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. About the outcomes and commitments

2. About the outcomes and commitments

This draft delivery plan groups the UNCRPD articles into four outcomes. These outcomes are based on the best available research and evidence and 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

We want to live in a Scotland where disabled people have equal and inclusive communication and access to:

  • The physical and cultural environment, transport and suitable, affordable housing.
  • Healthcare provision and support for independent living, with control over the best use of resources, including support for disabled children.
  • Education, paid employment and an appropriate income and support whether in or out of work.
  • The justice system without fear of being unfairly judged or punished, and with protection of personal and private rights.

Themes

Section 3 of the delivery plan outlines three 'cross-cutting' themes - which are ways of working - and which will support each of the outcomes to deliver change. The themes are:

  • Disabled people are empowered to participate fully.
  • Communication is accessible and inclusive of all.
  • The barriers facing disabled people are known, understood and addressed.

CONSULTATION QUESTIONS

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: Please comment here on your response above, or if you have any other comments on the outcomes

How we developed the commitments

The commitments set out in this draft delivery plan are how the Scottish Government will deliver the outcomes and the UNCRPD articles that are relevant and fit with each outcome. The commitments are for the Scottish Government to deliver, but many have been developed with input from a wide range of partners. While this section focuses on new commitments, there is a wealth of existing work being carried out across the Scottish Government[6].

Our approach to developing commitments was agreed with Disabled People's Organisations, who provided support to key policy directorates to help raise awareness of the UNCRPD, and to provide advice on disabled people's priorities and solutions. This process included:

  • Hosting a Disability Symposium in March 2014 to discuss the Scottish Government's approach to developing this delivery plan, to explore priority areas for action and encourage the active involvement of the disability sector.
  • A series of tailored seminars throughout summer 2014 with senior Scottish Government policy officials with responsibility for specific UNCRPD articles. These were co-produced with Disabled People's Organisations, the Equality and Human Rights Commission and the Scottish Human Rights Commission.
  • Working with Disabled People's Organisations and the Human Rights Commissions to gather, analyse and share information about disabled people's priorities to inform the commitments.
  • Funding disability-led organisations to make sure that a wide range of disabled people are supported to contribute to the development of the delivery plan.

The commitments themselves have been produced by the Scottish Government. The focus of the consultation is on the commitments and this provides an opportunity for disabled people and their organisations, and a wide range of delivery partners to comment on whether they think these will help us achieve the four outcomes that the Scottish Government has set out.

The commitments are set out in the next section together with the relevant consultation questions.

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

2.1 Outcome 1 - Environment, Transport and Housing

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.

UNCRPD articles
These key objectives fit well with 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 18 - Liberty 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 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

Where we want to be

The Scottish Government wants 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.

Our commitment to Scotland's disabled people:

Transport

1. Transport Accessibility - Transport Scotland has been engaging with Disabled People's Organisations, policy colleagues, transport providers and local government to discuss issues raised by disabled people on the accessibility of door to door journeys in Scotland. The issues will be taken forward in a Plan for Accessible Travel as agreed between all the above mentioned parties.

The engagement will continue and a steering group has been set up to agree, manage and monitor the plan. Setting up such a group which involves disabled people, was one of the key priorities for disabled people. (2016 ongoing)

Planning and Architecture

2. Design for Ageing - the Scottish Government will consider the scope for research into the impact of demographic change and an ageing population on design and planning and how this may also potentially positively affect disabled people. (2016)

3. Raising Awareness of Accessible Design - the Scottish Government runs the Scottish Awards for Quality in planning each year. The awards are in six categories and for the 2016 Awards, the judging criteria will be amended to promote good practice in accessible design in both buildings and the public realm. (2016)

Building Standards

4. Homes which are more accessible - through engagement with house builders and local authority building standards verifiers, concessions for sites where development has become protracted will cease, and homes will be built to more recent standards and will be more accessible. (until 2016-17)

