Publication - Consultation paper

United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) The Scottish Government's Draft Delivery Plan (2016-2020) - Consultation

Published: 8 Sep 2015
Part of:
Communities and third sector
ISBN:
9781785446160

This draft plan sets out our aim to removing barriers and enabling disabled people to enjoy equal access to citizenship. Over 50 commitments will help us deliver the four outcomes and three cross cutting themes that will bring about change to disabled people. We will consider the views of disabled people on this approach and finalise our plan in spring 2016

Contents
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) The Scottish Government's Draft Delivery Plan (2016-2020) - Consultation
2. Outcomes and commitments

2. Outcomes and commitments

This draft delivery plan divides the UNCRPD articles into four outcomes which means the results we want to achieve. These outcomes are based on the best available research and evidence. They were agreed in co-production with Disabled People's Organisations, public authorities and service providers working together to promote independent living for disabled people in Scotland.

The four outcomes

The Scottish Government wants a Scotland where disabled people, including disabled children, have equal and inclusive access to:

1. The physical and cultural environment, transport and suitable, affordable housing

2. Healthcare provision and support for independent living. Disabled people will have control over the best use of resources. There will be good quality support for disabled children.

3. Education, paid employment and an appropriate income and support whether in or out of work

4. The justice system without fear of being unfairly judged or punished, and with protection of personal and private rights.

Themes or ways of working

Supporting these four key outcomes will be three ways of working which we must include in the work we do. They will help us deliver the change that we want to see in of the outcomes. The ways of working are:

5. Disabled people are empowered to participate fully

6. Communication is inclusive and is accessible

7. The barriers facing disabled people are known, understood and addressed

CONSULTATION QUESTIONS

If you want to respond to the consultation, please follow the instructions at the start of this summary document.

Q1: Do you agree or disagree that together these four outcomes cover the key areas of life the Scottish Government and its partners must focus on to achieve the rights of disabled people?

Agree □ Disagree □ Neither agree nor disagree □

Q2: Do you have any comments on the outcomes?

Background to developing the commitments

We hosted a "Disability Symposium" in March last year to discuss how we would develop this draft delivery plan, to explore priority action areas and encourage the active involvement of the disability sector. We also held a series of events co-produced with other organisations for senior Scottish Government policy officials with responsibility for specific UNCRPD articles.

We have funded disability-led organisations to make sure that a wide range of disabled people could have their say on the draft delivery plan.

These commitments have been produced by the Scottish Government. The focus of this consultation is just on the commitments. It provides an opportunity for disabled people and others to comment on whether they think the commitments will help us achieve the four outcomes we have set out.

The commitments will help us to implement disabled people's rights in for the following articles in the UNCRPD.

The relevant UNCRPD Articles:

  • Article 5 - Equality and non-discrimination
  • Article 6 - Disabled women
  • Article 7 - Disabled children
  • Article 8 - Awareness-raising
  • Article 9 - Accessibility
  • Article 12 - Equal recognition before the law
  • Article 13 - Access to justice
  • Article 14 - Liberty and Security of the Person
  • Article 16 - Freedom from exploitation, violence and abuse
  • Article 17 - Protecting the integrity of the person
  • Article 18 - Freedom of movement and nationality
  • Article 19 - Living independently and being included in the community
  • Article 20 - Personal mobility
  • Article 21 - Freedom of expression and opinion, and access to information
  • Article 23 - Respect for the home and family
  • Article 24 - Education
  • Article 25 - Health
  • Article 26 - Habilitation and rehabilitation
  • Article 27 - Work and employment
  • Article 28 - Adequate standard of living and social protection
  • Article 29 - Participation in political and public life
  • Article 30 - Participation in cultural life, recreation, leisure and sport
  • Article 31 - Statistics and data collection.

Environment, Transport & Housing

Outcome 1: Equal and inclusive access to the physical and cultural environment, transport and suitable, affordable housing

Key objectives

We want to see a Scotland where there is:

  • Greater involvement by disabled people in designing services
  • Increased understanding of disabled people's needs
  • Equal choice over housing, transport, services and facilities
  • More participation of disabled people in society

Where we want to be

We want to create a society where disabled people have equal access to housing, transport and services. This will be achieved by actively involving disabled people in service planning and design, so that their needs are properly understood and met.

