Meeting the needs of patients with learning disabilities
BMJ 2013; 346 doi: https://doi.org/10.1136/bmj.f3421 (Published 29 May 2013) Cite this as: BMJ 2013;346:f3421
All rapid responses
Rapid responses are electronic comments to the editor. They enable our users to debate issues raised in articles published on bmj.com. A rapid response is first posted online. If you need the URL (web address) of an individual response, simply click on the response headline and copy the URL from the browser window. A proportion of responses will, after editing, be published online and in the print journal as letters, which are indexed in PubMed. Rapid responses are not indexed in PubMed and they are not journal articles. The BMJ reserves the right to remove responses which are being wilfully misrepresented as published articles or when it is brought to our attention that a response spreads misinformation.
From March 2022, the word limit for rapid responses will be 600 words not including references and author details. We will no longer post responses that exceed this limit.
The word limit for letters selected from posted responses remains 300 words.
We thank Professor Hollins and Dr Tuffrey-Wijne in highlighting some of the key findings of the Confidential Inquiry into premature deaths of people with learning disabilities. The Confidential Inquiry proposed18 key recommendations, which, were they individually and collectively implemented, would lessen the risk of premature of death in people with learning disabilities. We await the response to the recommendations from the Minister of State for Care and Support, the Rt. Hon. Norman Lamb, and the Department of Health, before the end of June 2013. However, the recommendations of the Confidential Inquiry will need sustained action from all of us involved in health and social care and there are opportunities to make a difference now.
Two Direct Enhanced Services (DES) within Primary Care in England now offer health checks to adults with moderate to profound learning disabilities: the DES for learning disabilities offers a comprehensive annual health check to adults with learning disabilities, and the DES for dementia offers a dementia assessment to all people with learning disabilities aged 50 years old or older, or to all people with Down's Syndrome aged 40 years or older. These DESs need a clear, long-term commitment - from primary care professionals to offer them and from NHS England to commission them.
In 2004 the National Patient Safety Agency recognised the vulnerability of people with learning disabilities in general hospitals, with subsequent studies identifying the importance of hospital-based learning disability liaison nurses. We would urge these posts are introduced to all hospitals in England as a matter of priority.
The NHS Outcomes Framework 2013/14 Domain 1.6 has set an Indicator for reducing excess under 60 mortality in adults with learning disabilities. Identifying adults with learning disabilities as a high-risk group for deaths from respiratory problems would go some way to reducing excess mortality in this cohort. Professor Glover and Dr Ayub reviewed all the Cause of Death certificates registered in England between 2004 and 2008 and found that respiratory diseases were associated with the deaths of 52% of people with learning disabilities compared with 25.6% of people without a condition associated with learning disabilities . Unfortunately the flu immunization programme 2013/14 has not specifically identified adults with learning disabilities as a specific group to receive the flu vaccine, other than those in long stay residential homes. This is a missed opportunity.
The Learning Disability Observatory website (http://www.improvinghealthandlives.org.uk) publishes local learning disability profiles which, alongside evidence-based commissioning guidance, is a useful source of information to inform Clinical Commissioning groups, Local Authorities and Health and Wellbeing Boards.
The full Recommendations of the Confidential Inquiry into premature deaths of people with learning disabilities are as follows:
1. Clear identification of people with learning disabilities on the NHS central registration system and in all healthcare record systems.
2. Reasonable Adjustments required by, and provided to, individuals, to be audited annually and examples of best practice to be shared across agencies and organisations.
3. NICE Guidelines to take into account multi-morbidity.
4. A named healthcare coordinator to be allocated to people with complex or multiple health needs, or two or more long-term conditions.
5. Patient-held health records to be introduced and given to all patients with learning disabilities who have multiple health conditions.
6. Standardisation of Annual Health Checks and a clear pathway between Annual Health Checks and Health Action Plans.
7. People with learning disabilities to have access to the same investigations and treatments as anyone else, but acknowledging and accommodating that they may need to be delivered differently to achieve the same outcome.
8. Barriers in individuals’ access to healthcare to be addressed by proactive referral to specialist learning disability services.
9. Adults with learning disabilities to be considered a high-risk group for deaths from respiratory problems.
10. Mental Capacity Act advice to be easily available 24 hours a day.
11. The definition of Serious Medical Treatment and what this means in practice to be clarified.
12. Mental Capacity Act training and regular updates to be mandatory for staff involved in the delivery of health or social care.
13. Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) Guidelines to be more clearly defined and standardised across England.
14. Advanced health and care planning to be prioritised. Commissioning processes to take this into account, and to be flexible and responsive to change.
15. All decisions that a person with learning disabilities is to receive palliative care only to be supported by the framework of the Mental Capacity Act and the person referred to a specialist palliative care team.
16. Improved systems to be put in place nationally for the collection of standardised mortality data about people with learning disabilities.
