People With Learning Disabilities and Local Services - Research Paper Example

A learning disability is often a misleading and confusing term for many. Many people may use the term ‘mental handicap’ to describe this phenomenon or maybe ‘learning difficulty’ or a difficulty in development. Different family members and different professions describe this disability with different terms and also depending on the degree of the severity of the disability. Many terms in the past were considered offensive and insensitive, perhaps to the individual or the family of the individual and regardless; the terms have changed over the period of time. The Department of Health now uses this term ‘learning disability’ in their policies and documents. There is certain criterion for a learning disability which is described as an individual’s incapability to comprehend new and different information as well as to understand new skills. It is also an inability to survive independently, without the help of others, before adulthood and long into adulthood or after the development phase is over. [Lin98] A learning disability is something that lasts an individual for a lifetime and it usually begins from their birth and therefore it means that the individual needs support throughout his entire life and for their daily life activities. There are also many kinds of learning disabilities and some may be recognized and some may not such as Fragile X and Down’s syndrome, but many people are suffering from learning disabilities and are either not diagnosed at all or not full diagnosed to figure out what they are suffering from. Some disabilities begin at birth and some later on in their life, and this also varies from individual to individual. [Noe09] Another aspect is the affect that learning disabilities have on a person’s life. For many people, learning disabilities influence their whole life where as for some it may be for some areas of their life such as social or emotional. For example they may be able to manage a household and job as well, but may need some assistance with aspects such as cooking or filling out forms or checking mail. Some individuals on the other extreme of the spectrum may need support with basic needs such as eating and every other aspect of their life is in health related, social or personal. Many people who haven’t personally experienced such a situation in their lifetime may have a difficulty in understanding the needs and the varying extremities of individuals with learning disabilities and their families. [Joa99] The victims of learning disabilities are 1-2% of the population and they continue to increase as their life span is longer and younger people with these disabilities are surviving and turning into adults with special needs. ‘Complex needs’ is used to describe the needs of individuals over and above the basic needs which mean that they have many additional needs that may vary from person to person. Valuing them is extremely important and since their situation varies, personalization of one’s approach in dealing with people with learning disabilities is extremely important. Many of their needs and wants are overlooked perhaps because their voices aren’t head over the mob or they cannot communicate their needs properly, or they may not even know what they do need. There are policies and guidelines designed for these purposes which help people with these special needs. Local services also need to be focused on in order to cater to the people with learning disabilities in our own community before looking elsewhere. [San98] Over the past years, awareness of treatment of people with learning disabilities has increased and so has their support from society. Traditionally families believed that the best way to help people with learning disabilities was to leave them at the disposal of an institution and this would also allow them to lead their lives without having to burden themselves with the extra effort. It was also believed that people with learning disabilities wouldn’t last well into their adulthood, and therefore families were persuaded that an institution was the best way to go. There were many incidents in hospitals which lead to the first layout of a service for the mentally handicapped called ‘Better Services for the Mentally Handicapped’ in 1971 which lead to many people living in these hospitals for years to come. A new policy paper brought out a new strategy for the people with learning disabilities. And this was based on their rights, choices and inclusion in all walks of life. [Hen04] Such people, it was believed should not only fit into society and be taken care of, in fact they should be allowed to play the role that any other person would in the society. They should be allowed to express their sentiments and lead the life that they envisioned, even if they needed aid for it. Many people were facing trouble because of this belief since it was easier said than done. A report in 2008, on Human Rights stated that people with learning disabilities were on a whole poorer, and lonelier and they faced exclusion from the rest of the society and that the policies and measures taken to improve their well being has only been effective to a minimum extent. 2009 saw the coming of a strategy which was to last for three years, which was called ‘Valuing People Now’ which aimed to make it happen for every disable person. Websites and institutions were put up to help these people by proving that they were a resource for the society rather than a burden. [Gin87] Family is also an important dimension for people with learning disabilities since they usually reside with them. These people who take care of them are usually called ‘family carers.’ Even if they don’t live with their families, their carers will probably provide for them in many other ways and have an experience from caring for them for a long period of time and thus can do the job better than anybody else. They play many roles over the course of taking care. They may be dependent on other relatives as well for taking care of the individual with a learning disability and this can also thus become a shared responsibility. Individuals with a learning disability may be caregivers themselves, such as for their spouse or their children etc. [Ste06] The government has realized that families of the disabled person also need care and support so policies catering to them and their needs have also been developed over the years such both globally as well as on a local scale. In this as well, there are divisions between families of an individual with higher care needs and those of lower care needs as well as minority families and families where individuals are too old to provide support etc. 2009 acts state that carers will be evaluated according to their need and their service will be recognized. And this is an extension of the Carers and Disabled Children Act of 1995. Carers are also given equal opportunities according to another Act and the authorities locally are responsible for providing services to the carers even though there is no obligation as of yet to provide them with this service. Carer’s wishes as to where they would like to work and what goals or education they would like to pursue or any other activities should also be taken into account. They can indulge in any type of leisure activity and have any housing facility. They should also be allowed to apply for social care and support and they should have the option to keep a budget or make a payment however they see fit. [HLe03] There should be greater support and understanding for the family members of the caregivers. Carers usually find working a difficult task since they have to take care of the disabled members. There are two acts that condone them in some regards. The Work and Families Act of 2006 and the 1996 Act of Employment Rights allows carers to get help and support while working and caring. Employees who care for disabled or ill relatives or friends for 26 weeks will have the ability to request flexible working conditions from employers, however they employer doesn’t necessarily have to accept the request of the carer in the condition that it would be detrimental to his business if he did so. [Ber98] There have been many other laws regarding the support of carers such as a ‘New Deal’ in 2007 which allows the carer to improve their lives in four steps; first by a helpline that was introduced in 2009 which they could call on, secondly, a program which trains the family carers to get an advocate and gain support and seek advice for their family. They can do this either in a group or individually. The 1999 Carer’s Strategy was also revised and by 2018, the situation is supposed to be a great deal better than it was before since carers will be given the importance and respect that experts are and they will have greater access and support from services and integration of functions that they require for their role as a caregiver Carers will also be allowed to maintain a life separate from their life as a caregiver and they will have support financially so they’re not limited by financial hardships which they face due to their additional roles. Their support will not just be financial but also mental and physical and they will also be treated well. Children or young people in the family would also have proper caring and protection and thus will have the support they require to live their lives. Thus the laws depend on the need and requirements of the caregivers.[Sus98] For short term, caregivers would have support for breaks, support in getting on their feet and working, helping them and checking their health annually, training them to ensure that they are the best carers and the long term would focus more towards the personalized support that would be provided to carers and the information that would be made available to them. There would be professional training and knowledge imparted and examiners to further review how caregivers could be better taken care of. [Joa991] Another issue is that many people are living longer than they would have, including people with disabilities. Their caregivers usually become old and cannot impart the care that they could’ve in younger ages. Many people are living in UK with their families even with a caregiver of 70 years old and this will lead to alternative arrangements to be made now or in the near future. Most of the time this issue of old caregivers is unknown unless there is a crisis in the family and thus they are ‘hidden.’ Parents worry about the future when they would be unable to take care of their kids with disabilities or when they pass away. Thus individuals with learning disabilities whose parents are over 70 years old are actually prioritized in support giving. It is now recommended that the number of people who are living with caregivers over 70 years of age should be identified and their options in the future should be explored. However there are still relatively few rights of caregivers over 70. Those people with learning disabilities with older caregivers usually find themselves in a situation of mutual caring in which other people may also care for them and they also care for the older caregivers in return. [Ass89] However in 2001 the National Service Framework was designed which helped older people in the regards that once the person with a disability reached a certain age, the older people’s services would apply to him or her and there would be a need for forming a partnership with some sort of service which helped the older people with learning disabilities. For example, many people in England live with dementia and there are people among them as well as apart from them who have learning disabilities. People with Down’s syndrome are even more vulnerable and they may even have another disease which further hampers their learning. [Nat95] Learning difficulties for ethnic groups and minorities was also recognized in 2001 because they seem to be at a double disadvantage. There is a group called the National Advisory Group on learning Disabilities and Ethnicity (NAGLDE) which allows the government to see the changes that might help with the people from minorities who have learning disability problems. There was also an Act in 200 called the ‘The Race Relations Act’ which laid down the framework for the authorities to end any unlawful discrimination and to encourage opportunity for all as well good relations between people. This would