.

1. Addendum
Level 2 Certificate in Principles of Working
with Individuals with Learning Disabilities
Distance Learning CHC (2019)

2. 2 Distance Learning CHC (2019)
Legislation
Course Material Scottish Equivalent
Legislation
and policies
to promote
human rights,
inclusion,
equal life
chances and
citizenship
Part A
Unit 1
Pg. 4
Human Rights
Act 1998
Scotland Act 1998
http://www.legislation.gov.uk/ukpga/1998/46/contents
Human rights is a subject devolved to Scotland by the Scotland Act
1998. The Scottish Parliament also has the competence to observe
and implement international human rights treaties and works within
that legal framework. The sample principles apply to individuals with
learning disabilities as those in the Human Rights Act.
Part A
Unit 1
Pg. 4
Mental Capacity
Act 2005
Pg. 5
Mental Health
Act 2007
Mental Health (Care and Treatment) (Scotland) Act 2003
https://www.legislation.gov.uk/asp/2003/13/contents
This legislation applies to people who have a mental illness, learning
disability or related condition. Usually when patients are unwell, they
consent to their assessment and treatment. However, in some cases
when someone is mentally unwell and unwilling or unable to consent,
it is necessary to intervene. The Mental Health Act sets out when and
how patients can be treated if they have a mental disorder, when they
can be treated and taken into hospital against their will, and how their
rights are protected.
Adults with Incapacity (Scotland) Act 2000
https://www.legislation.gov.uk/asp/2000/4/contents
This is an important piece of Scottish legislation that provides a legal
framework to safeguard the welfare and manage the finances of
adults, aged 16 and over, who lack capacity due to mental illness,
learning disability or a related condition, or due to an inability to
communicate. The main care groups covered by the Act include
people with dementia, people with a learning disability, people with an
acquired brain injury, people with severe and long-term mental illness,
and people with a severe sensory impairment. Part 5 of the Act is
important in relation to medical treatment and allows treatment to be
given that safeguards or promotes the physical or mental health of an
adult who is unable to consent.

3. 3 Distance Learning CHC (2019)
Mental Health (Care and Treatment) (Scotland) Act (2015)
https://www.mwcscot.org.uk/the-law/mental-health-act/
The Act sets out when and how people can be treated if they have a
mental disorder and when they can be treated or taken into hospital
against their will. The legislation also states what a person’s rights are,
and the safeguards which ensure that these rights are protected.
Part A
Unit 1
Pg. 5
Safeguarding
Vulnerable
Groups Act
2006
Protection of Vulnerable Groups (Scotland) Act 2007
https://www.legislation.gov.uk/asp/2007/14/contents
The PVG Act came into effect on 28th February 2011 and brings the
protection of children and protected adults into one vetting and barring
‘PVG scheme’, whereby individuals with a known history of harm
can be prevented from working with children and/or protected adults
– introducing the concept of ‘regulated work’. The PVG scheme is
administered by Disclosure Scotland.
Part A
Unit 1
Pg. 7
Care Act 2014
Community Care and Health (Scotland) Act 2002
https://www.legislation.gov.uk/asp/2002/5/contents
This Act of Scottish Parliament is in four parts. Part 1 covers
community care, which includes charging and not charging for social
care, accommodation, direct payments and carers. Part 2 looks at joint
working and relationships between NHS bodies and local authorities.
Part 3 relates to health, specifically Health Boards’ Lists. Part 4 is a
general section outlining regulations, guidance and directions.
Regulation of Care (Scotland) Act 2001
http://www.legislation.gov.uk/asp/2001/8/contents
An Act of the Scottish Parliament to establish the Scottish Commission
for the Regulation of Care and the Scottish Social Services Council; to
make provision for the registration and regulation of care services and
for the registration, regulation and training of social service workers; to
enable local authorities to make grants in respect of activities relating
to child care and family support, and to make direct payments to
children in respect of certain care services; to enable the Scottish
Ministers to delegate the power to make certain grants and loans for
social work; to make further provision in regard to payments by local
authorities towards the maintenance of certain children residing with
and being cared for by persons other than their parents; to enable local
authorities to provide and maintain residential accommodation in which
nursing is provided; to make further provision in regard to persons who
have been looked after by local authorities; to amend the definition

