Ability Awareness for Mentors: Fiona McCandless-Sugg .

1. 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).

2. Aim To raise awareness of the legislative and professional disability-related issues that impact on nursing

3. Learning outcomes • By the end of the session participants will be able to: • 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 nursing

4. Medical Model

5. Charity / Tragedy Model

6. Social Model

7. Disability Discrimination Act (DDA) 1995 • Ensures legal rights for disabled people • Focuses on employment, access to goods, services and facilities, and education

8. 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 activities”

9. 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 understand • Understanding of the risk of physical danger

10. 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

11. 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 equipment • Access to work

12. 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 disabled • Do not need to make reasonable adjustments to professional standards • Must be justified • Make adjustments to assessment process where necessary

13. 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

14. 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

15. 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

16. Disabled Student Allowance • DSAs are intended to cover any extra costs incurred because a student has a disability • They are not means tested • Four categories: • Specialist equipment allowance • Non-medical helpers allowance • General expenditure allowance • Travel allowance

17. 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

18. 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 outcomes

19. Hidden Disabilities • A disability that is not immediately obvious to the observer • Social impact – “you look OK” • Implications can be dismissed as unimportant • Effects on confidence and well-being of person with a hidden disability

20. Examples • Asthma • Transplants • Diseases of the heart / circulatory system • Mental disabilities / learning difficulties / psychological illnesses • Epilepsy • Dyslexia

21. Equality • 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 orientation.

22. SKILL • Hannah – deaf • Deidre – dyslexia • Joanne – deaf • Mary – neurofibromatosis • Stephen – dyslexia • Angie – physical and mental health difficulties

23. NMC Standards • All students to be supported to achieve full potential • Work in partnership • Confidence that disclosure will not lead to discrimination

24. NMC – Good Health • NOT absence of disability or health condition • No “blanket bans” • Must be capable of safe and effective practice without supervision

25. 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”?

26. Maintaining Standards • Protection of public is highest importance • Professional regulations • Do nothing to protect the public • May offer a sense of false security

27. Reasonable Adjustment - Nursing • RCN Guidance • Reasonable to consider: • Practicality • Effectiveness • Cost • Health and safety (self and others) • Be creative - Outcome

28. Educational Considerations • Not about compromising professional standards • Previous educational experiences • How do we promote disclosure? • How do we promote awareness?

29. Mentor obligations • Duty to: • Eliminate harassment, victimisation and discrimination on basis of disability • Promote equality of opportunity • Promote positive attitudes towards disabled people • Create positive environment for disclosure

30. Contact • fiona.mccandless-sugg@nottingham.ac.uk • 01623 465608