Steven Lowrie’s Post

This is 𝗜𝗻 𝗮 𝗡𝘂𝘁𝘀𝗵𝗲𝗹𝗹 - a new series where we simplify and share the literature on Supported Decision Making. First up is Jo Watson’s 2016 article on Assumptions of Decision-Making Capacity: The Role Supporter Attitudes Play in the Realisation of Article 12 for People with Severe or Profound Intellectual Disability. We’ve summarised 3809 words down to 381 for you. Let’s go: The UNCRPD says that everyone has a right to ‘legal capacity.’ This means that everyone has a right to be recognised as a person before the law and to direct their own life. Both Australia (where Jo is from) and New Zealand have said that they will follow this – except for people that have ‘limited decision-making capacity.’ But everyone means everyone. Even those that have severe or profound intellectual disabilities, or do not communicate in intentional or verbal ways. Everyone communicates preferences, and preferences can be built into decisions. The UNCRPD also outlines the social model of disability. This says that people are disabled through the interaction of their impairments with the systems and environments around them. The model works the other way too – people can be enabled through the interaction of their own skills and the supports available in the systems and environments around them. So capacity equals the combination of a person’s own cognitive capability and the quality of their supports. Jo conducted research with five people with severe or profound intellectual disabilities and their supporters. She observed them practising supported decision making together. She also interviewed them and gave them a questionnaire. She found that the process of Supported Decision Making has two clear roles. The first role is for the person with the disability who is the Supported. The second role is the Supporter. The Supported’s job is to express will and preference. This could be intentional and use words, or not. The Supporter’s job is to respond to the expressions of will and preference of the Supported. Responding means to acknowledge and interpret and act on the expression of will and preference. Responsiveness is the feature of Supported Decision Making that has the most variability. Jo observed that the Supporters that were the best at responding were also the Supporters had positive presumption. These Supporters expected that the people they support could direct their own lives. On the flipside, negative presumption lead to poor responsiveness and reduced opportunities.* The article finishes with a call to action: our laws, policies and practices must focus on improving the responsiveness of Supporters. The most effective way to do this is by helping Supporters to understand that everyone has both the right and the ability to choose their own life. *Refer to the official video campaign for World Down Syndrome Day 2024: Assume that I can, so that maybe I will.” 

This story illustrates the importance of the social model of disability in effectively addressing neurodiversity at work. A postal delivery worker was making repeated mistakes when sorting letters into the sections of the frame used to prepare for delivering them. It got to the stage where management was threatening to discipline, or even sack, him. The worker went to see his trade union representative. The rep, who is dyslexic, made the member feel comfortable enough to open up about their problem, and between them, they soon realised that the worker was probably dyslexic, although he did not have a formal diagnosis. The worker and the rep wondered whether that particular frame was causing the problem, as it contained lots of addresses with the same first word but a different second word eg. Road, Street, Close, Avenue. The union rep tried sorting mail on this frame and came up against the same problems that the worker had. The delivery office considered this particular frame a priority for prompt delivery of mail, which created additional pressure on the worker, which had led to more mistakes. The rep explained the issue to the delivery office manager, who knew nothing about dyslexia and was hostile at first. The rep persisted, and persuaded management that dyslexic workers be allocated to other frames. The worker – and other dyslexic workers – now make far fewer mistakes and experience less distress. The social model of disability recognises that barriers disable people with impairments or differences This story illustrates the importance to neurodivergent workers of the social model of disability. The employer was applying a medical (also known as individual) model of disability, seeing the problem as coming from the worker. In contrast, the union rep applied the social model of disability, looking for – and finding – barriers presented by the workplace to the dyslexic worker. Under the medical or individual model approach, the worker was the problem, and the only ‘solution’ the employer could identify was to discipline or sack him. Under the social model approach, it was the street names in a particular sorting frame that were the problem, and the solution was for dyslexic workers to work on other frames. The union rep had taken part in a training course on neurodiversity in the workplace, which had been arranged by his trade union and delivered by Red in the Spectrum. His main takeaway from the training was the social model of disability, and the story above is just one example of how he has applied it in practice. Contact Red in the Spectrum to arrange neurodiversity training for your trade union, your workplace or other organisation you are involved in, and use what you learn to put the social model of disability into practice! More here: https://lnkd.in/ebUG-smB #neurodiversity #dyslexia #socialmodel