4. 4 Distance Learning CHC (2019)
of “place of safety” in the Children (Scotland) Act 1995; to make further
provision as respects the appointment for children of curators ad litem,
reporting officers and safeguarders; as well as for connected purposes.
Part A
Unit 1
Pg. 30
Statutory
Advocacy
Mental Capacity
Act 2005
Mental Health
Act 2007
Adults with Incapacity (Scotland) Act 2000
http://www.gov.scot/Publications/2008/03/25120154/1
The Act introduced a system for safeguarding the welfare and
managing the finances and property of adults (aged 16 and over) who
lack the capacity to act or make some or all decisions for themselves
because of mental disorder or an inability to communicate due to a
physical condition. It allows other people to make decisions on behalf
of these adults, subject to safeguards. The main groups who benefit
include people with dementia, people with a learning disability, people
with an acquired brain injury, people with a severe and chronic mental
illness, and people with a severe sensory impairment.
Mental Health (Care and Treatment) (Scotland) Act 2003
http://www.legislation.gov.uk/asp/2003/13/contents
It increases the rights and protection of people with mental disorders,
which is a term that encompasses:
• Mental illness
• Learning disability
• Personality disorder.
The Act places duties on local councils to provide care and support
services for people with mental disorders.
It introduced changes to develop community-based mental health
services, involvement of service users and unpaid carers in decisions
concerning treatment, and respect for the human rights of people with
mental disorders.
The provisions of this Act are intended to ensure that care and
compulsory measures of detention can be used only when there is a
significant risk to the safety or welfare of the patient or other people.

5. 5 Distance Learning CHC (2019)
Part A
Unit 2
Pg. 78
Legislation and
national policies
(safeguarding
and protection)
The Care Act
2014
The Regulation of Care (Scotland) Act 2001
http://www.legislation.gov.uk/asp/2001/8/contents
The central purpose of regulating care is the protection of people
using care services, particularly vulnerable adults and children. It will
be essential that the new national regulator is adequately funded to
ensure it can guarantee to all those using the system the quality of
care they expect.
Part A
Unit 2
Pg. 78
Statement of
government
policy on adult
safeguarding,
Department of
Health (2011)
The Adult Support and Protection (Scotland) Act 2007
http://www.legislation.gov.uk/asp/2007/10/contents
The Act defines adults at risk as those aged 16 years and over who:
• Are unable to safeguard their own well-being, property, rights or
other interests; and
• Are at risk of harm; and (because they are affected by disability,
mental disorder, illness or physical or mental infirmity)
• Are more vulnerable to being harmed than adults who are not
so affected.
It places a duty on local councils to inquire and investigate cases
where harm is known or suspected.
They have the power to visit and interview people, arrange medical
examinations, examine records, and issue protection orders. They
must also consider whether there is any need for advocacy and other
services, such as help with medication or support services.
Part A
Unit 2
Pg. 79
The Disclosure
and Barring
Service (DBS)
Protection of Vulnerable Groups (Scotland) Act 2007
https://www.legislation.gov.uk/asp/2007/14/contents
The PVG Act came into effect on 28th February 2011 and brings the
protection of children and protected adults into one vetting and barring
‘PVG scheme’, whereby individuals with a known history of harm
can be prevented from working with children and/or protected adults
− introducing the concept of ‘regulated work’. The PVG scheme is
administered by Disclosure Scotland.