17. Systems to be put in place to ensure that local learning disability mortality data is analysed and published on population profiles and Joint Strategic Needs Assessments.
18. A National Learning Disability Mortality Review Body to be established.
Heslop P, Blair P, Fleming P, Hoghton M, Marriott A, Russ L.
The lead investigators of the Confidential Inquiry into the Premature Deaths in People with learning disabilities CIPOLD.
1 Hollins S, Tuffrey-Wijne. Meeting the needs of patients with learning disabilities. BMJ 2013;346:f3421. (29 May)
2 Heslop P, Blair P, Fleming P, Hoghton M, Marriott A, Russ L. Confidential inquiry into premature deaths of people with learning disabilities (CIPOLD). Final report. 2013. www.bris.ac.uk/cipold/fullfinalreport.pdf.
3 National Patient Safety Agency Understanding the Patient Safety Issues for People with Learning Disabilities. 2004. NPSA: London.
4 Bradbury-Jones, C., Rattray, J., Jones, M. and MacGillivray, S. Promoting the health, safety and welfare of adults with learning disabilities in acute care settings: a structured literature review. Journal of Clinical Nursing 2013;22:1497–1509. doi: 10.1111/jocn.12109
5 Department of Health. The NHS Outcomes Framework 2013/14. London:Department of Health.
6 Glover G. and Ayub, M. How people with learning disabilities die. 2010. Durham: Improving Health and Lives Learning Disabilities Observatory.
7https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...
Competing interests: No competing interests
Further to Hollins’ and Tuffrey-Wijne’s editorial, we wish to comment on eye care for people with a learning disability.(1) People with sight impairment and those who help care for them report huge benefits when put in touch with Social Service departments via the certification / registration process. (2) A recent audit examining registration for diabetic eye disease in Croydon highlights that patients with learning disabilities and additional sight impairment were at greater risk of not being certified (and thus not being provided very necessary support) than those simply with sight impairment. Reasons for this are likely two-fold - difficulties in determining eligibility, as it can be difficult to assess vision, and difficulties in communicating the potential advantages. We would strongly urge those considering the unmet needs of those with learning disability not to "not see" the "not seeing".
1. Hollins S, Tuffrey-Wijne. Meeting the needs of patients with learning disabilities. BMJ 2013;346:f3421.
2. Boyce T. The Certification and Registration Processes: Stages, barriers and delays. Royal National Institute of Blind People
http://www.rnib.org.uk/aboutus/Research/reports/earlyreach/Pages/certifi...
Competing interests: No competing interests
Sheila Hollins’ and Irene Tuffrey-Wijne’s editorial on premature deaths amongst people with a learning disability disregards the violation of health rights inherent in the inadequate standards of healthcare to which some are subjected (1). Not so Graham Thornicroft’s editorial on premature deaths in people with a mental illness (which encompasses people with a learning disability) which blamed a combination of socioeconomic, healthcare, and clinical risk factors, and charactarised the scandal a human rights disgrace (2).
A 2010 ICM survey carried out on behalf of Mencap showed that more than a third of doctors and nurses think the NHS discriminates against patients with a learning disability, and approaching half of doctors (including 61% of GPs) considered they receive lower standards of healthcare. (3)
The recent Confidential Inquiry into premature deaths of people with a learning disability, recommended by the 2008 Michael Inquiry, established that the risk of someone with a learning disability dying as a result of inadequate medical care, to be more than four times that of the remainder of the population (4).
The most important insight into the Government's response to the Michael Inquiry, Valuing People Now, lies in a foreword conspicuously signed by six Secretaries of State (5). This Executive display of ownership underlined the authority behind a conviction echoed throughout a report in which the term human rights was used fifty four times - that for people with a learning disability to enjoy the same opportunities as everyone else means using a human rights based approach.
The 2012 report on research led by Professor Marmot into social determinants of health in Europe, confirmed that the circumstances in which people are born, grow, live, work, and age, influence health, and noted that the empowerment of society essential to improving health requires recognising individual’s fundamental human rights. (6)
The editors of the new textbook Mental Health and Human Rights consider that the disciplines of human rights and mental heath converge as fields of research and practice that intersect in multiple and complex ways (7). Within its 662 pages are chronicled the multiplicity, diversity and sometimes cruelty, of ill treatment perpetrated against people with a mental illness (8).
Article 25 of the 2006 Convention on the Rights of Persons with Disabilities is mainly restricted to proscribing discrimination in healthcare (9). The most authoritative right to the highest attainable standard of physical and mental health - Article 12 of the International Covenant on Economic, Social and Cultural Rights (10), as comprehensively defined by the 65 paragraph explication of health-specific rights known as General Comment 14 - specifically proscribes discrimination on grounds of mental disability, applies to everyone, and has been ratified by more than four in every five countries (11).