Housing and Independent Living

5. Accessible Housing - the Scottish Government will consider in greater depth the issues raised by DPOs about the availability of accessible housing for disabled people within the existing planning system, and consider what further actions may be necessary. We will discuss with local authorities, social landlords, third sector organisations and other policy areas of the Scottish Government. (2016 ongoing)

Tourism and Business

6. A new help guide aimed at boosting accessible design will be published creating a legacy for the 2016 Year of Innovation, Architecture & Design. Working in partnership with VisitScotland and architectural bodies, the guide will help architects design accessible buildings which fully meet the needs of disabled people.

7. A new help guide to assist tourism businesses - to create more innovative and accessible websites will be provided, celebrating the 2016 Year of Innovation, Architecture and Design, helping businesses showcase their offer to disabled visitors.

8. A new help guide setting out key accessibility hints and tips to meet the needs of disabled people attending events in 2015 and beyond will be provided to celebrate the 2015 Year of Food and Drink. The guide will focus on tourism businesses and visitor attractions. (2016)

9. Access Statement online Tool Builder - a refresh of the current tool will be undertaken to re-design a more IT-based version that enables tourism businesses to build online and maximise the use of modern technology. This will support both the consumer and the tourism/events industries and boost the 2016 Year of innovation, Architecture & Design as part of the wider Accessible Tourism project.

Culture

10. Widening access and increasing opportunities for disabled people to engage in culture and heritage and the arts - Creative Scotland is undertaking a wide-ranging review of equalities, diversity and inclusion in the arts, screen and creative industries. The findings of this review will be used to inform all areas of Creative Scotland's work. It complements significant programmes which are helping more people, including disabled people take part in the arts, as professional artists and performers, participants or audience members. (2016)

11. Recording and reporting of workforce diversity information - a project is being undertaken to improve the recording and reporting of workforce diversity information to improve the evidence base and measure the success of policies. A new Non Departmental Public Body called Historic Environment Scotland (HES) will take over the responsibilities of Historic Scotland and the Royal Commission on Ancient and Historic Monuments of Scotland on 1 October 2015. (2017)

12. Improving access to the historic environment and collections relating to the historic environment - including improving access to HES buildings and monuments and improving online access to its collections, services and outreach and community engagement programmes. (2016-19)

Sport and Physical Activity

13. Disability Inclusion in Sport - disabled people will have greater opportunities to participate in sport as funding of £6 million has been committed towards a new para-sport facility in Inverclyde. (opens in 2016)

14. An Action Plan for disabled people - In our commitment to equality, the Scottish Government and Sportscotland will work with disabled people to develop an action plan on existing initiatives to promote disabled people's participation at all levels of sport and physical activity. (2016-19)

15. sportscotland - the national agency for Sport will ensure that the needs of disabled people and athletes are addressed through investment to Scottish Disability Sport, Active Schools Network, the 2016 Rio Olympic Games, the 2018 Pyeongchang Winter Olympics and Gold Coast Commonwealth Games.

Awareness-raising campaign

16. A future phase of the One Scotland Campaign will focus on raising awareness of the barriers that disabled people face in society (2017).

CONSULTATION QUESTIONS

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

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: If you would like to make specific comments on any of the commitments intended to contribute to achieving outcome 1, please do so here. If not please skip to next question.

(Please refer to Section 2.1 for fuller descriptions of the commitments)

Commitment (outcome 1) Comment
1. Transport accessibility
2. Design for Ageing
3. Raising awareness of accessible design
4. Homes which are more accessible
5. Accessible housing
6. A new help guide aimed at boosting accessible design
7. A new help guide to assist tourism businesses
8. A new help guide setting out key accessibility hints and tips
9. Access statement online tool builder
10. Widening access and increasing opportunities for disabled people to engage in culture, heritage and the arts
11. Recording and reporting of workforce diversity information
12. Improving access to the historic environment and collections relating to the historic environment
13. Disability Inclusion in Sport
14. Action plan to promote disabled people's participation in sport and physical activity
15. sportscotland investments
16. One Scotland awareness-raising campaign

Q5: Are there any additional commitments and/or ways that you would strengthen the outcome 1 commitments that you have not already mentioned in any comments above?