require the authorities to maintain their work and their surveys etc in minorities and the Race Relations Act was yet to become part of the Equalities Bill. There are many legislations on supporting children as well which were included in the 1989 Children Act in which their needs are seem first and the ‘Green Paper’ of 2003 even believes that young people and children have the right to make a contribution to society, enjoy, achieve goals, be healthy and safe and live a stable life. Another Act of 2004 called the Children Act wants encourage five principles and allows for cooperation. This allows for greater Trusts and Funds for children as well as a Commissioner specially appointed for children. [Lea91] Maternity services and the National Framework allows for the well being of children as well. They are entitles to live an ordinary life along with their family and their needs of social inclusion, good quality education etc. needs to be taken care of. The professional meetings and assessments also have an impact on the disabled and so the authorities were also to ensure that there was open sharing of information and there would be one point of information and contact for each child. In 2007, the Children’s Plan was established which would allow for better quality education and allow younger members to be more productive and get greater support. They would also have a better future and would be taken care of and there is a campaign that further works for this cause which is called ‘Every Disabled Child Matters.’[Lea96] There is also an issue between the transition phase that children and adults both go through which could be transferring services and schools etc and this isn’t usually well catered to in many parts of the world. Either it doesn’t starts at the right time or the plan isn’t right. After the young children are done with heir education, their opportunities are bleak and carers are worrisome about their prospects in the future. They will also be impacted by this transition phase as their life pattern changes and they would perhaps have to spend more time with the disabled individual and wouldn’t have time for themselves. Many families have bad experiences with the transition phase and they may not have the finance to support the individual especially after their education is complete and now they need to provide additional funds for additional services. The transition process was included in the 1996 Education Act. The assessment of the individual begins from school and their social service or community needs are laid out and they should be implanted once the person is about to finish education and community care takes care of children after 18 if need be as per the ‘Community Care Act’ on 1990. [Lea98] The plan leads to the young person having a better future and for their families as well. Another Act called the Learning and Skills Act of 2000 also allows for a review of the 16 year old individual and a report is made. All this is done to ensure that the young adult with disabilities is able to derive the fullest from life. [Noe96] People with disabilities also have the same right to citizenship as others in the community and the ‘Equality Legislation’ ensures that this is followed. In 2005, the initiative of ‘Improving the Life Chances of Disabled People’ laid out a 20 year plan so that the disabled people were given the opportunity to lead a good quality and relatively independent life and was included in the society. There are several rights bestowed upon these individuals. However due to many reasons, they are denied these rights and there continues to be bias against them in society. Therefore there has been passed an Act in 1995 called the ‘The Disability Discrimination Act’ and it has been extended further by the Act of 2001, ‘Special Educational Needs and Disability Act’ so that these people have the right to get employment, education and other assets and facilities that are available to other members of society. The government has now included an Equality Bill in order to give clarity to society and disabled individuals about their rights and their responsibility in Society. This helps society become a single unit and gives equal opportunity to everyone in society. One case of discrimination led to the father taking the case against the employer to the court in 2008 called the ‘Coleman-Attridge case’ and the carers would also be protected from discrimination in further bills. There is also a certain difference in the decision making process of those who do not have the apt mental capacity. The Act of 2005, the Mental Capacity Act has lead to a process being laid out for them. [Sal03] The person is first considered to be capable to make the decision and if it is assessed that they are unable to make a decision then the person who has their best interest would be consulted to make the best decision for them. Family carers would also be included and consulted in these matters of decision making. [Cha05] Advocacy allows the individuals to be fairly represented and have someone on their side that speaks for them and understands their needs. There are many policies and many laws for and against the topics aforementioned, and there is always a question of what is the best way to take care of disabled people or how to get the right support, however this is an ongoing debate and people who experience these situations firsthand should be taken into consideration when making decisions about what should be done about people with learning disabilities. [Ian06] References Lin98: , (Shin, 1998), Noe09: , (Gregg, 2009), Joa99: , (Shapiro & Rich, 1999), San98: , (Kerka & ERIC Clearinghouse on Adult, 1998), Hen04: , (Kim, 2004), Gin87: , (Blalock, et al., 1987), Ste06: , (Carnaby & Cambridge, 2006), HLe03: , (Swanson, et al., 2003), Ber98: , (Wong, 1998), Sus98: , (Vogel & Reder, 1998), Joa991: , (Shapiro & Rich, 1999), Ass89: , (Disabilities. & America., 1989), Nat95: , ((U.S.) & (U.S., 1995), Lea91: , (Canada., 1991), Lea96: , (America., 1996), Lea98: , (Learning Disabilities Association (Minneapolis & Security., 1998), Noe96: , (Gregg, et al., 1996), Sal03: , (Hodges & Sheppard, 2003), Cha05: , (Henley, 2005), Ian06: , (Peate & Fearns, 2006), Read More