The Scottish Government's commitment to Scotland's disabled people:

Transport

1. Transport Accessibility - Transport Scotland has been engaging with DPOs, policy colleagues, transport providers and local authorities to discuss issues raised by disabled people. The issues will be taken forward by a steering group in a Plan for Accessible Travel. (2016 ongoing)

Planning and Architecture

2. Design for Ageing - The Scottish Government will consider if there should be research into how the rising numbers of older people will have an effect on design and planning and if this may also have a positive effect for disabled people. (2016)
3. Raising Awareness of Accessible Design - The Scottish Awards for Quality in Planning take place each year. Next year, the judging will look at accessibility for disabled people. (2016)

Building Standards

4. Homes which are more accessible - by working with house builders and the local authority who check that companies work to building standards, concessions for sites where there have been long drawn-out development will stop, and homes will be more accessible and will be built to more recent standards. (2016)

Housing and Independent Living

5. Accessible Housing - The Scottish Government will look more closely at the issues raised by DPOs about the availability of accessible housing for disabled people in the existing planning system, and consider what further actions may be necessary. (2016)

Tourism and Business

6. A new help guide on accessible design will be published for the 2016 Year of Innovation, Architecture & Design. This guide will help architects design accessible buildings which fully meet the needs of disabled people.
7. A new help guide to create more accessible websites to assist tourism businesses will be provided helping businesses show what they can do for disabled visitors.
8. A new help guide setting out key accessibility hints and tips to meet the needs of disabled people attending events will be developed for tourism businesses and visitor attractions. (2016)
9. Access Statement online Tool Builder for tourism businesses will be updated.

Culture

10. Creative Scotland is widening access and increasing opportunities for disabled people to engage in culture and heritage and the arts. Creative Scotland is carrying out a review.
11. Recording and reporting of workforce diversity information to improve the evidence collected and measure the success of policies. (2017)
12. Improving access to historic buildings, monuments and collections including online access to collections, services and community programmes. (2016-19)

Sport and Physical Activity

13. Disability Inclusion in Sport. Disabled people will have greater opportunities to participate in sport as a new parasport centre will be built in Inverclyde. (opens in 2016)
14. An action Plan for disabled people. We will work with sportscotland and disabled people to promote disabled people's participation at all levels of sports and physical activity. (2016-2019)
15. sportscotland will make sure that the needs of disabled people and athletes are dealt with by investment in major national and international sporting events. (Ongoing)

Awareness raising Campaign

16. One Scotland Campaign a future phase will focus on raising awareness of the barriers that disabled people face in society.

CONSULTATION QUESTIONS

If you want to respond to the consultation, please follow the instructions at the start of this summary document.

Q3. Do you agree or disagree that the commitments (1-16) described above will help the Scottish Government make progress towards outcome 1

Agree □ Disagree □ Neither agree nor disagree □

Q4: Would you like to comment on these commitments?

Q5: Is there anything else that could be added to the commitments? If yes, what do you suggest?

Health, Support and Disabled Children

2.2 Outcome 2

Equal and inclusive access to healthcare and support for independent living, with personal control over the best use of resources, including support for disabled children.

Key objectives

We want to see a Scotland where there is:

  • More support for independent living for all disabled people who will have more say about how their support will be managed and provided
  • Health, social care and other support services working together to remove the barriers faced by all disabled people
  • Increased opportunities for disabled people to be involved in community development and service delivery

Where we want to be

The Scottish Government wants to shape a joined-up health and support system that has independent living at its core. This system will value what disabled people say and actively create opportunities for involvement in the design and delivery of services.

The Scottish Government's commitment to Scotland's disabled people:

Health: Care, Support and Rights

17. Health inequalities of people with learning disabilities data collection. Research has indicated that people with learning disabilities die younger than other people and this can be stopped. Data collected will be used in the development of NHS action plans to improve health services. (2016-2017)
18. Advocacy will be developed for people with learning disabilities so that their voices are heard. (2016-2017)
19. The new framework for Hearing the Citizen Voice - the Scottish Government will put into place this framework which will work across health and social care. The Citizen Voice Hub, Gathering Stories and a Citizens Panel will add value at all levels supporting improvement and empowering people to be equal partners in their care by the end of 2017. (2016-2017)

Integration of Health and Social Care

20. Routes to Inclusion - "Engaging disabled people and their organisations" is funded by the Scottish Government for engagement between disabled people, their organisations, Third Sector Interfaces and Integration Partnerships. It will give evidence of how disabled people can fully participate in locality and strategic planning groups.
21. Allied Health Professionals - an updated delivery plan will aim to find new ways to help people with illness, disability or injury lead healthy lives and stay in their own homes. Three advisers will be appointed for Scotland and we will hold events with the NHS Scotland and others involved including disabled people.
22. NHS Disabled Graduates - a two year internship will be developed with the NHS Scotland and the Glasgow Centre for Inclusive Living Equality Academy (2016-2018)
23. Learning Disability Employment Programme will be taken forward by the Scottish Government and the NHS Scotland with tools and guidance to increase the number of people with learning disabilities employed by Health Boards. (2106)
24. Disability Inclusion Promotional Campaign - we will raise awareness of disability inclusion through a promotional campaign with NHS Scotland Human Resource leads, service managers and staff. (2016)
25. Equality and Human Rights in NHS Scotland - The Scottish Government will measure the compliance of NHS Boards on equality diversity and human rights in the NHS Scotland.