During the GMC’s consultation over the current edition of Tomorrow’s Doctors, Doctors for Human Rights cited Valuing People Now when urging that medical students receive human rights education. The underwhelming response was a stipulation that graduates “recognise the rights and the equal value of all people and how opportunities for some people may be restricted by others’ perceptions".
Abolishing discrimination, albeit unconscious, against marginalised groups requires that the profession observe human rights values in everyday medical practice - which means formal human rights education. Failure to recognise and confront the underlying discrimination as the abuse of human rights it is, risks compounding the abuse.
peterhall@doctors4humanrights.org
1. Hollins S, Tuffrey-Wijne. Meeting the needs of patients with learning disabilities. BMJ 2013;346:f3421. (29 May)
2. Thornicroft G. Premature death among people with mental illness. BMJ 2013;346:f2969 (21 May)
3. Perceptions of the care and treatment of people with a learning disability in the NHS according to health professionals in England, Wales and Northern Ireland. Mencap. ICM Poll. June. 2010.
4. Heslop P, Blair P, Fleming P et al. Confidential Inquiry into premature deaths of people with learning disabilities. p92. Norah Fry Research Centre. 2012. http://www.bris.ac.uk/cipold/fullfinalreport.pdf
5. Valuing people now: a new three-year strategy for people with learning disabilities (initial edition). p2. Department of Health. 19th January 2009. http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.g...
6. Marmot M, Allen J, Bell R, et al. WHO European review of social determinants of health and
the health divide. Lancet 2012; 380:1013
7. Dudley M, Silove D, Gale F. Mental Health and Human Rights: Vision, Praxis and Courage. p1. Oxford University Press. 2012.
8. Hall, P. Book Reviews. BJPsych, 2013; 202: 387
9. United Nations. Convention on the Rights of Persons with disabilities. UN. 2006
http://www.ohchr.org/EN/HRBodies/CRPD/Pages/ConventionRightsPersonsWithD...
10. United Nations. International Covenant on Economic Social and Cultural Rights. Geneva: UN, 1976 http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
11. United Nations. The right to the highest attainable standard of health. (General comment No 14.) para 18. Geneva: UN, 2000. http://www.unhchr.ch/tbs/doc.nsf/(symbol)/E.C.12.2000.4.En
Competing interests: I have specialised in physical healthcare for people with a learning disability in hospitals, the community, and a hospice over 36 years. I played a role in the development of the UN General Comment 14 of the International Covenant on Economic, Social and Cultural Rights.
Re: Meeting the needs of patients with learning disabilities
While the recommendations for remediation of systemic quality issues made by the Confidential Inquiry into Premature Deaths of People with Learning Disabilities have great value and should be acted upon in the short term, the process of inquiry into the deaths of people with learning disabilities in the U.K. should not be considered complete. Implementation of these recommendations is only the first step for establishing a more robust system of surveillance and timely intervention that can guide initiatives for the prevention of avoidable deaths and improvement in quality of life for people with learning disabilities. The Inquiry’s recommendation to establish a national learning disability mortality review body is equally as important as the other recommendations. The recent editorial by Sheila Hollins and Irene Tuffrey-Wijne provides important additions to the Inquiry’s call for such a review body. In the U.S., we have found mortality review by established boards to be an important tool for ensuring the health and welfare of people with learning disabilities and for creating ongoing public accountability with public and private systems of service and support to this population. In 2008, the U.S. Government Accountability Office conducted a review of state public disability agencies and recommended that the federal government mandate all states to report deaths of people with learning disabilities and encourage states to conduct mortality reviews for this population which they found were “vulnerable because of their cognitive and physical impairments and dependency on caregivers for assistance…” (1).
In the U.S., many public learning disability services systems have been conducting structured mortality reviews for people with learning disabilities for well over a decade. While these reviews allow for the identification of abuse and neglect on an individual level, perhaps more importantly, the process can identify important issues about the safety and quality of services and supports and responsiveness of health care. Reviews done in an open and transparent fashion better ensures public accountability. Requirements for mortality review also allow for the identification and sharing of examples of quality, e.g., where people with learning disabilities have been treated with dignity and were well-supported to make difficult decisions about their own health care. A standard process of mortality review for this vulnerable population enhances the potential for widespread learning throughout the service system, and allows for strategic targeting of efforts to remediate systemic issues affecting quality of care.
We would like to emphasize that, in our experience assisting a number of U.S. states design, implement, maintain and utilize findings from learning-disability-specific mortality review systems, such a board must be supported by an infrastructure within the NHS for it to effect meaningful change. Specifically, there must be both an accurate and consistent pathway for deaths of people with learning disability to be identified and submitted for review. Additionally, there must be a clear expectation that recommendations will be evaluated and considered within the NHS. It is important that the review board process represent a commitment for continuous and long-term review and quality improvement and not be established on a temporary and limited basis.