6. 6 Distance Learning CHC (2019)
Part B
Legislation
and policies
to promote
personalisation
Pgs. 8 – 10
Care Act 2014
Human Rights
Act 1998
Mental Capacity
Act 2005
Safeguarding
Vulnerable
Groups Act
2006
Mental Health
Act 2007
As set out in the relevant sections above
In addition:
Social Care (Self-directed Support) (Scotland) Act 2013
http://www.legislation.gov.uk/asp/2013/1/contents/enacted
The Act was passed in 2013 and the duties came into force in 2014.
The Act places a duty on local authorities to offer people the four
self-directed support options. These options allow the supported
person to decide how much control they want to have over both their
support and the budget.
The Act contains some other duties and powers, including duties on
authorities to give people information to help them make informed
choices about their support, and a duty on authorities to promote a
variety of support providers in their area for people to choose from.
The Act is accompanied by statutory guidance and regulations and
is supported by a set of best practice guidance for practitioners and
carers, as well as a guide to SDS for supported people.
Part B
Legislation
and policies
to promote
personalisation
Pg. 10
Equality Act
2010
The Equality Act 2010 and The Equality Act 2010 (Specific
Duties) (Scotland) Regulations 2012 (https://www.legislation.gov.
uk/sdsi/2012/9780111016718/contents) require public authorities,
in the exercise of their functions, to have due regard to the need to
eliminate unlawful discrimination, harassment and victimisation and
other prohibited conduct.
Social Work (Scotland) Act 1968
https://www.legislation.gov.uk/ukpga/1968/49/contents
Scottish national guidance on self-directed support is issued under
Section 5(1) of the Social Work (Scotland) Act 1968 and replaces
earlier guidance on direct payments issued on 20th June 2003.
Part B
Legislation
and policies
to promote
personalisation
Pg. 10
Policies
Learning Disabilities Policy
https://www.sldo.ac.uk/about/learning-disabilities-policy/
Information about the Keys to Life, The Same as You?, Health Needs
Assessment Report and other resources.
The Keys to Life Implementation Framework and Priorities are explicitly
aligned to the United Nations Convention on the Rights of Persons
with Disabilities and direct the focus of delivery for learning disabilities
policy across the following four areas:
• A Healthy Life

7. 7 Distance Learning CHC (2019)
• Choice and Control
• Independence
• Active Citizenship.
In 2000, the Scottish Government published a wide-ranging review of
learning disability support and services in Scotland. The Same as You?
outlining a 10-year programme for service development that emphasises:
• Citizenship and a place in the community free from harm
or discrimination
• Equality of access to mainstream services
• Personalisation, choice and control in service delivery
• Greater investment in high quality, locally-based services and support
• Partnership working across agencies.
The Health Needs Assessment Report 2004 is a learning disabilities
Health Needs Assessment which was undertaken in order to develop
the evidence base relating to the health needs of people with learning
disabilities. Crucially, this report underlined that action needed to be
taken to reduce the health inequalities experienced by people with
learning disabilities.
Part B
Legislation
and policies
to promote
positive
risk-taking
Pgs. 52 – 53
Human Rights
Act 1998
Mental Capacity
Act 2005
Mental Health
Act 2007
Equality Act
2010
Care Act 2014
Policies
(Valuing People)
Descriptions of the relevant Scottish legislation and policies are given
earlier in this document (Legislation and Policies to Promote Human
Rights). The Scottish equivalent to Valuing People is the Keys to Life.

8. 8 Distance Learning CHC (2019)
Part C
Pg. 39
Legislation
supporting a
right-based
approach
Human Rights
Act 1998
Mental Capacity
Act 2005
Equality Act
2010
Care Act 2014
Descriptions of the relevant Scottish legislation and policies are given
earlier in this document.
Guidance, frameworks and other resources
Course Material Scottish Equivalent
Part A
Unit 1
Pg. 7
Putting People
First (2007)
Self-Directed Support: A Review of the Barriers and Facilitators
https://www.gov.scot/publications/self-directed-support-review-
barriers-facilitators/pages/1/
This is a report on the published literature on the barriers and
facilitators of self-directed support. It was undertaken to inform a
research study funded by the Scottish Government 2009 – 2011 that
was evaluating initiatives in three local authorities. These initiatives
aimed to improve take up of self-directed support for people eligible for
social care and other public funds.
Part A
Unit 1
Pg. 8
Further
Research
The Keys to Life
https://www.scld.org.uk/the-keys-to-life/
This is Scotland’s learning disability strategy. It is a long-term strategy
based on a commitment to human rights for people with learning
disabilities. Launched in 2013, it builds on the success of ‘The Same
as You?’, the previous strategy which was published in 2000 following
a review of services for people with learning disabilities. The strategy
was developed by the Scottish Government with COSLA and a wide
range of statutory and third sector partners, together with people with
learning disabilities and carers.

