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rights and equally suitable facilities and opportunities as others. In 2001, the UK Office for
National Statistics found that approximately one-fifth of the working-age population were
disabled.
The report also found that disabled people were unwilling to enter the labour market because
the consequent reduction in their disability benefits would make it not worthwhile to
undertake employment. A three-pronged approach was suggested: incentives to work via the
tax and benefit system; helping people back into work; and tackling discrimination in the
workplace via anti-discrimination policy.
In the United Kingdom, the Disability Discrimination Act defines disability using the medical
model – disabled people are defined as having certain conditions or limitations on their ability
to carry out ‘normal day-to-day activities’. But the requirement of employers and service
providers to make ‘reasonable adjustments’ to their policies or practices and physical aspects
of their premises follows the social model. By making adjustments, employers and service
providers are removing the barriers that disable.
In 2006, amendments to the act called for local authorities and others to actively promote
disability equality. The Equality Act 2010 makes it unlawful for employers to ask questions
about a person’s epilepsy at a job interview or for a referee to comment on such in a reference,
except where there is a need to make reasonable adjustments for an interview to proceed.
Following an offer of a job, an employer can then lawfully ask such questions.
A social worker will be able to support a person with epilepsy in seeking either paid
employment or voluntary work, advising them of their rights and signposting them to
organisations such as The Shaw Trust (a not-for-profit organisation which helps disabled
people find and sustain employment or enjoy more independent living) or the Disability
Employment Advisor (within the Job Centre Plus).
The Care Act 2014
In the past, obtaining support from community social services has been a ‘postcode lottery’.
The Care Act 2014 modernises and consolidates the law on adult care in England into one
statute and has been described as the biggest change to the law in 60 years.
Key changes include the introduction of national eligibility criteria, a right to independent
advocacy and, from 2016, a cap on care costs faced by self-funders. At the heart of the act
are the principles of wellbeing and prevention and the recognition that an individual and their
family, and/or carer must be enabled to make decisions regarding their own care.
The College of Social Work has consistently argued that ‘the wellbeing principle’ is the Care
Act’s most radical innovation. The Act outlines that in exercising the promotion of individual
wellbeing a local authority must have regard to factors such as the need to protect people
from abuse and neglect, based on the assumption that the individual is best placed to judge
their own wellbeing, as well as the importance of participation, having regard for all an
individual’s circumstances, and achieving balance between the individual’s wellbeing and
that of any friends or relatives involved in their care.
The Act’s definition of wellbeing is broad and includes: physical and mental health and
emotional well-being; participation in work, education, training or recreation; social and
economic wellbeing; domestic, family and personal relationships; and suitability of living
accommodation. The definition also includes personal dignity, being treated with respect, and
control by the individual over their day-to-day life. The Act requires that attention is given to
the individual’s views, wishes, feelings and beliefs.