Consultation on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): analysis of responses

9. Next steps and further comments

Q17: Section 5 of the delivery plan details the next steps for the Scottish Government's approach to making the UNCRPD a reality for disabled people in Scotland. Do you have any comments on this section, or anything additional you would like to see added here?

A range of comments were received in response to Q17. The most common comments related to the content, layout and structure of the plan and consultation. The implementation and evaluation of the plan was also commented on. The importance of engaging with disabled people was also emphasised. Some consultees suggested commitments they wished to see added to the delivery plan, and some expressed their doubts about the objectives of the delivery plan being put into practice. Table 70, below, shows the key themes identified.

Table 70: themes identified under Q17

Theme identified	Number of comments relating to this theme
Content, layout and structure of plan and consultation	14
Evaluation	11
Engagement	10
Implementation	9
Commitments to add	4
Doubts that the delivery plan will be put into practice and have an impact	3
Other	6

Content, layout and structure of plan and consultation

There were a range of comments relating to the plan and consultation, including that both the plan and consultation could have been easier to read and more user friendly. It was also acknowledged that progress was being made and attempts had been made to provide an Easy Read version of the consultation.

"The Easy read version of this plan came out late and so we were disadvantaged by that. It was very disappointing that a plan which talks so much about addressing these kind of issues was produced that way. This was a long document to work with and that put a lot of our members off from replying as individuals or local groups."

Third sector / equality organisation - People First (Scotland)

"We welcome the provision of the consultation document in Easy Read, and the flexibility you have shown in relation to the deadline for responses. We see this as a positive step towards addressing the communication support needs of some disabled people… We have often found it difficult to consult with the people we support within the time allowed due to alternative formats being unavailable at the same time as standard formats. In future, all consultations should be provided as a matter of course and at the same time in text, Easy Read, Braille and BSL as a minimum standard set by the Scottish Government across all departments to work towards full inclusion of disabled people in all areas of policy development… The current situation often results in people with communication support needs having less time to give their views on a subject, when they may in fact need longer than others in order to fully understand the implications of proposals."

Third sector / equality organisation - Sense Scotland

It was thought that more detail was required around certain commitments and on timescales for putting plans into action.

"Some commitments are vague and so it is difficult to comment on them, it will also be difficult to monitor whether these commitments are being fulfilled because they are not specific enough."

Third sector / equality organisation - People First (Scotland)

"This section is short on detail - we would like to see a clearer process and timetable for action."

Public Body - Mental Welfare Commission for Scotland

It was commented that there was not enough new work included in plan (it referenced work which was on-going), and there was the suggestion that it should have been structured around themes. Two comments related to the model of disability used within the delivery plan, with one consultee disagreeing with the use of a social model of disability (covered in more detail in Q16 above). Another consultee believed that the plan should have been more consistent in its use of the social model of disability. There was also a call for the definition of inclusive communication to be expanded to go beyond those with sensory impairments or who can access Easy Read documents.

"We recognise that the plan is a list of work that is taking place, or indeed has taken place in various government departments. Whilst we see some merit in this activity, in many ways the plan was initially presented to disabled people as a set of new commitments to make their UNCRPD rights a reality. When consulting on the plan we have therefore encountered a strong sense of frustration and scepticism from disabled people who feel that this plan contains nothing new."

Third sector / equality organisation - Scottish Disability Equality Forum

"It was thought that the content of the plan could have been more consistent with Social Model that it aspires to in terms of addressing the barriers that restrain people i.e. rather than change the lives of disabled people we should seek an inclusive approach and plan to change our systems and change the lives of all Scottish citizens."

Third sector / equality organisation - Dundee Learning Disability & Autism Strategic Planning Group

"Finally inclusive communication is more than just ways of communicating. It is also about awareness and attitudes. Inclusive Communication only happens if organisations and the individuals who lead and work in those organisations are aware of the diversity and impact of communication barriers."

Academic or Research Institute - Royal College of Speech and Language Therapists

Evaluation

The importance of evaluating progress made against the commitments in the delivery plan was highlighted. In particular it was stated that disabled people and DPOs should be engaged with the monitoring and evaluation process, and there were calls for more details about monitoring and evaluation.