9. 9 Distance Learning CHC (2019)
Part A
Unit 1
Pg. 30
Statutory
advocacy
Scottish Commission for Learning Disability (SCLD) (Advocacy)
https://www.scld.org.uk/what-we-do/policy-issues/advocacy/
The Keys to Life (see above) Recommendation 32 calls for SCLD to
scope advocacy services in Scotland. SCLD has now carried out
this scoping exercise, which aimed to establish the levels of provision
of independent advocacy for people with learning disabilities across
Scotland, to assess its effectiveness and impact, and to identify levels
of unmet need and barriers to access. The aim was to identify effective
approaches or models of provision, as well as examples of good practice.
Key findings from this exercise include the following:
• There appear to be substantial variations in the choices available to
people with learning disabilities across different local authority areas
• Many people who have had an advocate report that their
involvement was beneficial
• Reported benefits to having an advocate were often ‘soft
outcomes’, such as feeling more confident about speaking up,
feeling calmer, being listened to, having processes and rights
explained, and having help to articulate views
• ‘Hard outcomes’, such as having an identified problem resolved,
were reported less often
• There are some gaps in provision of independent advocacy, and
some doubt as to whether everyone with a learning disability
understands their right to access advocacy services.
The report makes a number of recommendations under the
following headings:
• Increasing access to provision
• Improving strategic planning and commissioning
• Developing monitoring and evaluation practices; and
• Facilitating knowledge exchange and learning.
Part A
Unit 1
Pg. 43
Advocacy
service
Scottish Independent Advocacy Alliance
https://www.siaa.org.uk/
Independent advocacy is a way to help people to have a stronger
voice and to have as much control as possible over their own lives.
Independent advocacy organisations are separate from organisations
that provide other types of services. An independent advocate will not

10. 10 Distance Learning CHC (2019)
make decisions on behalf of the person/group they are supporting.
The independent advocate helps the person/group to get the
information they need to make real choices about their circumstances
and supports the person/group to put their choices across to others.
An independent advocate may speak on behalf of people who are
unable to do so for themselves.
Part A
Unit 1
Pg.45 – 46
Campaign
groups
Enable Scotland
https://www.enable.org.uk/about-us/
Enable Scotland is a charity founded in 1954 by five sets of parents
with children who had learning disabilities. The charity’s focus is on
working towards an equal society for every person who has a learning
disability. As the largest member-led learning disability charity in
Scotland, its members are the voice of the organisation.
Every day, Enable Scotland:
• Campaigns to end discrimination and break down the barriers that
prevent people who have a learning disability from living as equal
members of society
• Raises funds to support families who have nowhere else to turn
and create more opportunities for people who have a learning
disability to make connections and be active in their communities
• Provides personalised support that enables people who have a
learning disability to find work, develop their skills and live the life
they choose.
Learning Disability Alliance Scotland
http://www.ldascotland.org
The Learning Disability Alliance Scotland exists to support an alliance
of organisations by working with adults with learning disabilities who
use their services and facilitating their active engagement in the political
process. We provide a politically neutral supporting role to help people
with learning disabilities to resolve matters of importance to them, their
families, carers and service providers.
Scottish Commission for Learning Disability (SCLD)
https://www.scld.org.uk/
SCLD is the lead strategic partner to the Scottish Government in the
delivery of learning disability strategy and policy. It is an intermediary
organisation for the learning disability sector in Scotland, committed
to finding new and better ways to improve the lives of people with
learning disabilities.

