As a patient in the NHS or as someone using social services you have a right of equal access to their
services,
regardless of your disability. While this seems straightforward, there
are some issues that can make knowing your rights in health and social
care difficult.
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In the NHS, many decisions about you as a
patient may be medical judgements and these are not necessarily covered
by the Disability Discrimination Act (DDA)
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Many facilities provided by Social Services are exempt from the DDA if they are provided under a legal (Statutory) obligation.
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You have many rights other than those covered by the DDA.
However the DDA can help you to get equality of
access to services. For example you have a right to information in a
form that is accessible to you. Such information would include general
patient’s information leaflets, hospital and GP surgery information
such as opening times and site maps and, importantly, complaints
procedures.
You also have rights of access to GP and dental
surgeries, hospitals and mobile units such as those used for cancer
screening. As adjustments have to be reasonable it may be that a large
hospital would be expected to undertake major access works, whereas a
small dental practice or GP surgery may be able to provide their
service in another way if their premises were inaccessible. This may,
for example, be by arranging a home visit. Similarly with auxiliary
aids, a hospital may be expected to have induction loops at
information/reception counters whereas a small surgery may have a
portable induction loop that could be worn by the doctor or
receptionist when requested.
When you go to a hospital or clinic or surgery you
might need support while waiting for your treatment, or, during
treatment. If you are visually impaired, somebody will need to show you
where important facilities are located, and make sure that you will be
able to get there later if needed. The obvious example is the toilet,
which should also be accessible to people with a mobility impairment -
subject to how reasonable it might be to ensure this (see above).
When staff provide information, or ask questions, or need you to make decisions,
you may need support to help you understand what is going on, or agree
to what happens. If you have to wait for long periods, staff may need
to check out your needs. When you are sent for tests, x-rays etc. in
hospital, you may need support to get there. When you leave the
hospital you may need help with transport. Many of these support issues
apply to anyone using the NHS, but for a disabled person the problems
that can be caused by not having this support may lead to you receiving
a worse service under the DDA.
The success of the medical treatment may depend
upon you having additional support. For example information about
taking medication may need to be in easy-to-understand language or
large type.
If you use social services, similar issues arise.
For example, information should be made made available to you in a
format that you can access.