"Leonard Cheshire Disability welcomes the Scottish Government's commitment to evidence based reporting on the progress towards achieving the outcomes of this action plan. In addition we support the full involvement of disabled people and Disabled People's User Led Organisations ( DPULO) in implementing and monitoring the plan."

Third sector / equality organisation - Leonard Cheshire Disability

"The role of Disabled People's Organisations in reviewing the progress of the delivery plan has the potential to be a very effective driver for ensuring its delivery as they have a particularly strong interest in ensuring the commitments identified are met."

Local government - Stirling Council

"Action on Hearing Loss Scotland would like to see more details about the measurement criteria and timelines for the delivery of progress towards achieving each outcome included in the plan."

Third sector / equality organisation - Action on Hearing Loss Scotland

Engagement

The importance of engaging with disabled people and DPOs during the monitoring and evaluation process was emphasised. There was also a strong desire expressed for meaningful and on-going engagement with disabled people and other key stakeholders throughout the whole process of developing, implementing and monitoring the delivery plan, with disabled people and DPOs involved as co-producers of the work.

"We welcome the Scottish Government's commitment to ensuring that disabled people, DPO's and other disability organisations collectively work together to ensure progression of the commitment's within the Disability Delivery Plan. However, there is a need to co-produce a robust and uniform monitoring and evaluation framework to measure progress and success."

Third sector / equality organisation - Capability Scotland

"However, as expressed above, we strongly believe that this involvement should be meaningful and that the Scottish Government should, where possible, strive to co-produce with disabled people, the commitments in this plan."

Third sector / equality organisation - Leonard Cheshire Disability

"The Disability Delivery Plan provides a real opportunity for the Scottish Government to cohesively articulate the action Scotland is taking to deliver on UNCRPD commitments. The process leading up to the production of the plan has involved disabled people and Disabled Person's Organisations in Scotland coming together to outline policy 'asks' that they believe will help to ensure that UNCRPD rights become a reality for disabled people in Scotland. SDEF is firmly committed to this process and are keen to be involved with on-going consultation and involvement work to ensure that the policy suggestions made at the Disability Symposium, the pop-up think tanks hosted by the Independent Living in Scotland Project, The Transport Accessibility Summit and the workshops held as part of the first Annual Disability Summit form commitments in the final disability delivery plan where possible and are delivered on by the Scottish Government and partner organisations over the lifetime of the plan."

Third sector / equality organisation - Scottish Disability Equality Forum

Implementation

A number of comments were made around the implementation of the plan. The need for cross-cutting coordinated action was highlighted, as was the need for adequate resourcing of the plan. Some consultees commented on the importance of maintaining the priority of this work and the need to follow through and implement it. There was a suggestion that a transformational approach was required. The need for monitoring and evaluation was also highlighted as key to successful implementation.

"As has been mentioned in the Disability Agenda Scotland ( DAS) response, Action on Hearing Loss Scotland would like to see a cohesive and strategic cross-government action plan to ensure that all government departments and partner organisations are working in a coordinated manner towards together achieving shared aims of successfully delivering positive outcomes for disabled people across Scotland."

Third sector / equality organisation - Action on Hearing Loss Scotland

"We also have concerns that the plan is not owned and directed within one Scottish Government portfolio. We would like to see the development of the plan lead to a strengthened infrastructure supporting cross-governmental priorities to deliver against a strategic and cohesive action plan with agreed timescales and with clear milestones."

Third sector / equality organisation - Scottish Disability Equality Forum

"Delivery will depend on adequate resources being committed to delivery by all agencies concerned and close monitoring of outcomes."

Individual

"Please implement it, the UK gov't treat disabled people terribly. We are made to feel sub-human, a burden on and dissociated from a society we are supposed to be part of. Disabled people pay taxes and vote too, just like the rest of society."

Individual

"We suggest a transformational approach, perhaps using U Lab techniques, with commitment to a long-term process will underpin the human rights of disabled people, children and young people and truly remove barriers to equality of opportunity and independent living."

Third sector / equality organisation - Thistle Foundation

Commitments to add

Consultees suggested commitments that they thought should be added to the delivery plan. These included specific commitments relating to both mental health and health and social care integration.