11. 11 Distance Learning CHC (2019)
Part A
Pg. 65
Further
Research: Safe
Places
Hate Crime (Scottish Commission for Learning Disability)
https://www.scld.org.uk/what-we-do/policy-issues/hate-crime/
In 2017, SCLD published the report Hate Crime and Third Party
Reporting Centres: A mapping and scoping exercise. The aim of this
report was to ascertain whether those places listed as TRPCs on the
Police Scotland website still considered themselves to be fulfilling this
role, and, if so, how hate crime reporting was handled by staff. The report
also sought to understand the extent to which listed TRPCs understood
the differences between hate crime and gender-based violence.
From 2015 to 2017, SCLD administered the Scottish Government’s
Keys to Life Development Fund. As part of this process, SCLD
published four ‘how to’ guides based on the four themes (Employment,
Hate Crime, Parenting and Social Connectedness) under which
projects were funded. The ‘How to Guide’ for the two hate crime
projects (run by I Am Me and The Advocacy Project) can be found on
the webpage linked to above.
Part A
Pg. 80
Multi-agency
protection
arrangements
Adult Support and Protection (Scottish Government)
https://www2.gov.scot/Topics/Health/Support-Social-Care/Adult-
Support-Protection
Webpage of the Scottish Government with links to legislation,
practitioners, the policy forum and national priorities information.
Part A
Pg. 103
Useful websites
Mental Health and Learning Disabilities (NHS Education
Scotland)
https://www.nes.scot.nhs.uk/education-and-training/by-theme-
initiative/mental-health-and-learning-disabilities/our-work,-publications-
and-resources/learning-disabilities.aspx
Links to a range of educational resources about learning disabilities.
Scottish Learning Disabilities Observatory
https://www.sldo.ac.uk/
The Observatory has been set up to provide better information about
the health and healthcare of people with learning disabilities and
people with autism in Scotland. The Observatory will generate and
translate information into knowledge that is designed to inform actions,
practice and policy to benefit people with learning disabilities and
people with autism.
The Keys to Life
https://www.scld.org.uk/the-keys-to-life/
This is Scotland’s learning disability strategy. It is a long-term strategy
based on a commitment to human rights for people with learning
disabilities. Launched in 2013, it builds on the success of ‘The Same
as You?’, the previous strategy which was published in 2000 following

12. 12 Distance Learning CHC (2019)
a review of services for people with learning disabilities. The strategy
was developed by the Scottish Government with COSLA and a wide
range of statutory and third sector partners, together with people with
learning disabilities and carers.
Turning Point Scotland
http://www.turningpointscotland.com
Turning Point Scotland provides person-centred support to people
with learning disabilities and Autism Spectrum Conditions (ASCs)
across Scotland.
Learning Disability and Autism
https://www2.gov.scot/Topics/Health/Support-Social-Care/Support/
Learning-Disability-Autism
The Scottish Government is working to improve services for people with
a learning disability through implementing the recommendations of the
Same as You? (SAY) review (https://tinyurl.com/yyocv7lh), published
in 2000. This review suggests that people with learning disabilities will
continue to grow by over 1% a year over the next 10 years and aims
to change people’s lifestyles for the better by improving the range and
quality of services, and the way that agencies work together.
Additional Support for Learning
https://www.gov.scot/policies/schools/additional-support-for-learning/
By law, education authorities must identify, provide and review the
additional support needs of their pupils which can arise in the short or
long-term as a result of the learning environment, family circumstances,
health, well-being needs or a disability. This webpage provides links to
the relevant information, key guidance, review and more.
Special Schools and Units
https://education.gov.scot/parentzone/my-school/choosing-a-school/
Special%20schools%20and%20units
The needs of some children and young people will be better met in
specialist settings rather than in mainstream schools. It is important
that the views of parents and children are taken into account when it
comes to school placement and that there continues to be an element
of choice in provision. Approaches differ between local authorities: some
local authorities offer specialist settings within mainstream schools,
whereas others have no special schools.
Many special schools are among the best schools in Scotland and
ensure positive outcomes for children and young people, as well as high
quality support for them and their families. Excellent education is offered,
with very effective leadership from head teachers and principals.

