National Care Standards: Care homes for people with learning disabilities

Annex B : Useful reference material

Legal

The Adults with Incapacity (Scotland) Act 2000

Under this Act anything that is done on behalf of an adult with incapacity will have to:

• benefit him or her;
• take account of the person's wishes and those of his or her nearest relative, carer, guardian or attorney; and
• achieve the desired purpose without unduly limiting the person's freedom.

The Children (Scotland) Act 1995

The Act puts children first. Each child has the right to:

• be treated as an individual;
• form and express views on matters affecting him or her; and
• be protected from all forms of abuse, neglect or exploitation.

Parents and local authorities have rights and responsibilities in achieving the balance of care.

The Community Care (Direct Payments) Act 1996

This came into force in 1997. It allows local authority social work departments to give disabled people a Direct Payment to enable them to buy the community care services they have been assessed as needing.

The Data Protection Act 1998

The Act covers how information about living, identifiable people is used. All organisations that hold or process personal data must comply.

The Disability Discrimination Act 1995

This wide-ranging Act, which came into force in 1996, makes it illegal to discriminate against disabled people in employment, access to goods, services, transport and education.

Fire Precautions (Workplace) Regulations 1997 (as amended)

The Regulations place a responsibility on employers for carrying out risk assessments in relation to premises. The risk assessment is a means of providing fire precautions for the safety of people using the premises.

The Health and Safety at Work etc Act 1974

The Act is the basic piece of health and safety law that covers everyone who is affected by work activity. It places the burden of legal responsibility for health and safety at work with the employer.

The Human Rights Act 2000

The Act incorporates the European Convention on Human Rights into Scots and English law in relation to the acts of public bodies. Its purpose is to protect human rights and to maintain and promote the ideals and values of a democratic society. The Articles of Convention include:

• freedom of thought, conscience and religion;
• freedom of expression;
• freedom of assembly and association;
• the right to have respect for private and family life; and
• the right to marry.

The Mental Health (Care and Treatment) (Scotland) Act 2003

This Act sets out how a person can be treated if they have a mental illness and what their rights are.

The Mental Health (Scotland) Act 1984

Currently under review, the Act provides for the compulsory detention and treatment of people with a mental disorder.

The Misuse of Drugs Act 1971

The Act is the main law for drugs control in the UK. It prohibits the possession, supply and manufacture of medicinal and other products except where these have been made legal by the Misuse of Drugs Regulations 1985. The legislation is concerned with controlled drugs and puts these into five separate schedules. Anyone who is responsible for storing or administering controlled drugs should be aware of the content of the Misuse of Drugs Regulations 1985 and the Misuse of Drugs (Safe Custody) Regulations 1973.

The Police Act 1997

Part V of the Police Act 1997 was impemented in April 2002. This provides for the Scottish Criminal Records Office to issue criminal record information certificates for individuals and organisations.

The Public Interest Disclosure Act 1998

The Act protects workers who 'blow the whistle' about wrongdoing. It mainly takes the form of amendments to the Employment Rights Act 1996, and makes provision about the kinds of disclosures which may be protected; the circumstances in which such disclosures are protected; and the persons who may be protected.

The Race Relations Act 1976

The Act makes racial discrimination illegal in employment, service delivery, training and other areas.

The Race Relations (Amendment) Act 2000

The Act makes racial discrimination illegal in public activities that were not previously covered. It puts a general duty on public organisations to promote race equality.

The Regulation of Care (Scotland) Act 2001

The Act establishes a new system of care service regulation including the registration and inspection of care services which takes account of national care standards. The Act also creates two new national, independent bodies, the Scottish Commission for the Regulation of Care, to regulate care services, and the Scottish Social Services Council, to regulate the social service workforce and to promote and regulate its education and training.

You can visit these websites for information:

• Regulation of Care (Scotland) Act 2001
  www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2001/20010008.htm
• Regulation of Care (Scotland) Act 2001 Statutory Instruments
  www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-200201.htm

The Rehabilitation of Offenders Act 1974

The Act enables some criminal convictions to become 'spent' or ignored, after a rehabilitation period. The rehabilitation period is a set length of time from the date of conviction.

The Sex Discrimination Act 1975

The Sex Discrimination Act 1975 makes it unlawful to discriminate on grounds of sex or marital status in recruitment, promotion and training. The Act also covers education, the provision of housing, goods and services and advertising.

Policy

Aiming for Excellence: Modernising Social Work Services in Scotland 1999

The White Paper sets out the proposals to strengthen the protection of children and vulnerable adults and to make sure high-quality services are provided. The Scottish Commission for the Regulation of Care is an independent regulator set up for this purpose.