"Members also commented on the distinct absence of mental health commitments within the draft plan… SDEF and other DPOs are concerned about what this absence reveals about the status and recognition of people who have mental health issues, as recognised as a disability under the terms of the Equality Act 2010, within the Scottish Government's vision for equality for disabled people. We would urge the Scottish Government to reconsider the status of commitments to improve the quality of life for people who have mental health problems within the deliverables of the Draft Plan as a matter of urgency."

Third sector / equality organisation - Scottish Disability Equality Forum

"It may strengthen the plan to include commitments around Health and Social Care integration and related policies like Keys To Life."

Third sector / equality organisation - Dundee Learning Disability & Autism Strategic Planning Group

Doubts that the delivery plan will be put into practice and have an impact

Some consultees took the opportunity to express their scepticism that the delivery plan would be put into practice and have an impact on the lives of disabled people.

"However many of our members have a sense of scepticism and frustration that the plan will lead to meaningful change unless specific resources are made available and a robust and uniform monitoring and evaluation framework is in place."

Third sector / equality organisation - Scottish Disability Equality Forum

Other

A range of other comments were received relating to forced marriage; the need for greater transparency by local authorities; the need for more local facilities; and the necessity to uphold human rights.

Q18: Are there any other comments you would like to make on the overall delivery plan, to inform its further development and implementation?

Thirty-nine consultees responded to this question. Where a response clearly related to a specific commitment, the response was themed as part of the responses to that commitment rather than as part of Q18. Comments received fell broadly into five main categories: implementation of the plan; engagement; evaluation; commitments which should be added, or areas which should receive greater focus; and the structure, wording and content of the delivery plan. Table 71, below, shows the key themes identified.

Table 71: themes identified under Q18

Theme identified	Number of comments relating to this theme
Implementation	17
Commitments to add/areas to focus more on	16
Structure/wording/content of plan	15
Engagement	12
Evaluation	5

Implementation

There were a number of comments about the implementation of the delivery plan. These included emphasising the need for it to be adequately resourced, both in terms of money, but also in relation to skills and capacity. It was commented that there was a need for awareness of the cross-cutting nature of the plan with other UN conventions and other policies, and also an awareness of intersectionality between disability and other protected characteristics, in order to ensure structures and services are accessible to all disabled people. It was suggested that there was a need for multi-agency guidance to be developed.

"The content of the overall delivery plan has emerged through extensive involvement with Disabled People's organisations. The resulting proposed commitments offer a framework for extensive actions which if realised will secure genuine improvements for disabled people in their daily lives. Securing sufficient resources, not only in monetary terms but more crucially in terms of terms of skills, expertise and capacity presents a considerable challenge to all involved in delivering the plan, including local authorities, but is essential to delivering the commitment to securing the rights of disabled people across Scotland."

Local government - Stirling Council

"The UNCRPD Action Plan should not be developed and implemented in a silo but in partnership with the current and forthcoming Action Plans to implement obligations within other UN Treaties such as the UNCRC."

Third sector / equality organisation - Together (Scottish Alliance for Children's Rights)

There were suggestions about how the delivery plan should be implemented, with one consultee stressing the need for a whole systems approach, emphasising the role of early intervention and education, whilst another highlighted the importance of making small changes. The importance of building on existing successful policies and the requirement to amend legislation were also noted. It was also suggested that a Children's Rights and Wellbeing Impact Assessment ( CRWIA) be carried out on the plan, to identify, and if need be, mitigate the impact the plan with have on children and young people. Finally, some concerns relating to implementation were noted, primarily relating to the integration of health and social care services and lack of funding.

"A change in attitude and culture will only be sustained if there is a whole system approach. This means that education and early intervention is core and across the sectors. We need a society that understands, accepts and values all people including those with complex needs."

Academic or Research Institute - PAMIS

"We foresee major problems with the implementation of the Plan. While in principle we welcome the Scottish Government's legislation to integrate health and social services, we have grave doubts as to the efficiency of such an integrated service. This is being carried out at a time of financial stringency when both services are under severe strain due to increasing demand, shortage of resources and low morale."

