OliverMcgowan issues
I am writing to you as I think you should be aware NHS England who you have worked with on the Oliver McGown training is not as supportive as it might appear.
Your campaigning following the tragic episode involving Oliver has the potential to significantly improve the situation.
However, whilst supporting your work on this NHS England is also allowing/undertaking a very negative attitude to Autism within the employment field and by implication to all with autism, learning disability and similar conditions.
I raised a complaint with NHS Digital which was transferred to NHS England after the merger.
The complaint was raised as my adult son’s diagnosis of Autism and the consequential disability as defined by the Equality Act were denied in a tribunal despite a diagnostic report from an HCPC registered Clinical Psychologist who works in an NHS Autism diagnostic service and who stated in the report that he was disabled.
I requested the reasons why and complained that NHS England would not accept the conditions in the International Classification of Diseases( ICD 11) neurodevelopmental disorders (which includes both Autism and Disorders of Intellectual Development).
The CEO of NHS Digital informed us that only a court could decide if an individual was disabled.
The NHS Digital and later NHS England refused to accept the diagnosis or disability clearly evidenced in 2 reports without any clinical evidence to support their position.
While it is clear in the Equality Act 2010(The) that if disability is disputed the tribunal/court would be the arbitrator that is very different from the position NHS England took and continues to take above as it has stated it has nothing to add to the original position .
Thus while supporting Oliver McGowan training and the expectation of understanding the duties The Act creates to the disabled NHS England has also stated that its position is that a person can only be considered “disabled” if a court/tribunal has confirmed it.
This means the requirement to uphold duties is in doubt to all concerned unless it has been decided by a court or tribunal.
Thus the much of the information regarding adjustments in level II and Level 3 training is in fact doubtful as unless disability is confirmed/accepted adjustments are not required.
It is I believe unacceptable to advise NHS or care service staff recommend the implementation of adjustments less the basic principle that they are required by the Equality Act in Autism and Learning Disability if diagnosed’
Equally if the person with such a diagnosis cannot be sure that they meet the requirements for disability negative effects of this on the ability to request or expect adjustments is significant and likely to have damaging effects on mental health. Do not know if you are disabled one way or the other cannot be anything other than damaging.
This in my opinion for the Oliver Magowan and the NHS learning Disabilities and Autism plans to improve situations is severely damaged if the NHS does not/will not confirm at least in its opinion disability .
It substantially weakens the position of those with Autism and or Learning disabilities who wish to challenge discriminatory behaviour (including expecting adjustments to be made.)
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It is my impression that Olivers outcome might have been very different if the
diagnosis →Disability → legal ( not just moral)duty to make adjustments had been clearly understood. The Oliver McGowan training as it currently stands is likely to improve the recognition of learning disabilities and Autism unless the NHS is willing to accept the diagnosis results in legal duties it is it is going to have difficulty convincing particularly NHS professionals to change their ways