Using neurodiversity—or any form of diversity—as an excuse to justify unprofessional behavior undermines the genuine struggles and efforts of people with disabilities who work hard to succeed in their careers. It also perpetuates harmful stereotypes and stigmas, making it harder for individuals with disabilities to be seen as capable and professional. Advocating for neurodiversity in the workplace is about creating environments where everyone can thrive, with the right accommodations and support systems in place—not about excusing bad behavior. This distinction is crucial for fostering inclusion, building trust, and ensuring people with disabilities are respected for their contributions and professionalism. In the last few months, I have encountered several instances where people have used neurodiversity as an excuse to justify extremely rude and unprofessional behavior. This is disrespectful especially when it comes from people who have the privilege of having education and work experiences that are typically not available to people with Intellectual and Developmental disabilities. I find it particularly offensive when people use neurodiversity for their convenience. ADHD, Anxiety, Depression are more common human conditions today (in part due to covid) that are often used to take advantage of opportunities. People, in conversations(especially in job interviews), seem to be focused heavily on highlighting the disability rather than talking about their experiences. Almost, as if, to force an advantage over others. Truth is, many people with disabilities don’t want to focus on their disability. Many people with IDD are completely unaware of their disability or are unable to articulate what their disability is. I recently spoke to someone who talked about their experiences, their work, their interests without once mentioning their disability. I could see it but we didn’t talk about it. It was not relevant to our conversation because we connected as people interested in learning about each other. I have always believed that disability is a human experience. Disability is not something that impacts 15% of the population. It impacts everyone. We will all be disabled at some point in our lives. Rather than shine a light on the disability which is one small aspect of our life, we should consider shining a light on who we are as people! And for those of you who are using neurodiversity as a “trend” , remember that all trends … end and so will your chance at landing good opportunities. Your dishonesty is disgusting and disrespectful. Take a minute to observe, listen and learn from a group of people with disabilities- they are not afraid or ashamed to be who they are. They don’t talk about being disabled. They talk about their dreams, their aspirations and how hard they are working to achieve them. How’s that for a trend?

Do you have a colleague on your team who has dyslexia?   Did you know that dyslexia is legally classified as a disability in Ireland if it causes a substantial impact on a team members ability to fulfil their workplace duties?   Yesterday, in the Workplace Relations Commission Jigsaw – Ireland’s Youth Mental Health Charity were ordered to pay €7,000 to a staff member who has #dyslexia and repeatedly sought reasonable accommodations such as installing Grammarly on her computer and allowing for minute taking during meetings. The reasonable accommodations Caoimhe Gorrell sought from Jigsaw had little to no cost implications yet were not provided. Instead, her employment was terminated during probation.   It is important for employers to know that if you have an awareness of a potential disability during a probationary period, you must look into the provision of reasonable accommodations. If the staff member is actively seeking support from you then you certainly must place significant efforts into providing accommodations unless this places you under a disproportionate burden. The WRC felt installing Grammarly and taking meeting minutes was not disproportionately burdensome on Jigsaw and awarded the case in Ms. Gorrell’s favour.   Having a Reasonable Accommodation Policy and a Reasonable Accommodation Process is essential for all Irish employers, especially those with larger staff numbers.   Also, completing Reasonable Accommodation Training is a key first step in creating disability inclusive workspaces.   Ability Focus is the only organisation in Ireland who deliver #CPD accredited Reasonable Accommodation Training which focuses on the key areas of workplace supports for colleagues with disabilities. This training is 90% grant funded from the DSP. Get in touch at info@abilityfocus.ie or call (01) 699 1150 to find out more about training and policy supports. Alternatively reach out to Stephen Kelly on Linkedin. #ReasonableAccommodation #DisabilityInclusion #Diversity #Neurodiversity

Thanks to Jamie Shields for sharing this very helpful illustration of how a manager can respond when an employee shares their disability. This is a question that we address is our Disability Inclusion trainings and this diagram is on point and easy to understand. Please also note that many of these suggestions apply outside the workplace. Our favorite and ongoing mantra - Don't Assume - Ask The Person (ATP)! Image Description: Disabled by Society graphic. The title text reads, “What a People Manager should do when someone shares their Disability”. Below 8 coloured boxes with headings and text, they read: 1. Listen, Don’t interrupt the person and listen with intent not to react. 2. Don’t Be Ableist, Don't compare us to your cousin/ aunt/ uncle etc.. or any other Disabled person you know and don't tell us we don't look it. 3. Don’t Assume, Don't make assumptions about what we can and can't do. Ask how a person how they self-identify. 4. Lead with Empathy, Acknowledge and thank the person. Ask if there is anything you can do to make work accessible and inclusive for them. 5. Know The Process, Not knowing the adjustment/ accommodations process is not going to reassure us. You should know this. 6. Keep Your Word, If you have agreed to follow up or have pending actions, follow through, and in a person's preferred communication style. 7. Check In, Don't just forget the conversation and move on. Review regularly over the first few weeks of implementing and then agree a time to review. 8. Educate Yourself, Do research, but don't suddenly act like you know everything. Everyone is an individual, take lead from them.