We recognize that in the U.S. there remain too many egregious examples of neglect, unequal access to care, and individual and systemic failures to meet basic and essential needs for people with learning disabilities. However, in the U.S., we have seen a number of improvements in the health and social care for people with learning disabilities over the past few decades as evidenced in part by stable increases in life expectancy (2,3,4,5). And while important progress has been made, as conditions change, new issues emerge. As life expectancy has increased, so has the likelihood of people with learning disabilities experiencing age-related and chronic conditions such as dementia and cardiovascular disease that were historically less prevalent in this population than in the general population. (6,7). With this shift comes an increased need for different types of care, such as palliative and hospice care – challenging generic service systems that before had far less need to provide such services and now must adapt to provide this support people with a range of functional limitations. For instance, recent literature points to a variety of barriers for people with learning disabilities that compromise their receipt of optimal care at the end of life (7,8). Ongoing mortality review can play an important role in identifying barriers to care such as these and well as guiding potential solutions.
Despite the progress in life expectancy, in the U.S. we continue to see similar patterns in the life expectancy of people with learning disabilities to those found in the Confidential Inquiry. And despite substantially different health service models, the U.S. has numerous disparate care issues similar to those identified in the Inquiry. The presence of a learning disability puts people at increased risk for a “cascade” of disability, starting with a greater baseline risk for adverse conditions that are compounded by inadequate attention to health care needs and limited access to quality care and support (9). Research also suggests that clinical and preventive health practices have the potential to delay the onset or lessen the impact of many age-related diseases and secondary conditions that can affect older persons in this population. (5)
The review of deaths of people with learning disabilities in the U.S. has been able to identify numerous areas for systemic change, particularly in the interaction with the generic health and allied health service systems. Examples include the development of preventive health standards specifically for adults with learning disabilities (10), initiatives to improve communications about health issues between social and medical care providers (11), elimination of policy barriers to the provision of palliative care in certain service settings (12), and better models to support people with multiple complex chronic conditions. Certainly, challenges persist, such as the need for community-based options for aging in place (5,11), but through systematic mortality review, together with other assertive methods for the monitoring, review and improvement of services and supports we are better able to understand these challenges and gather the evidence needed to direct effective change.
References:
1. Medicaid Home and Community-based Waivers: CMS Should Encourage States to Conduct Mortality Reviews for Individuals with Developmental Disabilities, United States Government Accountability Office, Report to the Ranking Member, Committee on Finance, U.S. Senate GAO-08-529, 2008 May 23.
2. Pollack HA. Health Policy and the Community Safety Net for Individuals with Intellectual Disability. Dev Disabil Res Rev. 2011; 17: 44 – 51.
3. Eyman R, Call T, White J. Life expectancy of persons with Down syndrome. Am J Ment Retard. 1991;95: 603–612.
4. Strauss D, Eyman R. Mortality of people with mental retardation in California with and without Down syndrome, 1986– 1991. Am J Ment Retard, 1996;100: 643–653.
5. Janicki MP, Dalton, AJ, Henderson CM, Davidson PW. Mortality and morbidity among older adults with intellectual disability: health services Considerations. Disabil Rehabil. 1999;21(5/6): 284-294.
6. Jenkins R. Older people with learning disabilities, part 1: Individuals, ageing and health. Nurs Older People. 2005;16(10):30–34.
7. Ryan KR, McQuillan R. Palliative care for disadvantaged groups: People with intellectual disabilities. Prog Palliat Care. 2005;13(2): 70–74.
8. Friedman SL, Helm DT, Woodman AC. Unique and Universal Barriers: Hospice Care for Aging Adults with Intellectual Disability. Am J Intellect Dev Disabil. 2012;117(6):509–532.
9. Krahn GL, Hammond L, Turner A. A cascade of disparities: Health and health care access for people with intellectual disabilities. Ment Retard Dev Disabil Res Rev. 2006;12:70–82.
10. Massachusetts Department of Developmental Services. Massachusetts Department of Developmental Services adult screening recommendations 2012. Boston (MA): Massachusetts Department of Developmental Services. 2012.
11. McGaughey M. Connecticut’s system for reviewing the deaths of individuals with intellectual disabilities: lessons learned from 10 years of mortality reviews and investigations. Office of Protection and Advocacy for Persons with Disabilities, 2012. Available from: www.ct.gov/opapd/lib/opapd/documents/adobe/reports/full_report_-_10_year....
12. HCBS Quality Forum: Mortality Review Part II. National Home and Community Based Services Quality Enterprise. 2012 Sep 27. Available from: http://www.nationalqualityenterprise.net/nqe?uid=F7F6E30655C89CE06B6B025...
Competing interests: No competing interests