Defining Disability

1
Introduction

• Defining Disability
• Scottish Guidance And Legislation
• No Clear Guidance On Disabled Children
• Implications Of Disagreement On Competency For
  Research
• Examples
• Conclusion

2
WHO

• Prior To 2001
• Disability - Impairment
• Impairment - Physical Limitations
• Handicap - Social Limitation E.G. Cant
  Physically Go Out
• Since 2001
• Disability - Impairment, Activity Limitations,
  Participation Restrictions
• Still Assumption That These Relate To The
  Individual

3
Modern Social Model of Disability

• ...the disadvantage or restriction of activity
  caused by a contemporary social organisation
  which takes little or no account of people who
  have...impairments and thus excludes them from
  participation in the mainstream of social
  activities. (UPIAS/Disability Alliance, 1976)
• UPAIS/Disability Alliance (1976) Fundamental
  Principles of Disability. Methuen London.
  http//www.leeds.ac.uk/disability-studies/archiveu
  k/UPIAS/UPIAS.pdf

4
Scottish Legislation

• 1968 Social Work (Scotland) Act (set up the
  Childrens hearing system in Scotland)
• Children (Scotland) Act (1995)
• The Age of Legal Capacity (Scotland) Act 1991,
• Standards in Scotland's Schools etc. (Scotland)
  Act 2000.
• Education (Additional Support For Learning)
  (Scotland) Act 2004
• Adoption and Children (Scotland) Act 2007

5
Children (Scotland) Act 1995

• Views of children
• (1) A person shall, in reaching any major
  decision which involves
• (a) his fulfilling a parental responsibility or
  the responsibility mentioned in section 5(1) of
  this Act or
• (b) his exercising a parental right or giving
  consent by virtue of that section,
• have regard so far as practicable to the views
  (if he wishes to express them) of the child
  concerned, taking account of the childs age and
  maturity, and to those of any other person who
  has parental responsibilities or parental rights
  in relation to the child (and wishes to express
  those views) and without prejudice to the
  generality of this subsection a child twelve
  years of age or more shall be presumed to be of
  sufficient age and maturity to form a view.
• (2) A transaction entered into in good faith by a
  third party and a person acting as legal
  representative of a child shall not be
  challengeable on the ground only that the child,
  or a person with parental responsibilities or
  parental rights in relation to the child, was not
  consulted or that due regard was not given to his
  views before the transaction was entered into.

6
GIRFEC

• When you are having problems you should be able
  to find out easily what help you can get and how
  to get it.
• You should be able to say what you feel and know
  that your views are important. You should feel
  sure that people will do all they can to help
  you.
• You should know that if you keep doing something
  that puts you at serious risk, now or in later
  life, action will be taken. For example, if you
  keep offending or taking drugs.
• You should be able to find out easily what help
  you can get.

7
Education (Additional Support For Learning)
(Scotland) Act 2004

• Replaced Assessment And Recording System
• Widened Concept Of Additional Support
• More Rights For Parents
• Mediation And Tribunial
• Code Of Practice
• Co-ordinated Support Plan

8
Education (Additional Support For Learning)
(Scotland) Act 2004

• A child or young person has additional support
  needs for the purposes of this Act where, for
  whatever reason, the child or young person is,
  or is likely to be, unable without the provision
  of additional support to benefit from school
  education provided or to be provided for the
  child or young person

9
Education (Additional Support For Learning)
(Scotland) Act 2004

• Children And Young People May Require Additional
  Support For A Variety Of Reasons And May Include
  Those Who
• Have Motor Or Sensory Impairments
• Are Being Bullied
• Are Particularly Able Or Talented
• Have Experienced A Bereavement
• Are Looked After
• Have A Learning Difficulty?

