Supporting Disabled Students

The end of August marks the end of school holidays, the beginning of many college courses and the start of the new university year.  

However, if you are a student with a Disability, some planning many have to go into the start of your academic year in order to facilitate the support you need to stay on course. 

First of all, it is important to remember that you are just as entitled to attend school, college or university as everyone else.

It is also important to always believe in yourself, you can do it.

Dyslexia as an Example

At times, the society we live in may make education difficult.

For example, if you are dyslexic and have difficulty reading, remembering and writing - the three "Rs" as far as Dyslexia is concerned - the need to hand in written work, read through pages of black and white text and then to sit a written exam on the subject, educational achievement may seem like a challenge.  However, it need not be.

In this case, you may be entitled to additional time with your course work, to additional time with written exams, to use a scribe, to additional toilet breaks if you need a breather, the use of a computer and assistive technology.

This list of support described above is by no means prescriptive nor is it exhaustive.

What the list reflects are the potential "reasonable adjustments" that can be put in place for you to help you stay on course.

Personal approach is necessary

It is also important to remember that no one person with a disability - whether it is dyslexia, a mental health condition, a physical support need or something else - is the same.  We are all unique, and with that, each of us may have different support needs.

Unfortunately, many school administrators like to group disabled students, misunderstanding that the support needs for one person may not be the same as those you require.  This can lead to some difficulty in determining what is "reasonable" in terms of the adjustments that any institution may have to make.

The Medical Model of Disability

For example, a number of years ago the issue of student mental health - as a disability - was hotly contested within the education sector.  There was, and still is, to some extent, a lack of understanding concerning mental ill health.

Many educationalists preferred to focus on the medical model; always seeking a diagnosis and determining from that whether or not mental health fell within the scope of "disability" in order to make any reasonable adjustments.

The over reliance on the medical model, is something that many more experience disabled activists will be familiar with.  For the sake of brevity, the medicalisation of a disabled person removes the personal, it dehumanises and it predominately sees the disabled person as a problem.

The Social Model of Disability 

This approach is contrasted with a social model of disability.  Under this model, it is society, with its focus on maintaining utility for the majority, that is actually the problem.

The majority of people are able bodied, do not use wheelchairs and  do not have support workers to enable day to day living.  This is why, amongst other things, buildings, services, educational assessments and the way our society operates are all designed to accommodate the utility for the majority.

The social model articulates that society is actually the disabling factor.  Unlike the medical model, the societal understanding of accommodation is the problem.  Importantly, the problem is not the disabled person themselves.

Mental Health as an Example

Returning to the example of mental health, the medical model almost entirely ignores the problems created by society in providing appropriate support - and reasonable adjustments - for people with mental ill health.

Additionally, the medical model also seeks to categorise - through diagnosis - the mental health problem in hand.  This means that people with depression, anxiety, bi-polar disorder or some other category are often grouped together rather than being looked at as individuals with personal support needs.

What is essential to providing support to any disabled person is that you have an understanding of the support needs for that person; not as a homogenised group of persons with a particular category code or diagnosis.

A student with a mental health problem may experience problems with motivation, concentration, memory and also experience fatigue and general ill health.  In order to support someone in this context, a support worker may be necessary, additional time for assessments allowed, no penalties for handing in work late or absence.  Again, this is not an exhaustive list.  

The Law

The legal position concerning reasonable adjustments is found in the Equality Act 2010.

The Equality Act is lengthy and for this reason, a summary of what it says is provided here; 

1. Disabled students are protected from discrimination - discrimination can either be direct or indirect.
2. Protection also extends to acts of harassment or victimisation for a reason connected with the disability (in some circumstances, the criminal law also provides protection).   
3. You do not need to be disabled yourself to benefit from protection; you are also protected from discrimination by association or a reason connected with the disability.   

Education providers, whether schools, colleges or universities must make reasonable adjustments to provide support for disabled students.  There is no prescribed list of what is reasonable and what is not, as this is always context and person specific.

In some cases, an education provider may decline to make a reasonable adjustment, if it is felt that the request is not reasonable.

If a dispute arises concerning a School, there are specific tribunals established to resolve a dispute.  Unfortunately, the tribunals do not have jurisdiction over colleges and universities.  In these cases, a dispute would have to be resolved through the local crown or sheriff court.

Getting Support

It is important to make contact with your education provider as soon as possible. 

The institution should then refer you to an appropriate service to seek support and discuss reasonable adjustments.  In many colleges and universities there is a dedicated student support service with disability advisers who can make recommendations.

It is important to be as open as possible about what support you may require.

The discussion you have is a two way process.  You do not simply have to accept what someone tells you, if you want something else or do not feel that it is appropriate.   

You may also be asked to provide evidence.  This is a reasonable request, but it should not be made too onerous.  For example, in the case of dyslexia a report summary from a Psychologist should suffice.  In the case of a mental health issue, a letter from a G.P.   

Please note, if you are told that the recommendations do not have to be accepted by the course provider, then this could constitute an unlawful act of discrimination, harassment or victimisation.  

