfilling the Promises (Welsh Assembly Government, 2001)

‘Fulfilling the Promises’ sets out the Welsh Assembly Government’s strategy for learning disability services, and identifies four key principles: rights, independence, choice and inclusion.

A key tool for improving the lives of people with learning disabilities identified within ‘Fulfilling the Promises’ 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 son/daughter’s needs being met. (See 'Know the Process' for further information)

4. The SEN Code of Practice for Wales (Welsh Assembly Government, 2001)

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 SEN Code of Practice states that all young people with special educational needs should have a transition planning meeting in Year 9 (age 13-14) of school and every year subsequently. The Code of Practice also states that parents should be treated as partners throughout the transition planning process and the young people themselves should be involved in making decisions and exercising choices.

The Welsh Assembly Government (WAG) has produced a Handbook of Best Practice for SEN to accompany the Code of Practice in Wales. Section 3 examines Pupil Participation and provides some advice on useful strategies. A number of materials and case study examples can be found in the appendices. Available from www.new.wales.gov.uk email assembly-publications@wales.gsi.gov.uk or telephone 029 2082 3683.