Children's Rights and Wellbeing

26. The Children and Young People (Scotland) Act 2014 means Scottish Ministers have a duty to think about what they are doing to comply with the UN Convention on the Rights of the Child (UNCRC).
From June 2015, the Scottish Government is using the Child Rights and Wellbeing Impact Assessment (CRWIA) in the development of all policies and services that affect children. This will improve participation and engagement with children and young people including those who are disabled.
27. Funding for Projects to support disabled children and their families will be through a new early intervention fund. The Disabled Children and Young People Advisory Group (DCYPAG) will continue to advise Ministers with a particular focus on the implementation of the Children and Young People (Scotland) Act 2014.
28. Information hub - The Scottish Government will start to develop better information for parents and carers of disabled children and young people by finding out what information they need. (2016 and ongoing)
29. Transitions Test of Change Project. This will evaluate the benefit of extending the GIRFEC principals, including the named person service, into adult services. This will help with transitions services from child to adult. (2016 ongoing)
30. Child Internet Safety stakeholder group will consider disabled children's perspectives. (2016 ongoing)

Mental Health Legislation

31. Learning disabilities and autism spectrum disorders - the Scottish Government will review the inclusion of people with learning disabilities or autistic spectrum disorders under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Adults with Incapacity Act

32. Deprivation of Liberty - we will consult with the Scottish Law Commissions review on the compliance of article 5 of the European Convention of Human Rights and we will review the Adults with Incapacity legislation.
33. Article 12 of UNCRPD - the Scottish Government will review policies on guardianship and consider where supported decision making can be promoted.

Care and Justice

34. An integrated children's rights and equalities impact assessment for the Scottish Children's Reporter Administration is a rights focus to key decisions and will be rolled out to national and local decision makers within the hearings system. (2016)
35. Improving the support for "all looked after" children, including disabled children through an improved learning and development framework for foster carers. Foster carers will have more awareness of learning and development opportunities including those to support them to care for disabled children in their care.

CONSULTATION QUESTIONS

If you want to respond to the consultation, please follow the instructions at the start of this summary document.

Q6: Do you agree or disagree that the commitments (17-35) described above will help the Scottish Government make progress towards outcome 2?

Agree □ Disagree □ Neither agree nor disagree □

Q7: Would you like to comment on these commitments?

Q8: Is there anything else that could be added to the commitments? If yes, what do you suggest?

Education, Employment and Income

2.3 Outcome 3

Equal and inclusive access to education, employment and an appropriate income whether in or out of work

Key objectives

The Scottish Government wants to see

  • Equal opportunities for disabled people within education and employment.
  • Greater awareness and understanding amongst employers and educators of (barriers faced by disabled people).
  • Benefits that meet the additional living and mobility costs for people with an impairment, disability or illness.

Where we want to be

The Scottish Government wants disabled people to have the same opportunities as everyone else in education and employment to learn and train, take up further and higher education if they choose, get a job in the profession they choose and to feel valued at work and have a suitable income.

The Scottish Government's commitment to Scotland's disabled people:

Additional Support for Learning

36. Continued commitment to implement additional support for learning with stakeholders on the Advisory Group for Additional Support for Learning. Children will be able to directly influence the additional support that is provided for them. (Ongoing and reviewed annually)

Strategy and Performance

37. Anti-Bullying - the Scottish Government will continue to support Scotland's national anti-bullying service respectme. They will review and develop the National Approach to Anti-bullying for Scotland's Children and Young People. A priority for this service will be to look at bullying based on the protected characteristics, including disability.

