Response 724380640

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Organisation details

6. Name of organisation

Name of organisation (Required)
Dundee Health and Social Care Partnership

7. Information about your organisation

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We provide Health and Social Care supports and services in Dundee on behalf of the Integration Joint Board.

Question page 1

8. What are your views on the main proposal of the Bill, to establish a Disability Commissioner for Scotland?

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A Disability Commissioner for Scotland would be something we would welcome. The commissioner would be able to act as an advocate for disabled people at the national level by promoting awareness and understanding of the rights of disabled people. They would also have the ability to review the effectiveness and suitability of laws, policies and practices that impact on disabled people and encourage policy makers to have sufficient insight into how policies might impact disabled people.
It is important that Scottish Government ensure that any plans made in Learning Disability, Autism and Neurodiversity Legislation take this potential legislation into account and visa versa.

9. What is your awareness of other commissions or bodies that exist to promote and protect your rights?

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As a Public Body we maintain a high level of awareness regarding rights and the organisation who promote and protect rights.

10. What are your views on the proposal to use the definition of disability set out in the Equality Act 2010 – a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.

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We dislike the use of the word 'impairment' and would prefer that the term 'condition' is considered or similar less negative language.

Question page 2

11. What are your views on the proposal for the Commissioner to have regard to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and to encourage and observe equal opportunities requirements.

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This seems appropriate.

12. What do you think about the Commissioner's powers as set out in the Bill?

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This seems appropriate- it may be worth considering extending the promotion of best practice beyond service providers to include promotion Best Practice to other areas.

13. What do you think of the proposed power to undertake investigations of service providers to ask how they have given effect to the rights, views and interests of disabled people in general or an individual disabled person. This power to investigate will be limited to devolved matters.

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We think it is important that a commissioner would be able to investigate service providers and others (including policy makers). There are times when these powers may cross over with the powers of other Commissioners and other bodies. (such as the Commissioner for Children or Regulatory Bodies such as Care Inspectorate). Careful consideration and clarity will be needed in such circumstances so that each agents responsibilities are clear.

Question page 3

14. What do you think of the proposals to encourage the involvement of disabled people in the Commissioner’s work, and use inclusive communication to enable the fullest involvement?

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Disabled people must be encouraged to be involved- this will necessitate facilitation and funding of the support any individual will need to be involved. There should be a “nothing for us without us" approach.
Inclusive communication is essential in this work and the Commissioner should lead the way for this.
There may be need to consider which formats are used when and how to ensure that the range of versions is available at the same time as well as providing ways for individuals to request the format that suits them best.

15. Do you think there might be any unintended consequences as a result of the Bill’s proposals?

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We have not identified this.

16. Do you have any other comments you have on the Bill.

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No