13. 13 Distance Learning CHC (2019)
Part B
Unit 3
Pgs. 2 – 7
The meaning of
personalisation
in social care
Transforming Social Care: Scotland’s progress towards
implementing self-directed support 2011-2018
https://www.gov.scot/publications/transforming-social-care-scotlands-
progress-towards-implementing-self-directed-support/pages/1/
A publication that reports on the progress made towards implementing
self-directed support in Scotland between 2011 and 2018.
Part C
Unit 5:
Introductory
awareness
of autistic
spectrum
conditions
Pgs. 2 – 35
Scottish Strategy for Autism (2011)
http://www.gov.scot/Resource/Doc/361926/0122373.pdf
This first chapter is a free-standing condensed version of the
strategy with an overview of what autism is and the challenges which
individuals with the condition and their families face in everyday life. It
then describes how the autism strategy will address their needs over
the next 10 years.
Chapter 2 provides more detailed information on the issues contained
in the overview for those who want to take more time to understand
the issues in greater depth. It explains the context behind each of the
recommendations and why these are critical to success.
Part C
Unit 6
Pgs. 68 – 69
Resources
for accessing
healthcare
services
Mental Welfare Commission for Scotland
https://www.mwcscot.org.uk/
The MWC is an independent organisation working to safeguard the
rights and welfare of everyone with a mental illness, learning disability or
other mental disorder in Scotland. It publishes good practice guidance
and provides advice and information about rights and best practice in
relation to two laws: The Mental Health (Care & Treatment) (Scotland)
Act 2003 and the Adults with Incapacity (Scotland) Act 2000.
Scottish Consortium for Learning Disability (SCLD)
https://www.scld.org.uk/
SCLD is a charity that is made up of 12 partner organisations who
have joined together with funding from the Scottish Government to
help people make the changes set out in The Same as You?
The Knowledge Network: Learning Disabilities portal
http://www.knowledge.scot.nhs.uk/home/portals-and-topics/learning-
disabilities-portal.aspx
(Website under review as of 10 March 2019)
The NHS Education for Scotland’s portal provides information,
resources and education for health and social care staff supporting
children and adults with learning disabilities in Scotland.

14. 14 Distance Learning CHC (2019)
Getting it right together: Learning how to confidently meet
the healthcare needs of people with learning disabilities
http://www.healthcareimprovementscotland.org/default.
aspx?page=11863
A range of publications by Healthcare Improvement Scotland
Mental Welfare Commission Guidance on General Hospital
Care
https://www.mwcscot.org.uk/publications/
The Mental Welfare Commission produces a range of publications,
from investigations into the treatment of individuals, to good practice
guides for professionals.
ENABLE
https://www.enable.org.uk
ENABLE is the largest Scottish organisation for people with learning
disabilities and their families.
PAMIS
http://www.pamis.org.uk/
Established in 1992 to provide support for people in Scotland with
Profound and Multiple Learning Disabilities (PMLDs), their family and
paid carers.
Sense Scotland
http://www.sensescotland.org.uk/
Offers a range of services for people whose complex support needs
are caused by deafblindness or sensory impairment, physical, learning
or communication difficulties.
Down’s Syndrome Scotland
http://www.dsscotland.org.uk/
Provides a range of services, as well as campaigning to promote the
interests of people with Down’s Syndrome and their families.
Scottish Independent Advocacy Alliance (SIAA)
http://www.siaa.org.uk/
SIAA is committed to finding an advocate for every vulnerable person
in Scotland.
Association for Real Change (ARC)
https://arcuk.org.uk

15. 15 Distance Learning CHC (2019)
ARC is a forward thinking National Charity with a dedication to
promoting real change in the learning disability sector.
ARC supports members in a multitude of ways, including providing
access to information, network meetings, training, qualifications and
an enormous background of collective experience and practical
knowledge applicable to everyday problems.
• Its diverse community of member organisations have the
opportunity to network, share good practice and get advice from
each other.
• It provides quality information – their Real People fortnightly
email shares best practice, guidance news and information of
interest
• It manages innovative projects, working in partnership with
funders such as Skills for Care, the Department of Health and Big
Lottery Fund
• It helps to build a skilled workforce, through training, City &
Guilds qualifications and programmes, and providing support.