‘Anna Walker and David Behan, Inspectors of the Health and Social Care Commission recently launched an audit of all services for England for people with Learning Disabilities.’
The above action comes after it was revealed that NHS staff abused adults with learning difficulties which included, among many other things, such abuse as a deaf and blind man being tied up for 16 hours a day; withdrawal of food; being locked in rooms, cold showers, over reliance on medication; misuse of funds and sexual abuse.
Investigations, in part, prompted by Mencap (who say that there are about 1.5 million people with learning disabilities and around 2,500 of these people live in NHS care homes), uncovered widespread abuse and a lack of understanding of
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Obviously this situation needs to be put right immediately but there are a couple of issues highlighted by this report that need to be looked at more carefully.
Firstly, a member of staff being jailed for the rape of a woman in one of these units with a second member of staff receiving a suspended sentence for a previous sex offence against the same woman is the correct course of action. However, the reason given for the prosecution was that the woman was deemed to have too low a mental age to have given consent in either incident and I take issue with this because there is no real clarity and a limited lesson to be learned by those people charged with the care of people with learning disabilities. In the first instance, nobody employed to take care of a patient or a resident should be engaging in any kind of sexual contact with any person they are caring for; regardless of the patient/residents ability to give consent. Secondly, does this mean that the woman in the case will not be allowed to have a fulfilling relationship with anyone else, will she be allowed to vote, will she be allowed to have any say in decisions about her life? It may be that all of these things will be acceptable for her to do but if this is the case, it needs to be made clear that the prosecution is not only about the woman’s ability to give consent but that
Outcome 1 Understand the legislation and policies that support the human rights ind inclusion of individuals with learning disabilities
Valuing People (Department of Health 2001) it was introduced by the labour government who were keen to promote independent living. This white paper on learning disabilities was for the first in England in 30 years. It made direct payments available to more people with a learning disability and was the first paper where we officially come across the term ‘Person Centred Planning’. It stresses the importance of Personal Centred Planning in helping people with learning difficulties take charge of their own lives. This paper has been ‘refreshed’ in 2009 titling it Value People Now and is a new three year strategy for people with learning disabilities, and will lead to better lives for people.
Safeguarding Adults Boards – raises awareness and promotes the welfare of vulnerable adults by the development of an effective co-operative. This group of people come from a wide range of public and voluntary services and other organisations and is committed to ensuring that the work done effectively brings about good outcomes for adults. It is an organisation that draws on expertise and experience from a number of sources. The Police – their role is to safeguard vulnerable adults, investigate all reports of vulnerable adult abuse and protect and uphold the rights of vulnerable adults. Care Quality Commission (CQC) is the regulatory board and their role is to monitor and provide guidance on what all health and social care providers must do to safeguard vulnerable adults from abuse.
National policies and local systems relating to safeguarding and protecting adults from abuse are no secrets 2000, equality act 2000, equal opportunities act 2010, human right act 1998, metal health act, mental capacity act 2005, CRB checks, quality care
Prior to the Community Care Act 1990 adults and children with learning disabilities were cared for in large institutions where their basic needs were met but there
Gurney et al (2006) and Nocon (2006) both acknowledge that children with learning disabilities have a greater need for the health services compared to the general population and this high level of need extends into adulthood. A recent Confidential inquiry into premature deaths of patients with LD has found that the average age of death of people with LD (sixty-five years for males and 63 years for females) as being significantly less than the United Kingdom population of seventy-eight years for men and eighty-three for women (Heslop et al
It is vital that as an organisation we evaluate our policies and improve and develop them as
We all want to be treated with dignity and it is a very important part of an individual’s life. Working in the health and social care profession it is important to help people maintain their dignity so they can keep their sense of self-respect and self-worth. All health and social care professionals should be sensitive and aware of the needs of people and service users. Just because a person has dementia, they still need to be given a choice and not assume that they cannot make a choice. Not everybody is the same, there are different levels of dementia, so getting to know the service user is vital to challenge discrimination. We also need to make sure that the service user or their families are aware of the complaints procedure. Having policies and procedures are put in place and that staff are up to date on their training.
The main issues of public concern are centred on the abuse and neglect of vulnerable adults - whether they are elderly, people with disabilities, those suffering from dementia or other mental health problems.
Safeguarding vulnerable group act 2006 is an Act that protects vulnerable people from abuse. Legislation policies and procedures for safeguarding groups have made health and social care staff much more aware of what is regarded as abuse and how to identify that abuse may have occurred. This rule helps to know what to do and how to do it if you suspect any kind of maltreatment or abuse or if an individual tells you that they are being abused. (Stretch, Whitehouse, health and social care level 3 books 1 P105).
Anyone providing services for children with special needs – health, education or social service departments, as well as voluntary organisations – must act within the legal framework. Legislation can change at any time and all health, education and social care practitioners, also Early Years workers, should be alert to new Acts and Regulations. There have been many changes to legislation in the UK over recent years which have affected this and a gradual increase in entitlements for these pupils.
It is therefore fair to say that adults with learning disabilities health and social wellbeing is severely compromised when they come in contact with the justice system with little seeming to work properly, leaving these vulnerable individuals open to all sorts of abuse.
If we protect children from harm they are more likely to grow up into confident members of society. Children with a disability are three times more likely to experience abuse and neglect and it’s up to us as practitioners to recognise the signs and symptoms to protect all children.
One in five American students has a learning disability this is according to the documentary “Misunderstood Minds’’ produced by WGBH. Children with learning disabilities are more likely to become outcasts in school and in society. The documentary follows five families dealing with a differently abled child; Nathan V, Lauren, Sarah Lee, Adam, and Nathan S. The film focuses on difficulties the families go through, professionalism or lack of it by school officials and demystification.
Abuse of vulnerable adults may occur at the adult's home, in a supportive accommodation such a hospital, care home or nursing home, independent living accomadtation, health services such as GP surgeries, public settings and local community or other places previously assumed safe. Where the abuse occurs will be determined by the setting in the environment. Nursing care homes, surgeries and hospitals usually have strict regulatory controls to ensure adequate care is being given, however paid care staff in domiciliary homes may work with little or no supervision. Where there is poor management, little assessment and no enforced legislation in place, those receiving support are more likely to receive inadequate care; this is when abuse starts to occur.