The law says that reasonable adjustments must be made.  The law also prohibits discrimination.  Education providers are not given a choice about the law; it is there to protect you.

In Higher and Further Education, the Government provides a scheme called the Disabled Students Allowance (DSA).  The DSA provides funding for you to buy equipment, software and to access non medical personal help.  In order to access DSA funding, your education provider may have to refer you to a specialist assessment centre.

Once you settle into your academic year, you should be able to enjoy your course and fingers crossed, that with a little planning in advance, you get the support you need.     

The Equality and Human Rights Commission has prepared various guidance notes concerning Equality in the Education sector.  For more information, visit: 
http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance/equality-act-guidance-downloads/
         
Caveat:  This article is not legal advice. 

Edinburgh Fringe - The Mushroom Cure

Anti-depressants, talking therapies, tranquilizers, psychological intervention are all the norm in seeking to treat mental ill health...ever tried psychopharmacology?

One in three of us are likely to experience mental ill health at some stage in our lives, but what can you do when all else fails?  

Adam Strauss has obsessive compulsive disorder (OCD).  Or more precisely, had OCD.

In his comedic monologue Adam describes the symptoms that many of us will all be too familiar with.  Indecision, procrastination, opinion forming based on irrational fears or failure and rejection; do it once, twice, three times or more...its got to be perfect!

The sheer frustration experienced by Adam and others with the condition is felt through the intensity of his performance as he paces, changes chair, lays on the floor and relays the story.

As he opens up to the Audience you can feel the energy in his voice, courageously recounting his experience as his story (and it is a tale to be told) simply explodes out of him as if a champagne cork had popped.

The use of comedy, as opposed to theatre or spoken word, as the medium to deliver this tale also manages to relax the audience.  Its difficult not to find it funny.  You are left thinking am I allowed to laugh at the man who buys eleven of the same shirts, two different branded MP3 player - just to test the sound, who pays his Therapist in sleeping tablets and finds companionship in a Girl who boils up cactus in a carefully chosen Lobster Pot?

The show generates laughs as it does inspire; whatever your motive for wanting to see "the Mushroom Cure" its far from conventional it its approach to taking on a debilitating condition such as OCD.

Its rare to see such openness about the personal life of someone with a mental health problem.  This is why Adam deserves the credit for tackling the taboo.

The Show is not so much about curing OCD through Magic Mushrooms, nor does Adam advocate taking his phallic fungi as your own personal cure - that's not really the point.  Its about a unique journey in finding acceptance in who you are and recognizing that no matter how hard you try you cannot control the world around you. 

The Mushroom Cure is on at the Underbelly in Cowgate at 15.50.  You can book tickets online via the Edinburgh Fringe website.

To find out more about Adam's show, visit: http://adamstrauss.com/

Are you Mad?

The word "Mad" has a variety of connotations.  

Yet, in today's society we use this word regularly as a pejorative term to describe people who be find difficult to work with, who may see the world in a different way or with whom you may have had political or other disagreements. 

Our understanding of society and human interaction has improved dramatically since the 19th century, yet some of us still behave as if nothing has changed. 

This article explores the 21st century of the word "mad" and its use in the vernacular; to discriminate and stigmatise despite increased awareness and legal protection.

Why would you call someone mad?

It is easy to use the word in its ordinary meaning; perhaps to describe an action which you would consider foolish.

It is also easy to use the term to describe someone who you find unpleasant or perhaps disagree with.

The key question is why do you consider the action to be foolish, why do you find the person unpleasant or why do you disagree with them?

In any event, the use of the word mad to describe someone is inappropriate.

Mental health, Autism, Learning disability

In recent time, Mad, was used to describe someone who may have had a mental health condition, who was autistic or had a particular learning disability.

However, we now recognise mental ill health for what it is, notwithstanding the discrimination that still persists.  For example, someone who is bi-polar, will experience a wide range of mood.  At times, behaviour will seem energised, enthused or even manic.  This lasts but a short time, there after, the same person may appear withdrawn, closed in on themselves and disinterested or not engaged.   

We also have a better understanding of autism.  Not everyone experiences the world in the same way and communication is a skill the majority of society takes for granted, often ignoring that for some people, communication, even in its basic form, can be extremely challenging or even scary.     

Similarly, if someone is dyslexic, they may come across as articulate, intelligent and knowledgeable.  However, reading, writing and remembering all may pose particular challenges.  In a highly focused written world, it would be easy to write someone off as just being lazy or not capable.   

See me

If you find someone difficult to get along with, ask yourself - why? 

Is it because you have nothing in common or do not share their political beliefs?

Is it because you find their decisions or actions foolish?

Is it because you find it difficult to understand what they say alot of the time or do not understand why they look dire one minute and full of beans the next?

Is it because you simply can not be bothered, find the person irritable or irrational, they speak their mind, including voicing criticisms?

Do you lack patience?

Have you considered seeing the world through their eyes?