Youth and Adult Employability and Skills Development

38. Overarching commitment from Fair Work Directorate - the Scottish Government's aim is that disabled people, including young disabled people, get the opportunities and support they need to progress towards, enter and keep employment suitable to their needs and skills.
39. Developing the Young Workforce - the Scottish Government will invest
£16.6 million to deliver our commitments to Scotlands Youth Employment Strategy. The will reduce inequality and improve learning options for young people, including young disabled people prepare for work. We are also investing a further £16.3 million to support young people, including young disabled people with barriers to accessing work in the third sector and with small employers. In particular we will increase the take up of modern apprenticeships by young disabled people.
40. Supported Employment Model - the Scottish Government will continue to support and promote this model for disabled people to learn on the job with support from colleagues and a job coach. We have developed a Personal Development Award and are working with partners, including local authorities, to promote using this to increase the quality of the workforce and delivery of supported employment.
41. Supported Businesses - These are businesses where at least 30% of the staff are disabled. About 20 of these employ 600 people. Supported businesses will be offered support for start up and to look at their ability to continue.
42. Establishment of a Fair Work Convention - This is an independent body supported by the Scottish Government which provides advice on how workplaces can be made fairer and more productive. It will provide a practical plan for promoting a new kind of partnership between employers, employees and trade unions, public bodies and the Scottish Government. (ongoing until 2020)
43. Disability Employment Services in Scotland -The Smith Commission recommended that the Scottish Parliament should have all the powers over support for unemployed people that are contracted out by the DWP. This includes specialist employment services which may need to be in place by 1 April 2017.
44. Scottish Government ministers are committed to make sure that flexible and integrated support is put in place to support individuals with particular needs, including disabled people into work. A consultation will be launched in July 2017 (2017 onwards)

Employment Tribunals

45. The Scottish Government will abolish fees for employment tribunals and will consult with disabled people and their organisations to identify the particular barriers that disabled people face when raising a claim at an Employment Tribunal (2016)

Social Justice and Regeneration

46. Disability Benefits Advocacy Support - the Scottish Government will fund the Health and Social Care Alliance (The ALLIANCE) to co-produce an advocacy project in four pilot areas. It will focus on disabled people and those with health conditions who are being assessed for welfare benefits including Employment Support Allowance (ESA) and Personal Independence Payment (PIP) (2016)

Reform of local taxation

47. Future reform of local taxation will take into account the particular needs expressed by disabled people.

Social Security Policy and Delivery

48. Social Security for Disabled People - the Scottish Government will have an engagement and participation programme with disabled people and organisations that will be affected by the new social security powers through the Scotland Bill. We are committed to establishing a social security system that treats people with dignity and respect. We will co-produce policy and delivery options. (2016-17)

CONSULTATION QUESTIONS

If you want to respond to the consultation, please follow the instructions at the start of this summary document.

Q9: Do you agree or disagree that the commitments (36-48) described above will help the Scottish Government make progress towards outcome 3?

Agree □ Disagree □ Neither agree nor disagree □

Q10: Would you like to comment on these commitments?

Q11: Is there anything else that could be added to the commitments? If yes, what do you suggest?

Justice

2.4 Outcome 4

Equal and inclusive access to the justice system without fear of being unfairly judged or punished, and with protection of personal and private rights

Key objectives

We want to see a Scotland where:

  • Disabled people can report a crime or discrimination without fear of being unfairly judged or punished in any way

Disabled people are treated as equal citizens within the justice system, whether as the victim or the person who is committing the crime.

Where we want to be

Disabled people have the same rights as everyone else - including the rights to a fully accessible justice system that promotes fairness and equality for all.

The Scottish Government needs to consider the physical environment, advocacy and support, information and advice, and communication support.

The Scottish Government's commitment to Scotland's disabled people:

Civil Law and Legal System

49. Review of legal aid contributions for disabled people - The Scottish Government will work with partners to identify negative impacts on disabled people of the current legal aid framework and will look at possible changes. (2016 onwards)

Criminal Justice

50. Encourage reporting of hate crimes against disabled people - The seven main criminal justice organisations have committed to work together for future publicity campaigns and to encourage disabled people to report hate crimes and provide reassurance that these reports will be taken seriously. (2016 onwards)
51. Accessible information - the seven main criminal justice organisations will publish their most important pieces of information and their publication in alternative formats. An online secure website will be developed to provide case information for victims and witnesses. (2016 onwards)
52. Accessibility of sites and services - the seven main criminal justice organisations will do site audits of their buildings to identify any physical access barriers. This information will be available on each organisation's website. (2016 onwards)

Disability Hate Crime

53. The Scottish Government will work with a local authority to do a pilot project on preventing and removing disability hate crime from society. Lessons learned will inform practice in other parts of Scotland. (2016-2020)

Violence against disabled women and girls

54. The Scottish Government will engage with disabled people's organisations to explore the extent of violence against disabled women and girls in the context of Equally Safe - Scotland's strategy to prevent and remove from society all forms of violence against women.

CONSULTATION QUESTIONS

If you want to respond to the consultation, please follow the instructions at the start of this summary document.

Q12: Do you agree or disagree that the commitments (49-54) described above will help the Scottish Government make progress towards outcome 4?

Agree □ Disagree □ Neither agree nor disagree □

Q13: If you would like to comment on these commitments please do so. If not skip to the next question.

Q14: Is there anything else that could be added to the commitments? If yes, what do you suggest?


Contact

Email: Catherine Hewit