Our National Health 2000

The health plan aims to improve Scotland's health and close the health gap between rich and poor, restoring the NHS as a national service and improving care and standards.

Renewing Mental Health Law 2001

The Scottish Executive's proposals for changes to existing legislation arising from its consideration of the Review of the Mental Health (Scotland) Act 1984.

General

Bannerman, DJ, Sheldon, JB, Sherman, JA and Harchik, AE (1990). Balancing the right to habilitation with the right to personal liberties: The rights of people with developmental disabilities to eat too many doughnuts and take a nap. Journal of Applied Behavior Analysis, 23, 79-89.
Baxter, C et al., (1990) Double Discrimination: Issues and services for people with learning difficulties from black and ethnic minority communities. London: King's Fund Centre and Commission for Racial Equality.
Cattermole, M, Jahoda, A and Markova, I (1988) Leaving home: The experience of people with a mental handicap. Journal of Mental Deficiency Research, 32, 47-57.
Cavet, J (1995) Sources of information about the leisure of people with profound and multiple disabilities. In J Hogg and J Cavet (eds.) Making Leisure Provision for People with Profound and Multiple Learning Disabilities. London: Chapman and Hall, pp. 3-35.
Cowans, A. and Apps, C. (2001) Room to Move. Brighton: Pavilion Press.
Dowson, S (1990) Keeping it safe: Self-advocacy by people with learning difficulties and the professional response. London: Values Into Action.
Emerson, E and Hatton, C (1994) Moving Out: Relocation from Hospital to Community. London: HMSO.
Enable ( ND) Stop It! Bullying and harassment of people with learning disabilities. Glasgow: Enable.
Felce, D (1996) Quality of support for ordinary living. In J Mansell and
K Ericcson (eds.) Deinstitutionalization and Community Living: Intellectual disability services in Britain, Scandinavia and the USA. London: Chapman and Hall, pp. 117-133.
Fitton, P (1994) Listen to Me: Communicating the needs of people with profound intellectual and multiple disabilities. London: Jessica Kingsley.
Flynn, M and Ward, L (1991) We Can Change the Future: Self and citizen advocacy. In S Segal and V Varma (eds.) Prospects for People with Learning Difficulties. London: David Fulton.
Scottish Accessible Information Forum (1999) Standards for Disability Information and Advice Provision in Scotland. Glasgow: Scottish Consumer Council.
Scottish Executive (2000) The Same as You? A review of services for people with learning disabilities. Edinburgh: Scottish Executive.

Care Homes
Anderson, MD, Sherman, JA, Sheldon, JB and McAdam, D (1997). Picture activity schedules and engagement of adults with mental retardation in a group home. Research in Development Disabilities, 18, 231-250.
Bersani, HA (1990) Family monitoring: Making sure a house is still a home. In VJ Bradley and HA Bersani (eds.) Quality Assurance for Individuals with Development Disabilities: It's everybody's business. Baltimore MD: Paul Brookes, pp. 77-91.
Health and Safety in Care Homes 2001, Health and Safety Executive.
Heller, T, Miller, AB and Factor, A (1999) Autonomy in residential facilities and community functioning of adults with mental retardation. Mental Retardation, 37, 449-457.
Joseph Rowntree Foundation (1999) This is my Home: Challenging the language of care and control. Brighton: Pavilion Press. (Video resource for tenants)
Simons, K (1996) Whose Home Is This? Brighton: Pavilion Press.

Restraint
Harris, J (1996) Physical restraint procedures for managing challenging behaviours presented by mentally retarded children and adults. Research in Developmental Disabilities, 17, 99-134.
Harris, J, Allen, D, Cornick, M, Jefferson, A. & Mills, R. (1996) A policy Framework to Guide the Use of Physical Interventions (Restrain) with Adults and Children with Learning Disability and/or Autism. Kidderminster: British Institute for Learning Disabilities.
Hastings, RP and Remington, B (1994) Staff behaviour and its implications for people with learning disabilities and challenging behaviour. British Journal of Clinical Psychology, 33, 423-438.
Hastings, RP (1997) Staff beliefs about the challenging behaviors of children and adults with mental retardation. Clinical Psychology Review, 17, 775-790.
Mental Welfare Commission (1998) Restraint of Residents with Mental Impairment in Care Homes and Hospitals. Edinburgh: Mental Welfare Commission.
Centre for Residential Child Care (1995) Physical Restraint - Practice, Legal, Medical and Technical Considerations. Glasgow: Centre for Residential Child Care.