Do you jump to conclusions or make certain assumptions about the person's suitability for particular roles or what they are capable of?

Have you discussed the person with colleagues, friends, co-workers and ignored the person?  (perhaps you even encouraged others, whether directly or indirectly, to isolate the person?)

Did you describe the person as Mad, what about crazy, hostile or stupid?
  
Legal Aspects

The Equality Act protects individuals who share protected characteristics from discrimination - which can be both direct and indirect.  Individuals are also protected from harassment and victimisation.

It is likely that mental health, autism and learning disability fall within the legal definition of disability.  In order to benefit from protection, you do not have to be disabled personally.  You are also protected from discrimination based on perception of disability and or association with someone who is disabled.

The civil law also affords protection.  There is statutory protection from harassment in the form of the protection from harassment act and also at common law - where it is a civil wrong (tort/delict) to cause an injury or loss to your neighbour.

It is also important to keep in mind that disabled people are protected from hate crime.

Actions have consequences

It is easy to avoid or seek to exclude the individual or individuals whom you consider to be problematic.

It is also easy to encourage others to marginalise or avoid. 

However, what are the practical consequences? 

In some circumstances, a person may be denied opportunities for promotion or to advance themselves because of the negative attitudes and rumours spread by others.

Likewise, a person may not feel comfortable coming forward to engage in future if they feel that they are going to be marginalised or exposed to exclusion.

In some extreme cases, this can lead to bullying, harassment and victimisation.

In many employment circumstances, it is easy for illfounded complaints to add up, resulting in making it difficult to remain in employment because of negative working relationships.

It is easy to get rid of the difficulty, by removing the person, rather than tackling the prejudice behind the problem.

This is discrimination and is why many people, who have mental ill health, who are autistic or have a learning disability are excluded from work.

This is also one of the reasons why so many people with mental health problems or who have autism are found in the criminal justice system or are excluded from education.   

Dont judge - support and encourage

I would have hoped that attitudes would have improved in the 21st century. 

There has been progress, but probably too little, too late. 

It is important that if you find yourself working alongside a colleague who sees things differently, or who needs some support, that you show support and challenge any of the ill-will that the tyrany of the majority will send his or her way.

We are all unique individuals and there is no 'normal'.

Challenge the stigma.  

Please don't judge others, lest you be judged yourself.  




   




  
       

   

Criminalising Mental Health

In Perth sheriff court a man was recently prosecuted for disorderly conduct.  He was depressed and jumped off a bridge.  It was the anniversary of his son's death.

From a mental health practitioners point of view, it is important to provide support to someone who is depressed and potentially at risk of taking their own life.  In this post, I examine whether or not the  criminal law, in the form of the Police and the Crown takes the same view

The Equality Act 2010

As you may be aware, mental ill health often falls within the protected characteristic of "disability" in terms of the Equality Act 2010. Provided that the condition lasts, or is likely to last more than 12 months and also has a substantial effect on a persons ability to carry out day to day activities.

 This important legal protection, is designed to ensure people who have mental Ill health do not experience discrimination and are also entitled to reasonable adjustments in the work place.

This being said, where does it leave the criminal law? Obviously, if someone commits a crime, the police are entitled to investigate and the Crown is entitled to prosecute, in the public interest. However, what happens if someone is depressed and attempts to take their own life?

Police and the Crown 

Before last week, I would have answered the question with a resounding Yes! I would have confidently stated that the Police and the Crown would have had appropriate training in mental health issues, in compliance with their civil law obligations under common law, to take reasonable care, under the human rights act, to act proportionately and also under the Equality Act, as a public authority required not to discriminate and also to promote equality of opportunity as a general duty.

However, today, I am less certain and am now no longer as confident as I was before.

The reason for my uncertainty was the story mentioned above carried online by STV News.  The man was prosecuted and now potentially faces a prison sentence.  The sheriff outlined his reasoning, namely that the man had placed the rescue service at unnecessary risk and he wanted to deter anyone from taking similar action.

I am not in full possession of the facts, as such I cannot comment on the specifics of this case. However, it does concern me from what has been reported that this case was both prosecuted by the Crown and that the Sheriff wished to deter others from jumping off of a bridge.

There was no mention of the man's mental welfare or concern that support should be offered.

Support not Prosecution

If someone is depressed, they require support not prosecution.

Similarly, if someone has taken steps to take their own life life, they also require support.

We cannot allow our criminal justice system to revert to a 19th century system where attempted suicide is criminalised and where people who are experiencing mental ill health are routed through the criminal justice system because they are not offered support, or do not know where to access support.

There are exceptions to this reasoning, if someone is a risk to others, or at risk to themselves then the law must act; but only where it is appropriate to do so.

Concerns 

In the current economic climate, I am concerned that with further cut backs planned, support services for people who have mental ill health will not meet the needs of the people who they are designed to serve.

There is already a high prevalence of mental ill health within the criminal justice system.

My primary concern is that the justice system will become a poor substitute for support services that ought to be there in the first place.