Re: [OTnow] Legislation and its impact on OT practice

[Mike]

The Disability Discrimination Act does have some relevance for the work 
of OTs in the community, but maybe not as much as you would expect or 
hope. One of its weaknesses is that it doesn't allow us to compel 
private landlords to give consent for a home adaptation (at least I 
think not). Lack of dropped kerbs and accessible community facilities 
certainly can and frequently does reduce the potential use of 
wheelchairs, etc. outside of the home but things are gradually 
improving. As for your questions:

Should Occupational Therapists empower the client by informing them of 
their civil rights?
Absolutely, yes, within the scope of our competence. I would think that 
to not do so would verge on negligence, but we should be advising the 
client to seek better-qualified legal opinion.

Should Occupational Therapists advocate for diminished environmental 
barriers?
Yes, but we should really be encouraging the clients to self-advocate. 
We should encourage our clients, where appropriate, to make complaints 
against service providers through the Act. We need to be aware of the 
difference between empowerment and doing things for clients. I think 
that where possible we should encourage clients or carers to make their 
own complaints and give them the contact details of local disability 
advocacy groups and advice agencies rather than doing the complaining 
for them (national resources worth passing on include 
www.adviceguide.org.uk and www.justask.org.uk).

Cheers,
Mike
On Friday, Feb 27, 2004, at 12:34 Europe/London, dave simpson wrote:

Hi
I am presently investigating legislation such as the Disability 
Discrimination Act UK DDA and its relation to, impact on Occupational 
Therapy practice regarding community access as part of a University 
project.

What I am trying to establish is how legislation restricts successful 
interventions for example an Occupational Therapist may prescribe a 
suitable wheelchair and even implement home adaptations so as to make 
the home wheelchair friendly but the intervention (wheelchair) will 
not be entirely successful if barriers exist in the community that 
restrict the user.
This could also be applied to the scenario of an Occupational 
Therapist involved in the rehabilitation of a client with a head 
injury and the limitations that will hamper the rehab process when the 
aim is to return the client to employment
Hopefully this should lead to further questions and answers:

Should Occupational Therapists empower the client by informing them of 
their civil rights?

Should Occupational Therapists advocate for diminished environmental 
barriers?

Hope this makes sense.

I would be very grateful if you could offer me any advice, opinions.

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