BSL-47 Social Care Wales

Senedd Cymru | Welsh Parliament

Bil Aelod Arfaethedig – Mark Isherwood AS | Proposed Member Bill - Mark Isherwood MS

Ymateb gan: Gofal Cymdeithasol Cymru | Evidence from: Social Care Wales

Question 1: Do you think there is a need for this legislation? Please provide reasons for your answer.

Yes, the legislation will provide clarity and a steer for public bodies. We believe this bill will support public bodies in Wales to provide equitable service and meet the needs of individuals.

Question 2: Do you agree or disagree with the goals that the Bill seeks to achieve? Please provide reasons for your answer.

We agree with the goals of the bill.  We agree with and support the removal of barriers for deaf people and their families across Wales and support how the goals within the bill aim to redress these and provide more equitable public services in Wales. Utilising the Well Being of Future Generations reporting cycle as a lever for monitoring work ensures reporting is included within already established mechanisms.

This bill also may support the adoption of the social model of disability within the public sector as well as the linguistic minority model.

Question 3: Do you agree that the Bill should include proposals to promote and facilitate the use of BSL and its tactile forms?

Yes

Question 4: Do you agree that the Bill should support the various Welsh regional dialects of BSL?

Yes

Question 5: Do you think that the term ‘BSL users’ should be replaced with ‘BSL signers’, recognising that BSL is a language which includes both deaf and hearing signers? Please provide reasons for your answer.

Yes.

Question 4 - in this regard a similar approach should be taken to the Welsh language. If equal status is given to regional dialects in Welsh, the same should apply to BSL.

Question 5 - This will mirror other language ‘speakers’.

Question 6: Do you think that the term ‘deaf BSL signers’ can be used when referring to BSL users/signers who are medically or audiologically deaf?  Please provide reasons for your answer.

Yes.

Legalisation should not define one’s identity. It would be up to individuals to decide if they are BSL signers. The term ’BSL Signers’ would also cover hearing people who can sign. 

It is good practice to ask BSL signers whether they prefer to use the term ’Deaf‘ or ’deaf’. Some native BSL signers may prefer to be identified as ’Deaf‘ as opposed to ’deaf’.

By establishing this, it will help public bodies such as health and social services to use the correct terms as opposed to “hearing impaired”.

Question 7: Do you agree or disagree that deaf communities:

Agree.

As with all areas of our work, we think it is important that those who have lived experience or knowledge, be part of service design. By giving the opportunity and platform to have a voice in design and delivery, it enables those with lived experience to contribute to services which affect them and support feelings of ’cynefin‘. This should include unpaid carers or next-of-kin who are D/deaf BSL signers.

Strongly agree.

We believe that this approach will complement the Social Services and Wellbeing (Wales) Act 2014.

Question 8: Are there any specific communication methods used by deaf people that you would like the Bill to reference/include?

None

Question 9: What do you believe are the main barriers that currently exist for deaf people and/or their families in the following areas. Please tick all that apply and provide information/examples on each area:

Health; Social Care.

Health

During our development of Good Work: A Dementia Learning and Development Framework for Wales (BSL),  evidence suggested that D/deaf BSL signers  who are unpaid carers, were side-lined by medical professionals. It was requested that the D/deaf carer nominate hearing family members to facilitate conversations on their behalf, despite the D/deaf carer being next of kin on the medical records.

Social Care

Currently, in Wales, there is no specialist dementia assessment for D/deaf BSL signers. Families would have to travel to England to obtain an assessment. Furthermore, there is no specialist mental health service for D/deaf BSL signers in Wales.

Social Care services are often willing to book BSL/English interpreters, however, knowledge of engaging with D/deaf BSL signers and understanding the cultural differences isn’t consistent across Wales.

Question 10: Do you agree or disagree with the proposal to establish a BSL Commissioner for Wales, and, do you have any different suggestions or alternatives? Please provide reasons for your answer.

Yes

Question 11: The proposed remit of the Commissioner would be to:

§    formulate BSL standards;

§    establish a BSL Advisory Panel;

§    produce reports every 5 years in BSL, Welsh and English on the position of BSL in that period;

§    provide guidance and a process for public bodies to promote and facilitate BSL in their respective domains;

§    establish a procedure for the investigation of complaints.

Do you agree with the proposed remit of the Commissioner, and are there any other provisions you would like to include in the Commissioner’s remit? Please provide reasons for your answer.

Yes, we agree with the proposed remit.

Inclusion of BSL impact assessment could be considered as a part of wider equality impact assessments, ‘Well-being of Future generations’ assessments and also whether an impact assessment similar to that of the Welsh language should be included. This will enable public bodies to demonstrate how incorporating considerations around BSL in their planning may/will have an impact.

Question 12: Do you agree that the BSL Commissioner and the BSL Advisory Panel members should be fluent users/signers?

Yes

Question 13: Do you think that the proposed BSL Commissioner and Advisory Panel should prioritise the following. Please tick all that apply and provide reasons for your answer.

Enabling deaf users/signers to lead the development of policies and implementation of services for BSL users/signers; Early years language support for deaf children and their families.

For question 30 - There also needs to be representations on the panel to ensure that the intersectionality and diversity of BSL signers is represented such as global majority, LGBTQ+ etc. There should be native BSL signers (we use the term ‘native’ to describe someone who learned to use a language as part of their childhood development).

For question 31 - As explained in the question regarding barriers for deaf people and/or their families, the panel should prioritise how D/deaf BSL signers can access to BSL specialist service locally as opposed having to travel to England to be diagnosed.

Question 14: Do you agree or disagree with the proposal to place a duty on the Welsh Government to prepare and publish an annual BSL report? Please provide reasons for your answer.

Yes.

This report would establish a standard for public bodies to follow. This also opportunity to share best practice and lessons learnt.

Question 15: Are there any other issues that you would like to raise about the Bill and the accompanying Explanatory Memorandum?

There is a scope for this Bill to consider BSL signers are part of a cultural/linguistic minority group. By acknowledging this, it would help with future service design.

For the regulatory impact assessment, we believe that consideration would need to be given to what support is needed by public services for implementation, ensuring adequate resourcing given stretched financial positions.