Other - Free Church of Scotland

Commitments to add/areas to focus more on

A number of consultees listed commitments that they would like to see added, or highlighted areas which they felt should be given more focus within the delivery plan. These included greater focus on children and young people, and a concern about the conflict between the rights of an unborn child and pre-natal screening for foetal abnormalities. The list below indicates the key areas where consultees asked for additional commitments or more focus:

• children and young people
• rights of the unborn child - conflict between human rights and pre-natal screening
• people with dementia
• carers
• health
• disabled people as victims of certain crimes such as honour crimes/forced marriage
• disabled people as perpetrators of crime and prisoners
• the right to friendships and a social life
• more details on how disabled people will be supported to participate and be empowered
• more detail on article 4 obligations (States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability)
• stronger commitment needed around section 26 adequate standard of living
• need to end stigma and discrimination

"At the outset of our submission we highlighted that the Delivery Plan currently does not contain sufficient commitments to strengthen the experience and outcomes of disabled children in the early years, a critical time in their development and wellbeing."

Third sector / equality organisation - National Deaf Children's Society

"Alzheimer Scotland welcomes the references to carers and some of the barriers and challenges they experience as part of their caregiving role… we believe that additional detail on inclusion and support for carers across the four outcomes, with the inclusion of specific commitments, would strengthen the delivery plan."

Third sector / equality organisation - Alzheimer Scotland

"Page 14 of the Delivery Plan proposes to reduce and remove the barriers facing disabled people of all ages to ensure full and equal access to a number of services, the built environment, information, employment, and more. Yet the list does not include the opportunity to socialise and establish and maintain friendships. As highlighted in Together's UNCRC NGO report to the UN earlier this year, disabled children repeatedly call for steps to be taken to allow them to increase their independence and build friendships. Together recommends that the list included on page 14 should be amended to include the barriers facing children and young people in socialising and making friends."

Third sector / equality organisation - Together (Scottish Alliance for Children's Rights)

"We do note that throughout the delivery plan document there are several references to disabled people being "empowered". However, in order to meet the commitments of Article 19, considerations must be made regarding the provision of support structures in order to facilitate full participation. The delivery plan should include specific measures aimed at empowering people who experience illness or disability to have the skills and capacity to influence policy and practice that affects their lives… Moreover, inclusion concerns the ability of people not to be at a disadvantage because of their disability, in particular financial hardship, again highlighting the importance of a commitment to an adequate standard of living."

Third sector / equality organisation - HIV Scotland & NAT (National AIDS Trust)

Structure/wording/content of plan

There were a number of comments around the structure, wording and content of the delivery plan. Some consultees commented that the delivery plan was good, but that it had the scope to go further and include more. Comments were made about referencing work being undertaken to improve the lives of disabled children and young people, and people with dementia, their families and carers. Comments were also made about a lack of clarity and cohesion within the plan and the need to firm up commitments. It was noted that some commitments related only to specific groups of disabled people, whereas it is important that all disabled people are covered within the plan. It was also noted that providing feedback on the delivery plan should be made easier.

"We are pleased to endorse this plan and look forward to supporting the implementation of the commitments."

Public Body - Social Work, Dundee City Council

"Alzheimer Scotland believes that the Draft Delivery Plan to meet the UNCRPD is comprehensive and addresses some key themes for people who face barriers to fully exercising their rights and playing an active roles in the communities in which they reside. In addition, we believe the delivery plan identifies a broad range of work which is currently being undertaken to improve the experience and outcomes for people with disabilities. However, we believe that the delivery plan does not include some key pieces of work which have been particularly effective in ensuring that a rights-based approach is taken to deliver care and support for people with dementia, their families and carers."

Third sector / equality organisation - Alzheimer Scotland

"There are many aspects of the delivery plan which we welcome. However, we have serious concerns that the plan lacks overall cohesion and clarity, and that in its current format it will do little to help make disabled more aware of their rights or able to claim them."

Third sector / equality organisation - HIV Scotland & NAT (National AIDS Trust)

"There is much to welcome in the Plan and I appreciate the work that has gone into this document and the support given to disabled people's organisations to ensuring that the Plan reflects their concerns. In my submission, I have referred to a number of Government policies and funded projects which have helped to make a real difference to the lives of disabled children and young people. Many of these need to be built upon and taken forward."

