31/1/06 'New' complaints Department of Health 's investigation into Valuing People's Team Dear Sandra Salmon and Neil Armstrong, Health Service Ombudsman I want to make a 'new' complaint which is fully explained below on this matter. You have my permission to attain copies of a full record of all my complaints from Victoria Fraser and Sam Cameron,at the Department of Health at:- [log in to unmask] and [log in to unmask] on this matter. I will add that I have recieved no responses to all my complaints from Professor Sheehan or Mr Rob Grieg, at the National Valuing People's Team and I feel that I've been treated less favourable as a autsitic/neurodiverse disabled person and they have refused to make 'reasonable-adjustments' in my case, under DDA 1995. I also feel that I have not been afforded a 'fair-hearing', under Article 6; HRA 1998 on this matter too. Yours Sincerely Mr Colin Revell.... See response from Victoria Fraser, DoH to my complaints.... Dear Mr Revell I have now completed my enquiries into your complaint. I have contacted Professor Sheehan's Private Office concerning your correspondence. They have conducted a thorough search for an email or letter from you but can find no record of receiving anything other than a copy of my letter to you in which I advised you to contact Professor Sheehan 's office directly. I can find nothing to add to the information I provided in my letter of 5 December and am sending this to you again for your information. (attached below) Professor Sheehan offers his apologies for being unavailable. As you can imagine, the nature of his work means that he is in planned meetings every day. His office has reviewed the letter I sent you on 5 December and confirmed that there is nothing new to add. I am sorry that I am unable to offer any additional information and apologise that I was not able to reply sooner. Please note that, although we will be happy to respond to a fresh enquiry from you, we will not reply to requests which repeat queries where we have already responded in full. May I also take the opportunity to remind you that any request for information should be directed to the Department of Health Customer Service Centre either in writing, by telephone to 020 7210 4850, or by email to [log in to unmask] Yours sincerely Veronica Fraser Customer Service Centre My earlier reply follows. If you would find it more convenient to read this again as a letter, please reply with a postal address. Richmond House 79 Whitehall London SW1A 2NS Tel: 020 7210 3000 Our ref: CSCOM52445 ( CSCOM 43198) [log in to unmask] 5 December 2005 Dear Mr Revell Thank you for your recent contact expressing your concerns about the impact of Valuing People on people with neuro-diversity. I am sorry that it has taken me so long to gather the additional information as promised. Your original enquiry concerned the extent to which autistic spectrum disorders (including Asperger's Syndrome, ADHD, dyspraxia, dyslexia, Tyrhetts' syndrome and other neuro-diverse impairments) are included within the classification of learning disabilities. I am now able to provide the following information. As you know Valuing People: a new strategy for learning disability for the 21st century was published in March 2001. This cross-government paper was the first White Paper for people with learning disabilities for 30 years. It is based on the four key principles of rights, independence, choice and inclusion. Valuing People says that the definition of Learning Disability covers adults with autism who also have learning disabilities, but not those with a higher level autistic spectrum disorder who may be of average or even above average intelligence. This includes some people with Aspergers Syndrome and the other impairments you have listed such as ADHD, Dyspraxia, Dyslexia, Tyrhett's syndrome and other neuro-diverse impairments. Guidance was sent out clarifying the policy for people with Asperger's, following publication of Valuing People in 2001 as LAC (2001) 23: Valuing People Implementation. This guidance states that 'Adults with Aspergers Syndrome or higher functioning autism are not precluded from using learning disability services'. We issued this guidance because at the time of publishing Valuing People (2001), the National Autistic Society was concerned that people who currently got support from such services might have that withdrawn as a result of Valuing People's publication. In relation to people with Aspergers Syndrome and other people with Autistic Spectrum Disorders who do not have a learning disability, it is the responsibility of local service commissioners and providers to ensure appropriate services are in place, and these may be from within learning disability services, hence the guidance not precluding people without learning disability from such services. Considering IQ alone is not sufficient to determine whether someone meets the definition of learning disability. An IQ slightly above 70, if associated with impaired social functioning may mean that services view someone as having a learning disability. However, an IQ substantially above 70, even if associated with impaired social functioning, would mean that someone would not be considered to have a learning disability. Valuing People covers adults with autism who also have learning disabilities. It is for local service providers to assess the individual's need, look at the balance between the determining factors and decide on the appropriate services to meet those needs. Your enquiry also concerned whether multiple complex needs would be addressed by the learning disabilities services or the mental health services. The Department of Health recognises that Asperger's syndrome is a developmental disorder on the autistic spectrum, sometimes called 'higher functioning autism', and that there is wide variation in the social adaptation of people with Asperger's syndrome in adolescence and adulthood. As a result, it is often difficult to identify the best way of supporting each individual. We recognise that those who need health or social services sometimes find themselves less than ideally served by learning disability or mental health services at a local level, and often fall between them. Valuing People: The Story So Far (2004) the National Director's report on progress says that whilst the Prime Minster's Strategy Unit report Improving Life Chances for Disabled People (2005) will help, it needs to be clearer on how Government policy for people with autism and Aspergers Syndrome is to be delivered. (my emphasis) Liam Byrne made a commitment to respond to Rob Greig's report through the forthcoming White Paper on Health and Social Care, 'Care closer to home'. The consultation process for this paper has actively involved 'hard to reach' groups such as people with ASD's. The consultation is complete and I anticipate that the White Paper will be published by the end of 2005. You may wish to look at this Paper before contacting the Department again. I hope that this reply answers the questions you first raised with Rob Grieg. Once again I apologise for not directing your enquiry to the right contacts to get you a reply sooner. I understand that following this answer you may still be dissatisfied with aspect of the Department of Health and therefore I am repeating the link to the Department of Health Complaints Procedure. http://www.dh.gov.uk/ContactUs/ComplaintProcedures/ComplaintArticle/fs/en?CONTENT_ID=4065201&chk=XGrAPc As with most complaint procedures, the first stage is to seek local resolution. I understand that part of your complaint concerns the difficulty you have experienced in contacting Professor Sheehan. If you have not already done so, I suggest that you put this to him in writing or by email via dhmail.gsi.gov.uk This will be passed on to Professor Sheehan. If you are not satisfied after you have received a reply from his office, I will progress your complaint. If your complaint concerns me or any other member of Department of Health staff, you should write (or email) directly or via dhmail stating your complaint as clearly as possible. Please do not telephone Rob Grieg's or Professor Sheehan's office. I hope this reply is helpful. Yours sincerely Veronica Fraser Head of Complaints Customer Service Centre Veronica Fraser Head of Knowledge Management, Public Enquiries and Complaints Customer Service Centre Department of Health 79 Whitehall LONDON SW1A 2NS 0207 210 5428/5515/4890 07867 537890 mobile _________________________________________________________________ Be the first to hear what's new at MSN - sign up to our free newsletters! http://www.msn.co.uk/newsletters ________________End of message______________________ This Disability-Research Discussion list is managed by the Centre for Disability Studies at the University of Leeds (www.leeds.ac.uk/disability-studies). Enquiries about the list administratione should be sent to [log in to unmask] Archives and tools are located at: www.jiscmail.ac.uk/lists/disability-research.html You can JOIN or LEAVE the list from this web page.