British Sign Language (Scotland) Act 2015 - recommendations: SG response

15. Healthcare

15.1 Recommendation 31 & 32/paragraph 128-129

Paragraph 128: The Committee considers that the current levels of health service provision for BSL users is inadequate, particularly in respect of mental health services. Given the similarities in concerns raised in relation to health services when compared to education and justice, the Committee reiterates its recommendations above and invites the Scottish Government to set out actions it will take to:

• Alert emergency services to the fact that a caller is Deaf to enable translation support to be put in place, both in emergency situations and for planned appointments, particularly in respect of mental health services.
• Ensure that greater numbers of Deaf BSL users have opportunities to become healthcare professionals.
• Educate medical professionals on attitudes to interventions such as cochlear implants within the Deaf community and the importance of Deaf identity.

Paragraph 129: The Committee also invites the Scottish Government to set out what steps it will take to increase knowledge and understanding of tactile BSL among medical practitioners, particularly in fields such as audiology.

15.1.1 Decision

Partially accept

15.1.2 Scottish Government Response

Operational matters – including staff training are in the first instance the responsibility of the public sector employer. We expect public sector employers including Health Boards to undertake their own impact assessments where necessary, and to comply with the Scottish Specific Duties which aim to enable better performance of the Public Sector Equality Duty in Scotland. We expect employers to plan and provide safe, effective, inclusive and high-quality care, in line with their statutory service provision and workforce planning responsibilities. It is the role of employers, to ensure that their employees, including agency staff, have undertaken the necessary mandatory and essential training.

The Scottish Government published an Equalities Impact Assessment (EQIA) alongside the Mental Health and Wellbeing Workforce Action Plan. This helped us identify and inform the actions we needed to address inequalities in the mental health and wellbeing workforce. Actions are designed to improve the diversity of the workforce, encourage and promote inclusive workplace practices and ensure the workforce have the right skills to meet the needs of the people of Scotland. This specifically included an action on promoting BSL resources.

Through the Mental Health and Wellbeing Workforce Education and Training Advisory Group a new Mental health and wellbeing learning page been developed, and is hosted on the NHS’ TURAS website, to signpost people to education resources associated with mental health and wellbeing.

This first iteration will be further developed and improved following feedback from stakeholders, workforce volunteers and carers. TURAS offers a range of resources on communication and BSL. A key entry point to unscheduled and urgent care is NHS 24’s Mental Health Hub which is accessible through the 111 service. The Hub enables BSL users to use the free BSL interpreting video relay service Contact Scotland BSL and also enables textphone users to access the service through a dedicated number or the Relay UK app.

On employment of BSL users in the NHS – again this is the responsibility of the public sector employer (specifically health boards in this instance). To support this, the Scottish Government published the NHS Health Workforce Policy on Reasonable Adjustments in August this year.

Health is one the key priority themes that will be developed with the BSL National Plan Implementation Advisory Group during the lifecycle of the plan, ensuring that we are responsive to key issues and barriers BSL users face in healthcare.

15.2 Recommendation 33/paragraph 130

The Committee also invites the Scottish Government to respond to concerns raised by BDA Scotland and the ALLIANCE about the need for a robust approach to ensuring that older Deaf BSL users have access to appropriate services and care packages where appropriate.

15.2.1 Decision

Partially accept

15.2.2 Scottish Government Response

In December 2022, the Scottish Government and COSLA issued an updated joint statement of intent outlining how they will continue to work together to deliver key commitments in response to the Independent Review of Adult Social Care in Scotland. This continuing work is important as it is local authorities and not Scottish Government who commission Social Care.

The Scottish Government relaunched the Support in the Right Direction (SiRD) Programme in April 2024, committing £9.9 million to support its delivery over the next three years (2024-2027).

The SiRD programme provides local independent support, advice and advocacy to people who need social care, so they understand the Self Directed Support (SDS) options and are able to choose the support which best meets their individual needs.

This multi-year funding agreement provides much needed reassurance and stability to supported people across Scotland, as well as to the third sector organisations providing these services.

In the BSL National Plan 2023-29 there is an action centred around involvement of BSL users with the development and implementation of the National Care Service. While proposals for structural NCS reform were ultimately not supported by Parliament or local government, the Scottish Government remains committed to achieving the scale of improvement that the Feeley Review said was necessary.

To support the involvement of BSL users, we promote the use of Contact Scotland BSL for communication during the application process to join the Lived Experience Experts Panel (LEEP). We have a number of organisations on our NCS Stakeholder Register who provide support for Deaf people. We share our monthly newsletter with them, which includes co-design opportunities for LEEP members, and they forward to their BSL users. As part of the registration process, we ask LEEP members to share accessibility needs and language preferences. This helps us to recruit participants for particular activities and identify gaps in diversity so we can increase engagement.

We worked with BDA Scotland to carry out a co-design project which included seeking input from 3 Deaf Clubs and an online group of BSL users relating to the National Care Service Charter of Rights. We will use the findings to inform the final content and design of the Charter

Through the Co-design Partnership Programme, we are currently running a number of participation sessions with Deafblind Scotland which will include engagement with BSL users.

15.3 Recommendation 34/paragraph 131

Finally, the Committee invites the Scottish Government to respond to the Alliance’s comments around the likelihood of increasing numbers of Deafblind people and its calls for an increase in numbers of social workers for the Deaf.

15.3.1 Decision

Partially accept

15.3.2 Scottish Government Response

Funding of social work services lies with local authorities who will often contract specialist social work services for people with sensory impairment, including BSL users, as local demand requires.

We know there are systemic challenges affecting social work and recognise the need to support the workforce. We will, therefore, establish the National Social Work Agency (NSWA) by spring 2026. The NSWA will be an executive agency of the Scottish Government and be accountable to Scottish Ministers. The NSWA will seek to raise the profile and strengthen the cohesion of the profession, drive change and continuous improvement in social work education and learning, ensure Scotland has a national approach to the numbers of social workers needed now and, in the future, support implementation of national policy.