Public Body - Children and Young People's Commissioner

"In addition, many of the commitments relate only to a specific group or community. Although disabled people do not fit into one homogenous group, the rights contained in the CRPD are universal to all disabled people and the delivery plan must reflect this."

Third sector / equality organisation - HIV Scotland & NAT (National AIDS Trust)

"Inclusion Scotland looks forward to being involved in the successful delivery of the final Delivery Plan, subject to the suggested changes being made. We would like the final Plan to contain much more concrete commitments where we have noted vagueness, and further detail on what they entail where necessary."

Third sector / equality organisation - Inclusion Scotland

Some comments were made about the terminology used within the delivery plan, with objections being raised about the use of the phrase "disabled people" when this was not thought to be consistent with the UNCRPD usage and was felt to have negative connotations. Comments were also made about the model of disability used in the delivery plan. Some consultees called for the model to be expanded beyond the "social model" of disability to a "human rights" model of disability, whilst another commented that some of the wording of the delivery plan was not consistent with the social model, but seemed to be more consistent with the medical model.

"In relation to 'disabled people', Enable, the UN's world programme of action concerning persons with disabilities, in relation to the UNCRPD, specifically notes that the term 'disabled people' should not be used as it has negative connotations."

Individual

"We would also direct the Scottish Government's attention to the human rights model of disability, which is the model of disability supported and promoted by the UNCRPD. This builds upon the social model of disability and recognizes that it is the legal, physical, attitudinal, social, cultural and communication barriers within the community, rather than impairments within the individual, that exclude persons with disabilities. These barriers are discriminatory and using human rights and a rights-based approach can help to overcome them."

Third sector / equality organisation - Members of the Rights for Life Steering Group

"Together would like to draw attention to Section 1.3 which seeks to define the 'social model' of disability. It includes that: "If we are to achieve our aim of full equality and human rights for disabled people in Scotland, then we must take account of all disabled people, including disabled children and young people and older people, whether they are disabled by impairment or long-term condition from birth or acquire it during the course of their life." This seems contradictory to a social model of disability, which does not define a disability by impairment or long-term condition but through the barriers created by society as the cause of disadvantage and exclusion rather than the impairment itself. Together recommends that the above sentence is re-worded to ensure clarity in defining the social model of disability."

Third sector / equality organisation - Together (Scottish Alliance for Children's Rights)

Engagement

The importance of meaningful engagement and co-production with disabled people and disabled people's organisations was highlighted as essential if the delivery plan is going to meet its aims.

"Proper co-production with disabled people takes time and requires additional resources. For commitments to work best, and in the spirit of the Christie Commission recommendations made in 2011, it is crucial that such planning and co-production with disabled people and via their organizations, is central to this Delivery Plan, too. Inaccessibility of design, services or discriminatory policy comes about because plans are made without disabled people's barriers in mind and without their first hand involvement. Alternatively, co-production and preventative spending saves on retro-fitting these things."

Third sector / equality organisation - Inclusion Scotland

Evaluation

The importance of evaluation and monitoring, and involving disabled people was emphasised, as was the need for accurate and up-to-date data relating to the number of disabled children and young people in Scotland. (This was believed to be a deficiency in the data.)

"Leonard Cheshire welcomes the principles and commitments in this plan. If implemented effectively, they have the potential to have a significantly positive impact on disabled people in Scotland. However, we believe it is important that details of how the commitments are implemented receive the same level of scrutiny and consultation as the action plan itself. As the plan is implemented, we would strongly support further opportunities for the involvement of disabled people and disabled people's organisations ( DPULOs) in all aspects of the plan's delivery."

Third sector / equality organisation - Leonard Cheshire Disability

"Together recommends that included within the Delivery Plan is a commitment to provide an update of progress made/gaps in progress… Such a Delivery Plan progress report should review the extent to which outcomes have been met against specific SMART actions (specific, measureable, achievable, relevant, time bound)."

Third sector / equality organisation - Together (Scottish Alliance for Children's Rights)