10
Education (Additional Support For Learning)
(Scotland) Act 2004

• Are Living With Parents Who Are Abusing
  Substances
• Are Living With Parents Who Have Mental Health
  Problems
• Have English As An Additional Language
• Are Not Attending School Regularly
• Have Emotional Or Social Difficulties
• Are On The Child Protection Register
• Are Young Carers

11
New Act

• New Flexible Co-ordinated Support Plan (CSP) For
  Children Who Face Long-term Complex Or Multiple
  Barriers To Learning And Who Require Frequent
  Access To A Diversity Of Services From Outwith
  Education Authority
• Within 16 Weeks Of Notifying Parent
• Http//Www.Scotland.Gov.Uk/Library5/Education/Shas
  la-00.Asp

12
Duties On Education Authorities

• Provide For Additional Support Needs
• Prepare And Review Csps Every 12 Months
• Interagency Advice, Assessment And Info
• Take Into Account The Views Of The Child And
  Parents
• Provide Independent Mediation
• Address Transition
• Publish, Review And Update Their Policies
• Health Boards And Social Work Have A Duty To Help
  Educational Authorities

13
Benefits of Listening

• Pedagogical and developmental benefits (children
  can learn educationally, morally and personally
  from the experience)
• Political benefits (children can change social
  policy, exercise rights and share power with
  adults)
• Epistemological benefits (dialogue with children
  can produce improved understandings and better
  knowledge for academics and policy makers
  concerning their life conditions
• Consumer benefits (it has the potential to
  produce services that are better money for value,
  better planned and better staffed)
• Protectionist benefits (the experience of
  developing respectful dialogue with adults and
  other children will promote child protection and
  help to prevent child abuse)
• Inclusive benefits (it has the potential to
  foster better relations in communities and to
  develop a more integrated society)

14
Scottish Caveats Davis and Watson 2000

• Listening related more to guidance than law
• taking into account age and maturity
• when in the childs best interest,
• wherever possible
• where costs are not prohibitive.
• safety (when inclusion in decision making
  processes could harm the child)
• competency (when the child is not thought
  capable of understanding the process)
• See Lee (1999) Discussion Re Competence

15
Scottish Caveats

• Assumed Child Of 12 Years Of Age Or More
• Younger Children -Sufficient Understanding
• How And Who Assesses Competency Is Unclear
• Little Said About Disabled Children With
  Exception Of Education Act 2004

16
Corker Davis (2001)

• There Is Little Mention Of The Rights Of Disabled
  Children In The Various Books About Children And
  The Law
• The Dominant Discourse In Law Views Disabled
  Children In Terms Of Dependency, Vulnerability
  And Protection
• Law In Itself Is Very Often Individualising And
  Dehumanising.
• Law Not Only Simplifies And Reduces Social
  Issues, But Also Absorbs And Neutralises Them

17
What Discourses Prevent Us Listening To Disabled
Children?

• Disabled Children Are Not Consumers
• Certain Disabled Children Will Not Learn
• Disabled Children Are Unaware Of The Social And
  Political
• Certain Disabled Children Are So Broken They Cant
  Be Included
• Certain Disabled Children Have No Knowledge

18
Davis et. al. 2000 Professionals

• Measure Children Against So Called Norms
• Overlook Cultural And Social Routes
• Privilege Oral
• Narratives Of Care, Dependency, Vulnerability And
  Exclusion
• Dont Differentiate Between Children With Same
  Impairment
• Not Reflexive

19
Complex Psychology Beginning To See Structure

• Hogan 2005
• Structure And Agency
• Macro And Micro
• Problem Unware Of Postmodernism Of Rogoff And
  Stanton-rogers
• Since 2000 Paper Psychologists Starting To Adopt
  Language Of Inclusion But Not Practices

20
Example Of Effect Of Stereotypes

• Cuskelly, M (2005) Some Children With
  Intellectual Disability
• Cannot Give Consent
• No Sense Of Social Model Group Identity
• Who Cares? (Morris, 1999) 12 out of the 66 SW
  found out the childs views
• She is unable to verbally communicate and
  therefore her view is not available
• it is not possible to know what his views are
  owing to his level of disability.

