People with a learning disability are not being protected as they should by the NHS, which is ignoring laws set up for this part of the population, according to a report.
Action must be taken to ensure more is done to help people with a learning disability, says the Independent Inquiry into Access to Healthcare for People with Learning Disabilities report published today.
The team writing the report Healthcare For All says it found convincing evidence that people with learning disabilities have higher levels of unmet need and receive less effective treatment, despite the fact that the Disability Discrimination Act and Mental Capacity Act set out a clear legal framework for the delivery of equal treatment.
The inquiry, led by Sir Jonathan Michael, former Chief Executive of Guy’s and St Thomas’ NHS Foundation Trust, was set up by the DH last year following the deaths of six patients with a learning disability while in the care of the NHS and the subsequent publication of a report by Mencap.
The inquiry found people with learning disabilities find it much harder than other people to access assessment and treatment for general health problems that have nothing directly to do with their disability.
It also found:
- Insufficient attention is given to making reasonable adjustments to support the delivery of equal treatment, as required by law
- Parents and carers of adults and children with learning disabilities often find their opinions and assessments ignored by healthcare professionals
- Health service staff, particularly those working in general healthcare, have very limited knowledge about learning disability and are unfamiliar with the legislative framework. Health needs, communication problems, and cognitive impairment characteristic of learning disability in particular are poorly understood
- Although there are examples of good practice, which the report highlights, witnesses described some appalling examples of discrimination, abuse and neglect across the range of health services.
Amongst the report’s many recommendations is a call for there to be an annual health check; support when a visit to hospital is needed; help to communicate; better information, and tighter inspection and regulation.
Sir Jonathan says in the report: “It was shocking to discover that the experiences of the families described in Mencap’s report, but these are by no means isolated, despite a clear framework of legislation against discrimination.
“I was however, impressed by the many examples of good practice that the Inquiry uncovered and I am clear that we do not need new legislation to make the essential changes that are required from the NHS.
“Instead, we need to ensure that good practice is encouraged to spread more widely, and we need to significantly improve the effectiveness of inspection and regulation in this area.”
Alison Giraud-Saunders, Co-Director at the Foundation for People with Learning Disabilities, said: “Immediate action needs to be taken to implement the inquiry’s recommendations.
“This report is a blueprint for what needs to happen to end the difficulties many people with a learning disability face when trying to access the healthcare most of us take for granted. It’s completely unacceptable that anyone should be disadvantaged in our healthcare system simply because they have a disability.”
Health secretary Alan Johnson said that a full response to the inquiry's recommendations would be published later this year.