Annex E
JUSTICE PORTFOLIO REPORT
EXECUTIVE SUMMARY
Introduction
This report covers the Justice portfolio. Each of these five chapters contains an introduction to the relevant policy context, research and statistical evidence on the position of disabled people and progress towards greater equality; findings from the schemes about areas where progress is evident, and areas where it is less evident; and notes on the use of categories of impairment and on the evidence of consultation and involvement of disabled people in the development of the schemes.
The area of justice is complex, covering legal justice as well as other aspects, for example, restorative, social and environmental justice. While there are related areas of importance to the concept of justice such as debates on end of life issues or the rights of vulnerable people, this report confines itself to the core functions of the public authorities related to the justice portfolio. Other portfolio reports have also touched on aspects of justice, for example, the recently established Additional Support for Learning Tribunals are considered in the Education and Lifelong Learning Portfolio and the rights of disabled people in terms of access to care provision under the Mental Health (Care and Treatment) Act 2003 are covered within the Health and Wellbeing Portfolio.
Many of the public authorities in this portfolio have strategic roles in delivering on many of the thematic areas within the portfolio. These authorities include the Joint Police Boards and Forces, the Law Society for Scotland, the Scottish Legal Aid Board ( SLAB) and the Criminal Injuries Compensation Authority, as well as a number of Scottish Government agencies such as the Scottish Court Service, Scottish Prison Service, and the Crown Office and Procurator Fiscal Service. The schemes, action plans and annual reports of each of these bodies are covered in the report.
FOCUS AREAS
Access to justice
The review of policy and research highlighted that access to justice has undergone, and continues to undergo substantial change. The creation of the Mental Health Tribunals established under the Mental Health (Care and Treatment) (Scotland) Act 2003 (addressed as part of the Health and Wellbeing portfolio) and the Additional Support Needs Tribunals established under the Education (Additional Support for Learning) (Scotland) Act 2004 (addressed as part of the Education and Lifelong Learning Portfolio) are two substantial changes in this area, along with the ongoing review of access to civil legal aid. Additionally the creation of the Office of the Public Guardian under the Adults with Incapacity (Scotland) Act 2001 has had an impact in this area.
A key issue in this area is identifying and accessing appropriate legal advice, for example finding a solicitor with appropriate knowledge of disability discrimination law may be difficult as there is no provision made by the Law Society for this to be noted as a specialism in the listings of solicitors. An example of progress here is provided by the Scottish Legal Aid Board which provides information about the accessibility of the offices of solicitors listed on its website. A further example of progress is the register being created under the Legal Profession and Legal Aid (Scotland) Act 2007 which will list all solicitors entitled to provide "advice and assistance".
Evidence of positive activity in schemes and reports includes: improving communication, improving staff skills, through training sessions; improving the physical environment; improving the culture of staff; improving institutional processes, in particular monitoring of progress towards equality; improving financial support for access to justice; increasing accountability for external contractors in relation to meeting legal requirements on disability and improving links with outside bodies and disability groups.
Areas where progress is less evident include: understanding the definitions of disability / categories of impairment; identifying and using baseline data; collating data to be used as a baseline e.g. monitoring usage and accessibility of services; demonstrating the impact of consultation and involvement activities on development of schemes and action plans; identifying and supporting disabled staff members; linking identified issues with appropriate actions; and mainstreaming disability issues into all aspects of policy and practice.
Hate Crime
The review of policy and research shows that hate crime in relation to disability is a developing area in Scotland. Whilst there have been laws in relation to hate crime on grounds of race and religion or belief, none yet exist in relation to disability hate crime. However legislation is currently passing through the Scottish Parliament in relation to this issue and, if passed, will substantially change the context in relation to this issue.
Evidence of positive activity in schemes and reports includes: encouraging reporting and recording of disability hate crime; raising awareness of disability hate crime; sharing information in relation to disability hate crime; and provision of third party and remote reporting.
Areas where progress is less evident include: understanding the actuality of disability hate crime; identifying and recording disability hate crime to build baseline data; addressing disability harassment in relation to staff and service users and nation-wide provision of third party and remote reporting.
Victim Support
The review of policy and research highlights substantial work in relation to victims of crime, however very little in relation to disabled people as victims of crime, for example the Scottish Strategy for Victims makes little mention of disabled people as victims of crime. This is despite the research evidence showing that disabled people fear crime more than non-disabled people (Citizenship Survey 2005) and that the experience of crime may differ for disabled people (Reid Howie Associates 2006).
There are a number of policy developments aimed to support victims generally which may particularly benefit disabled people who are victims of crime e.g. victim notification schemes and victim statements. Where progress is being made it is often generic for example Reid Howie Associates (2006) note that the number of services making specific provision for equality groups is low, however there is an increasing recognition of the need to make information available in accessible formats.