21
Lewis and Kellet Complex Psychology Does Not See
Politics or Power

• Difficulties Constructing Text When Children Use
  Symbols And Signs
• Language Delay Relates To Living Away From Family
• But Fail To See Politics Of Residential Schools
  and Deaf Culture
• Or Childrens Resistance As Choice

22
Davis and Watson 2000

• Many Professionals Dont Spend Enough Time With
  Disabled Children To Learn Their Communication
  Methods E.G Tudge And Hogan 2005 24 Hours - Us 6
  Months
• Emphasis Should Be On Adults To Show They Have
  Exhausted Attempts To Learn Communication Methods
  
• Should Not Be Considered A Politically Neutral
  Activity

23
Davis and Watson 2000Key Questions

• What Did I Do Wrong That Prevents
  Communication?
• What Professional Assumptions Are Getting In The
  Way
• What Personal Assumptions?
• Is The Criteria Appropriate (a test?)
• Do I Have Preconceptions About Impairment/Disabili
  ty?

24
Alternative Embedded Enabling Mosaic Approach
Alison Clerk

• Go Beyond The Traditional Smiley Faces And Sad
  Faces Approaches
• Enables Adults And Children To Adopt A Range Of
  Research Tools (E.G. Observations, Child
  Conferencing, Cameras, Tours, Map Making And
  Interviews)
• These Form The Basis For Dialogue, Reflection And
  Interpretation.

25
Mosaic Approach

• Childrens Lives Are Not Separated Out For Study
  In The University Office
• Analysis Takes Place As Close To The Site Of Data
  Collection As Possible.
• This Enables Adults And Children To Co-construct
  Meaning Where Both Adults And Children Are
  Learning New Things.

26
In-depth Not Always Possible In Service Evaluation

• Hospital And SW Respite Research
• Hospital Different Terminology
• Learning Disability
• Symbols And Signs
• Young Child Complex Impairments Pictures Of
  Nurses, Toys, Soft Play
• Childrens Society Ill Go First
• SW - Autisim Girl Biting
• Parents - Confidentiality

27
Conclusion

• Lack Of Clarity On Listening To Disabled Children
  In Professional Policy And Practice
• Stereotypes On Lack Of Ability And Vulnerability
  Promoted By Some Academics
• Protectionist Approaches Not Generally
  Justifiable But based On Prejudice

28
Conclusion

• Need To Be Clear On Our Limitations, Aims And
  Methods E.G. Research Or Evaluation
• Despite Rhetoric Researchers and Professionals
  Inclination Is Still To Avoid Engagement With
  Disabled Children
• Lack Of Creative Approaches To Overcoming
  Commuication issues

29
References

• Corker, M. Davis, J.M. (2000) Disabled
  children (Still) invisible under the law,
  Cooper, J (ed) Law, Rights and Disability
  (London Jessica Kingsley).
• Cuskelly, M (2005) Ethical Inclusion Of Children
  With Disability In Research In Farrell, A (Eds)
  Ethical Research With Children. Open University
  Press Maidenhead Berkshire.

30
References

• Davis, J M, Watson N, Cunningham-Burley S (2000),
  Learning the lives of disabled children
  developing a reflexive approach, in Christiensen
  P and James A eds., Research With Children,
  FalmerLondon

31
References

• Davis, J M Watson N, (2000) Disabled Childrens
  Rights in Every Day Life Problematising Notions
  of Competency and Promoting Self-Empowerment,
  International Journal Of Childrens Rights 8
  211-228.
• Hogan, D (2005) Researching the Child in
  Developmental Psychology in Green, S and Hogan D
  (eds) Researching Childrens Experience, Sage
  london.

32
References

• Lee, N. (1999) The Challenge of Childhood
  Distributions of Childhoods Ambiguity in Adult.
  Institutions, Childhood 6(4) 45574
• Lewis, V, and Kellet, M (2004) Disability in
  Fraser, S, Lewis, V, Ding, S, Kellet, M and
  Robinson, C (eds) Doing Research With Children
  and Young People. The Open University/Sage
  London.

33
References

• Morris, J. (1999) Disabled Children and the
  Children Act. London The Who Cares? Trust
• Tudge, J and Hogan, D (2005) An Ecological
  Approach To Observations Of Childrens Every Day
  Lives, in Green, S and Hogan D (eds) Researching
  Childrens Experience, Sage London.