Outcome 2: Equal and inclusive access to healthcare provision and support for independent living, with control over the best use of resources and support for disabled children and young people

2.2 Outcome 2 - Health, Support and Disabled Children and Young People

Equal and inclusive access to healthcare provision and support for independent living, with 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 disabled people, including disabled children and young people, with more say over how that support will be managed and provided.
  • Health, social care and other support services working together to remove the barriers faced by disabled people including disabled children.
  • Increased opportunities for disabled people to influence community development and service delivery.

UNCRPD articles

These key objectives fit well with 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 17 - Protecting the integrity of the person
  • Article 18 - Liberty 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 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

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; a system that values the input of disabled people and actively creates opportunities for involvement in the design and delivery of services.

Our 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 and this can be avoided. The Scottish Government will work with partners to support the use of the data in the development of NHS action plans to improve health services. These plans will help NHS Boards to identify what people with learning disabilities need and address the health inequalities to reduce early mortality. (2016-17)

18. Advocacy - the Scottish Government will work in partnership with advocacy partners to ensure the voice of people with learning disabilities is heard. (2016-17)

19. The New framework for Hearing the Citizen Voice - the Scottish Government will implement this new framework which will operate across health and social care. Tests of Change, Citizen Voice Hub, Gathering Stories and a Citizens Panel will add value at individual, local and national level, supporting improvement and empowering people to be equal partners in their care. By the end of 2017 we will have systems and processes at local and national level for involving people in improving services and evidence to support this citizen participation. (2016-17)

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 show through evidence how disabled people can fully participate in locality and strategic planning groups. (2016)

Allied Health Professionals and Independent Living

21. A two-year Active and Independent Living Improvement Programme will include an updated delivery plan for Allied Health Professionals (AHPs). It aims to find new and innovative ways to help people with illness, disability or injury to lead healthy lives and stay in their own homes. Three improvement advisors will be appointed to ensure best practice is adopted throughout Scotland. The Scottish Government will hold engagement events - which will include the national conversation - throughout Scotland with NHS Health Board AHP Directors and the public, social care, justice, housing and the third sector. (2017-20)

NHS Disabled Graduates

22. The Scottish Government will introduce a two-year internship for disabled graduates in partnership with the NHSScotland and Glasgow Centre for Inclusive Living Equality Academy. (2016-18)

Learning Disability Employment Programme

23. The Scottish Government will take forward plans to develop a NHSScotland Learning Disability Employment Programme with tools and guidance to support Health Boards to increase the number of people with learning disabilities employed with them. (2016)

Disability Inclusion Promotional Campaign

24. We will raise awareness through a promotional campaign to NHSScotland Human Resource leads, service managers and staff on the range of organisations and expertise available to provide advice and good practice on disability inclusion. The Business Disability Forum will be an example of where awareness will be promoted. (2016)

Equality and Human Rights in NHSScotland

25. The Scottish Government will measure the compliance of NHS Boards on embracing equality diversity and human rights in the NHS in Scotland, linking it to Scotland's National Action Plan for Human Rights (SNAP). (2016)

Children's Rights and Wellbeing

26. The Children and Young People (Scotland) Act 2014 requires Scottish Ministers to consider what they are doing to comply with the UN Convention on the Rights of the Child (UNCRC). This is a significant milestone for children's rights in Scotland. 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. CRWIA supports improved participation and engagement with children and young people including those who are disabled, so that their views and experiences can inform policies.

27. Funding for projects to support disabled children and their families - applications are being made as part of a new children and families early intervention fund for 2017-20. The Disabled Children and Young People Advisory Group (DCYPAG) will continue to advise Ministers on policies relating to disabled children and their families, with a particular focus on the implementation of the Children and Young People (Scotland) Act 2014.