Evidence of positive activity in schemes and reports includes: monitoring and reporting crime; development of third party and remote reporting; improving communications and accessibility of information; including data collection on disabled victims of crime in national surveys; and support for victims and witnesses including use of disability liaison officers.
Areas where progress is less evident include: identifying and recording data in relation to disabled people as victims of crime; and nation-wide provision of third party and remote reporting.
Community Safety
Community safety can take a variety of forms including protecting individuals from harm, in the form of violence, abuse, fire or crime; making communities safer; addressing perceptions of crime and safety; and road safety. For the purposes of this report, only community safety issues relating to the core functions of the public authorities within the justice portfolio have been considered.
Whilst the Fire and Rescue Service plays an important role in promoting community safety, the Chief Officers of the Fire and Rescue Services are not required to produce Disability Equality Duty Annual Reports until December 2008 therefore progress towards disability equality in this area could not be measured at the time of writing (November 2008).
The review of policy and research identified that there was little data in relation to community safety of disabled people. A small amount of data related to disabled people's perceptions of crime or community safety (Citizenship Survey 2005 and Social Focus of Disability Report: Scottish Executive 2004d). A number of policy documents relating to the Fire and Rescue Services considered disability in relation to employees, but not specifically in relation to members of the public.
Evidence of positive activity in schemes and reports includes: improving communication including use of SMS messaging in emergency and non-emergency settings; improving staff skills, through training sessions; providing funding for community safety initiatives such as installation of smoke alarms; dissemination of community safety advice via local organisations and identifying and targeting vulnerable people for such advice (including disabled people); improving the physical environment; improving local knowledge for example registering all people using oxygen in the home as this presents an increased fire risk; increasing accountability for external contractors in relation to meeting legal requirements on disability and improving links with outside bodies and disability groups.
Areas where progress is less evident include: identifying and using baseline data; and collating data to be used as a baseline for example monitoring disabled people's perceptions of community safety and fear of crime in the Scottish Crime and Victimisation Survey.
Progress in relation to disabled people's perceptions of community safety, for example, fear of crime and hate crime, will be better able to be assessed following the next Scottish Crime and Victimisation Survey which will include questions on equality issues.
Licensing
Licensing boards are considered separately due to the distinctive nature of their role compared to other agencies in the justice portfolio. There are over 40 licensing boards in Scotland. These are statutory bodies that derive their power primarily from the Licensing (Scotland) Act 1976, the Licensing (Scotland) Act 2005, the Gaming Act 1968 and the Gaming and Lotteries Act 1963. Generally, licensing boards in Scotland are responsible for administering the licensing of premises that sell alcohol, as well as premises providing facilities for gambling, such as betting offices, bingo clubs, etc. under the Gambling Act 2005.
The review of policy and research highlighted that statistical evidence relating to the position of disabled people and the areas addressed by licensing boards are not readily available. A number of licensing board schemes have made reference to research conducted by local authorities or to generic research such as the Disability Rights Commission Key Facts and Figures (Disability Rights Commission 2002).
Evidence of positive activity in schemes and reports includes: improving communication and availability of information; monitoring of license applications and use of licenses to determine the number of disabled people applying for licenses and using licensed premises; and improving the physical environment, including only granting licenses to applicants with accessible premises.
CATEGORIES OF IMPAIRMENT
Most of the schemes reviewed quoted the Disability Discrimination Act definition of disability and many made comment on the social and medical models of disability, noting a commitment to using the social model.
A limited number of public authorities provided either baseline data disaggregated by impairment category, usually those categories highlighted in the Disability Rights Commission guidance, however not all of these bodies identifiably used this information in developing their actions plans.
Some public authorities have specific actions relating to impairment categories, most commonly actions relating to D/deaf people or to people with visual impairments, for example the Scottish Government disability equality scheme makes reference to actions to prevent injuries /death due to fire in relation to people who are deaf or hard of hearing and sexual offences and mental health issues including issues of consent, etc.
Many public authorities also noted actions relating to physical accessibility of premises such as ramps, without considering the adjustments that might be required by people with other impairments.
CONSULTATION AND INVOLVEMENT
Many of the public authorities recognised that contact with disabled groups is useful and helps to build sustainable and fruitful relationships with disabled people both as an employer and as a service provider. A substantial number of the public authorities included a list of consultees as part of their Scheme. None of the public authorities provided information relating to membership of working groups or staff fora by people with specific impairments. For those public authorities with internal advisory groups the focus of their work varies from advising on external work to internal operations such as employment.
Many public authorities commissioned external contractors to hold some form of public consultation event but few noted reporting back to participants the outcomes of the event. On the whole the information provided in relation to consultation and involvement did not show the influence which such activities had had on the development of the schemes.