Learning Disabilities Patients

Key Messages

A learning disability may be defined as a state of arrested global development, occurring pre, peri or post-natally. Some people with a learning disability may have an identifiable cause for their condition, for example genetic conditions such as Down’s syndrome.

People with a learning disability have the same rights of access to health care and treatment as anyone else – this fact should never be in dispute. It is totally unacceptable to refuse or to offer inferior treatment because:

• the patient has a learning disability and / or
• difficulties in obtaining informed consent

This policy and procedure document applies to all staff employed by NHS Lothian working in an inpatient setting who may provide care to this patient group.
People with learning disabilities are extremely vulnerable within a hospital setting and the purpose of a risk assessment is to minimise their vulnerability by identifying, assessing and controlling risks.

The impact of a person’s cognitive impairment can vary enormously. Most adults will have abilities and capacity in many areas of their life – although they may need support in some aspects of daily living. Others may need considerable support with skills and decision-making.

A guardianship order is a court appointment which authorises a person to take action or make decisions on behalf of an adult with incapacity. A guardianship order can  be  in relation  to property and financial matters, personal welfare, or a combination of these.

The principles of the Adults with Incapacity Act should be considered at all times. This means in practice that any procedure should be in the patient’s best interests, it should be the least restrictive option. Practitioners should also take account of the patient’s past and present wishes.