28. Information Hub - parents and carers of disabled children and young people often struggle to find the information that they need about their rights, support services, health and benefits. The Scottish Government will start to develop better information by finding out what the information needs of disabled children and their families are and presenting proposals for implementation 2016 onwards. (2016 ongoing)

29. Transitions Test of Change Project - a small-scale test of change will be developed to evaluate the benefit of extending the GIRFEC principles, including the 'named person' service into adult services. This will particularly help with transitions from child to adult services. (2016 ongoing)

30. Child Internet Safety Stakeholder Group - will consider disabled children's perspectives (2016 and 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. The Scottish Government will consult on the Scottish Law Commissions review of the Adults with Incapacity Act on its compliance with Article 5 of the European Commission on Human Rights with European Convention on Human Rights, specifically in relation to Deprivation of Liberty. A scoping exercise will follow in relation to a wider review of the Adults with Incapacity legislation.

33. The Scottish Government will review policies on guardianship and consider circumstances in which supported decision making can be promoted, in line with principles of article 12 of the UNCRPD.

Care and Justice: Children's Hearings

34. An integrated children's rights and equalities impact assessment for the Scottish Children's Reporter Administration will bring more of 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 enhanced learning and development framework for foster carers - as part of this standard for foster carers, which is still under development, they will have more awareness of learning and development opportunities - including to support them to care for disabled children in their care. (2016 ongoing)

CONSULTATION QUESTIONS

Outcome 2 - Equal and inclusive access to healthcare provision and support for independent living, with control over the best use of resources and support for disabled children and young people

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: If you would like to make specific comments on any of the commitments intended to contribute to achieving outcome 2, please do so here. If not please skip to next question.

(Please refer to Section 2.2 for fuller descriptions of the commitments)

Commitment (outcome 2) Comment
17. Health Inequalities of people with learning disabilities data collection
18. Advocacy
19 .The New framework for Hearing the Citizen Voice
20. Routes to Inclusion - 'Engaging disabled people and their organisations'
21. Allied Health Professionals and Independent Living - delivery plan
22. NHS - two-year internship for disabled graduates in partnership with NHSScotland and Glasgow Centre for Inclusive Living Equality Academy
23. NHSScotland Learning Disability Employment Programme
24. Disability Inclusion Promotional Campaign
25. Measure compliance of NHS Boards on embracing equality diversity and human rights in the NHS in Scotland
26. Child Rights and Wellbeing Impact Assessment (CRWIA) for all policy development affecting children
27. Fund for projects to support disabled children and their families
28. Information Hub
29. Transitions Test of Change Project
30. Child Internet Safety stakeholder group
31. Review of inclusion of people with learning disabilities or autistic spectrum disorders under the Mental Health (Care and Treatment) (Scotland) Act 2003.
32. Consult on Scottish Law Commission's review of the Adults with Incapacity Act and thereafter carry out a scoping exercise in relation to a wider review of the Adults with Incapacity legislation
33. Review of policies on guardianship and consider circumstances in which supported decision making can be promoted
34. An integrated children's rights and equalities impact assessment for the Scottish Children's Reporter Administration
35. Enhanced learning and development framework for foster carers

Q8: Are there any additional commitments and/or ways that you would improve the outcome 2 commitments that you have not already mentioned in your answers above?

Outcome 3: Equal and inclusive access to education, paid employment and an appropriate income whether in or out of work

2.3 Outcome 3 - Education, Paid Employment and Income

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

Key objectives

We want to see a Scotland where there are:

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

UNCRPD articles

These key objectives fit well with 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 16 - Freedom from exploitation, violence and abuse
  • Article 18 - Liberty of movement and nationality
  • Article 19 - Living independently and being included in the community
  • Article 21 - Freedom of expression and opinion, and access to information
  • Article 24 - Education
  • 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

Where we want to be

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

We want to see greater understanding amongst employers and educators of the value that disabled people can add, the issues facing them, and the funding and support available. We want to see improved access to paid employment across all sectors. We want to see inclusive schools, colleges and universities where the diverse needs of disabled students are recognised and catered for. We want a fair and simple social security system that provides responsive and personal support and care that recognises the rights of disabled people and treats people with respect.