Sexual issues
Cambridge, P. (1996) Sexuality and Sexual Rights of People with Learning Disabilities. Kidderminster: BILD.
Campbell, M, Cullen, C, Hogg, J and Hudson, W (1997) Approaches to Sexual Abuse of Adults with Learning Disabilities: Units 1-4. St. Andrews: University of St. Andrews.
Cattermole, M, Jahoda, A and Markova, I (1988) Leaving home: The experience of people with a mental handicap. Journal of Mental Deficiency Research, 32, 47-57.
Craft, A (ed.) (1994) Practice Issues in Sexuality and Learning Disabilities. London: Routledge.
McCarthy, M, and Cambridge, P (1996) Cambridge, P (1996) Your Rights about Sex. Kidderminster: BILD.
Bob Tells All/Jenny Speaks Out, (1993), By Sheila Hollins and Valerie Sinason, Published by St George's Mental Health Library, London, ISBN 1 874439 03 6

Bereavement
Hollins, S, and Sireling, L (1994) When Dad Died. London: Books beyond words and St George's Medical School and Gaskell Press.
Hollins, S, and Sireling, L (1994) When Mum Died. London: Books beyond words and St George's Medical School and Gaskell Press.
Hollins, S and Esterhuyzen, A. (1997) Bereavement and Grief in Adults with Learning Disabilities. British Journal of Psychiatry, 170, 497-501.
Kerr, D and Innes, M (2001) Let's Talk about Death. Edinburgh: Scottish Down's Syndrome Association.
Oswin, M (2001) Am I Allowed to Cry? A study of bereavement amongst people who have learning difficulties. London: Souvenir Press.
Living with Loss, Helping people with learning disabilities cope with bereavement and loss, Edited by Noelle Blackman, Foreword by Valerie Sinason, Published by Pavilion Publishing (Brighton) Ltd, Brighton, East Sussex, ISBN 1 84196 011 X.

Health
Scottish Home and Health Department (1990) Code of Practice on Confidentiality of Personal Health Information. Edinburgh: Scottish Office.
Kerr, A (1997) Caring for the health of the intellectually disabled. Scottish Medicine, 16, 4-5.
Kerr. M, Fraser, W and Felce, D (1996) Primary health care for people with learning disabilities. British Journal of Learning Disability, 24, 52 - 58.
NHS Management Executive (1990) A Guide to Consent for Examination of Treatment. Leeds: NHS Management Executive.
Robertson, J, Emerson, E, Gregory, N, Hatton, C, Turner, S, Kessissoglou, S and Hallam, A (2000) Lifestyle related risk factors for poor health in residential settings for people with intellectual disabilities. Research in Developmental Disabilities, 21, 469-486.
Aicardi, J and Chevrie, J-J (1986) Children with epilepsy. In N. Gordon & I. McKinlay (eds.) Neurologically Handicapped Children: Treatment and management. Oxford: Blackwell.
Burkhart, J, Fox, R, Rotari, A (1985) Obesity of mentally retarded individuals: Prevalence characterisitcs and intervention. American Journal of Mental Retardation, 90, 303-312.
Rimmer, JH, Braddock, D and Fujiura, G (1993) Prevalence of obesity in adults with mental retardation: Implications for health promotion and disease prevention. American Journal of Mental Retardation, 31, 105-110.
Kennedy, M, McCombie, L, Dawes, P, McConnell, KN and Dunnigan, MG (1997) Nutritional support for patients with intellectual disabilities and nutrition/dysphagia disorders in community care. Journal of Intellectual Disability Research, 41, 430-436.
Smith, L and Smith, P (1998). Promoting continence training for people with learning difficulties: Journal of Community Nursing, 12, 18-25.

Medication
Aman, MG and Singh, NN (1991) Pharmacological Intervention. In JL Matson and JA Mulick (eds.) Handbook of Mental Retardation: Second edition. Oxford: Pergamon, pp. 347-372.
Guidelines for the administration of medicines, UK Central Council for Nursing, Midwifery and Health Visiting, October 2000.
Position statement on the covert administration of medicines, UK Central Council for Nursing, Midwifery and Health Visiting, September 2001.
The Administration and control of medicines in Care homes (2001) Royal Pharmaceutical Society of Great Britain.

Volunteering
Engaging Volunteers - A Good practice Guide. (1995 reprinted 1998), Volunteer Development Scotland.
The Scottish Compact (1998) The Scottish Office.
Framework for Volunteering - Policy and Proceedures in Voluntary Organisations (1998) Volunteer Development Scotland.