When we think of progress for those with disabilities, we often frame it as a linear path from one state to another: from unemployed to employed, from dependent to independent, from excluded to included. These are powerful goals, but they also create rigid dichotomies; polarities that often leave out a deeper, more nuanced truth. For individuals with disabilities, these polarities don’t always capture the full experience of life. You can be employed but still feel excluded. You can be independent but still crave support. You can achieve societal milestones but feel disconnected from joy. Read my new blog post: https://lnkd.in/g8UVcxdV #autism #disabilities #idd #intellectualdisabilities #developmentaldisabilities #polarities

Wright v Cardinal Newman Catholic School and Jarman included a successful claim of discrimination arising from disability. The judgment states: “In broad terms, the tribunal concluded that the reasons for this treatment [were] the claimant’s persistence in complaining, the continual raising of grievances, the requests for DSARs etc., and the manner in which he raised such matters… The question for this tribunal is whether that persistence, or, as pleaded by the claimant, “pursuing his complaints tenaciously”, and the manner in which he went about this, was the reason for the claimant's treatment and whether they arose in consequence of his autism and/or other disabilities. In an impact statement provided by the claimant, he described the effect of his disability as exhibiting the following: • Rigidity: I suffer from rigidity of thought. I have a strong sense of needing to stick by what I feel is right or wrong. I have the need to tell people the truth about what I think. I have reduced ability to move on from past events or injustices. As such, I can be seen as inflexible/dogmatic. • Obsessional traits: I have a tendency to fixate on matters, e.g. I obsess about issues and I experience repetitive thoughts. I expect consistency in others. I am analytical about situations and I over think. • Social skills: I experience difficulty in social interaction and communication. I have a tendency to over-communicate/over share. I do not always understand boundaries. Other people often find me too much to handle. For example, because I drive my own agenda in conversations. I am aware that I am not particularly empathetic. I do not recognise other people's feelings very well. I probably come across as difficult and/or uncaring al times. I take things at face value and can misinterpret verbal information. I need clear and simple instructions. I find it more difficult to fit in with a wider community as opposed to a small group. • Increased anxiety/stress: I have a tendency to become anxious and panic. I can come across as emotional. The tribunal looked carefully at the evidence… and concluded that the claimant's behaviours which led ultimately to him being dismissed, arose out of his autism... The respondent relies on justification as a defence to this claim, the legitimate aim being “an effective and capable subject lead of maths who has a functioning and not damaged relationship with the head teacher and senior leadership team”. However… the tribunal did not consider that the respondent acted proportionately. The tribunal could find no evidence that the claimant was not capable of performing his job. A more proportionate response may well have been to have managed the claimant’s performance via a formal process, to assess whether the relationship could be improved... The tribunal… was not satisfied that the relationship with the SLT was damaged as alleged.” Links to the judgments are in the comments. #employmenttribunal

#NDIS CHANGE IN LANGUAGE USED The terms "disability" & "impairment" are often used interchangeably, but they have distinct meanings, particularly in medical, legal, and social contexts. Understanding the difference is crucial for addressing the needs and rights of individuals accurately and respectfully. #Impairment refers to a loss or abnormality of psychological, physiological, or anatomical structure or function. This can be: Physical Impairment: Involving bodily functions or structures, such as the loss of a limb or reduced mobility. Mental Impairment: Relating to cognitive or psychological functions, like memory loss or psychological disorders that disrupt daily functioning. Impairments are typically viewed as the underlying medical conditions that affect specific parts of the body or mind. #Disability, on the other hand, is a broader concept that describes the interaction between individuals with impairments and the barriers they encounter within their #environments that hinder their full and effective participation in society on an equal basis with others. The World Health Organization #WHO emphasizes this interaction, indicating that disability is not just a health problem but a complex phenomenon reflecting the interaction between features of a person’s body and features of the society in which they live. Key Differences & Social Model Contextual Nature: Disability is not solely about the medical or structural impairments of the body or mind; it's about how these impairments limit engagement in normal daily activities when considered within the context of societal #barriers such as accessibility, attitudes, & policies. #Social Model of Disability: This model suggests that while an individual may have an impairment (a medical condition that leads to functional limitations), the disability arises from the environment's inability to accommodate these differences. For example, a person who uses a wheelchair (impairment) is disabled by lack of accessible entrances (environmental barrier). Implications The distinction between disability & impairment has significant implications for: Policy & Legislation: Effective policies must address both the medical needs (impairments) and the social inclusivity (disability) to foster environments where all individuals can #participate equally. Support Services: Understanding these differences helps tailor services and supports that not only treat the medical aspects of impairments but also enhance access and remove societal barriers. #Empowerment & Advocacy: Recognizing the social constructs around disability empowers #advocates and individuals to push for societal changes that go beyond medical treatment to include comprehensive accessibility and equality. By distinguishing between impairment and disability, #stakeholders can better address the holistic needs of individuals, promoting both health and inclusive participation in all aspects of life. Muriel Cummins Marie J.