Our commitment to Scotland's disabled people:

Additional Support for Learning

36. Continued commitment to implement additional support for learning - the Scottish Government will continue to look at the barriers to successful implementation through our work with stakeholders on the Advisory Group for Additional Support for Learning. We have introduced an Education Bill to the Scottish Parliament to extend rights to all children aged 12 and over with additional support needs, including those with a disability. Children will be able to directly influence the additional support that is provided for them. (ongoing and reviewed annually through reporting to Parliament)

Strategy and Performance

37. Anti-bullying - the Scottish Government will continue to support Scotland's national anti-bullying service respectme and develop strategic anti-bullying work through the review and refresh of the National Approach to Anti-bullying for Scotland's Children and Young. A priority for this service will be an inclusive approach to anti-bullying which includes prejudice-based bullying and takes consideration of the protected characteristics, including disability. (ongoing)

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 through the following projects:

39. Developing the Young Workforce - the Scottish Government will invest a further £16.6 million this year to deliver our commitments to Scotland's Youth Employment Strategy. The focus is to reduce inequality and to further improve learning options for young people including young disabled people to prepare for work.

We are also investing a further £16.3 million to support young people with barriers to employment including disability for:

  • Third Sector employers to create up to 1000 job training opportunities in 2015-16, as part of the next phase of Community Jobs Scotland, including providing support for up to 18 months for young disabled people.
  • Small employers to recruit over 2000 young people with barriers, including young disabled people, to employment and to support employers to recruit Modern Apprentices through Scotland's Employer Recruitment Incentive.
  • Third Sector organisations to provide specialist in-work support for young people (including young disabled people) aged 16-29 who face barriers to sustaining employment.
  • We will increase the take-up of Modern Apprenticeships by young disabled people and young people from BME backgrounds, and to significantly reduce gender segregation within Modern Apprenticeship frameworks.

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. Around 20 of these businesses in Scotland employ 600 people. We will support the development and sustainability of supported businesses particularly procurement and business support.

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 type of dialogue 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 will have all powers over support for unemployed people currently contracted by the Department of Work and Pensions at a UK level. Contracts for specialist employment services for disabled people end on 31 March 2017 and if new powers to deliver these services transfer to the Scottish Parliament on time, new employment services will need to be in place by 1 April 2017.

44. Scottish Government Ministers are committed to ensuring flexible and integrated support is put in place to support individuals with particular needs, including disabled people into work as part of our ambitions for greater social justice and economic growth along with tackling inequality. A consultation will be launched in July 2017. (2017 onwards)

Employment Tribunals

45. We 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 provide funding to the Health and Social Care Alliance (The ALLIANCE) for a co-production 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 Scotland Bill will transfer powers over social security benefits for disabled people including those with long-term health conditions and their carers. This will cover a series of benefits currently delivered by the UK Government through Disability Living Allowance (DLA), Personal Independence Payments, Attendance Allowance, Carer's Allowance, the Industrial Injuries Scheme, Severe Disability Allowance and the Motability Scheme. The Scottish Government is committed to establishing a social security system that treats people with dignity and respect during their time applying for, being assessed and receiving disability benefits. We will have an engagement and participation programme with disabled people and organisations that will be affected by the new social security powers. We will co-produce policy and delivery options. (2016-17)

CONSULTATION QUESTIONS

Outcome 3 - Equal and inclusive access to education, employment and an appropriate income whether in or out of work

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: If you would like to make specific comments on any of the commitments intended to contribute to achieving outcome 3, please do so here. If not please skip to next question.

(Please refer to Section 2.3 for fuller descriptions of the commitments)

Commitment (outcome 3) Comment
36. Continued commitment to implement additional support for learning
37. Anti-bullying - respectme and review and refresh of the 'National Approach to Anti-bullying for Scotland's Children and Young'
38. Overarching commitment from Fair Work Directorate
39. Investment in Developing the Young Workforce and further investment to support young people with barriers to employment including disability
40. Supported Employment Model
41. Supported Businesses
42. Establishment of a Fair Work Convention
43. Disability Employment Services in Scotland
44. Ensuring flexible and integrated support is put in place to support individuals with particular needs, including disabled people into work
45. Abolish fees for employment tribunals and consultation re barriers that disabled people face when raising a claim at an Employment Tribunal
46. Disability Benefits Advocacy Support
47. Future reform of local taxation will take into account the particular needs expressed by disabled people
48. Establishment of a social security system that treats people with dignity and respect during their time applying for, being assessed and receiving disability benefits

Q11: Are there any additional commitments and/or ways that you would strengthen the outcome 3 commitments that you have not already mentioned in your answers above?

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

2.4 Outcome 4 - Justice

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.

UNCRPD articles

These key objectives fit well with 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 - Liberty of movement and nationality
  • Article 19 - Living independently and being included in the community
  • Article 21 - Freedom of expression and opinion, and access to information
  • Article 23 - Respect for home and the family
  • Article 25 - Health
  • Article 27 - Work and employment
  • Article 28 - Adequate standard of living and social protection
  • Article 31 - Statistics and data collection

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.

For this to happen, for our justice system to be accessible in all forms to all citizens, we need to consider the physical environment, advocacy and support, information and advice, and communication support.

Our 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 for contributions and develop options for change. Consideration of the options by Ministers may be followed by a change to legislation. (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, to encourage disabled people to report hate crimes and provide reassurance that a report will be taken seriously by these organisations. (2016 onwards)

51. Accessible information - the seven main criminal justice organisations will convert their main communication publications into alternative formats including Easy Read versions. An online secure website to provide case information for victims and witnesses will be developed by the Scottish Government as part of the Digital Strategy. (2016 onwards)

52. Accessibility of sites and services - the seven main criminal justice organisations will do site audits of their buildings on assistive services available and identify any physical access barriers. This information will be available through the internet site of each organisation. Recommendations for improvements will be considered by each organisation. (2016 onwards)

Disability Hate Crime

53. We will work with a local authority in Scotland to develop and deliver a 'pilot' improvement project focusing on preventing and removing disability hate crime from society. This will involve a range of local partners and build on existing knowledge of what works whilst testing out approaches in localities. The lessons learned will be used to inform practice in other parts of Scotland. (Development 2016 and delivery up to 2020)

Violence against Disabled Women and Girls

54. We will engage with disabled people's organisations to explore the extent of violence against disabled women and girls, in the context of our ambitions under Equally Safe - Scotland's strategy to prevent and remove from society all forms of violence against women and girls. (2016-20)

CONSULTATION QUESTIONS

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

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 make specific comments on any of the commitments intended to contribute to achieving outcome 4, please do so here. If not please skip to next question.

(Please refer to Section 2.4 for fuller descriptions of the commitments)

Commitment (outcome 4) Comment
49. Review of legal aid contributions for disabled people  
50. Encourage reporting of hate crimes against disabled people
51. Accessible information
52. Accessibility of sites and services
53. Develop and deliver a 'pilot' improvement project focusing on preventing and removing disability hate crime from society
54. Engage with DPOs to explore extent of violence against disabled women and girls, in the context of our ambitions under Equally Safe

Q14: Are there any additional commitments and/or ways that you would improve the outcome 4 commitments that you have not already mentioned in your answers above?


Contact

Email: Catherine Hewit