Home care is specifically exempt from equality legislation. It is okay to discriminate on the basis of sex.
What is the impact of Scotland's self-id on this?
But let's assume they recruited a transexual home carer from the phillipines, if they pass well enough, the disabled autistic person may not even notice they are transgender. They receive high quality care and have a good relationship with their carer.
But If they don't pass, and trigger the patients concerns then there isn't a therapeutic relationship and the best interests of the patient compel the carer to be reassigned away from caring for that patient or employment terminated.
I think this covers it....
https://www.lgo.org.uk/information-...-sex-carers-can-impact-dignity-says-ombudsman
Not providing same sex carers can impact dignity, says Ombudsman....
An investigation by the Local Government Ombudsman (LGO) has highlighted the need for care providers to make every effort to supply vulnerable clients with same-sex carers, after a family was left without respite for more than two years.
The ombudsman is underlining the advice after a couple complained that Warwickshire County Council did not ensure their daughter’s intimate care needs would be met by female staff at a respite centre, despite it being in her support plan.
The couple’s daughter is in her thirties and has significant needs. She cannot communicate verbally, and is dependent on others for all her personal care. Until 2011 the family used the residential centre for regular breaks. But after February that year – when the centre changed owners – the family became concerned about staffing levels and declined to send their daughter to the home. This meant that the couple were without respite care for two-and-a-half years.
The council did offer a second care home option to the family during the period, but the family turned it down because they said it was unsuitable for their daughter's needs.
Although
it is not a legal requirement to provide same sex carers, where a request is made for valid reasons, the LGO maintains that a provider should make every effort to provide same sex care, and the Equality Act 2010 allows for the recruitment of staff of a specific sex as an occupational requirement.
In addition, during that period the family discovered that the new owners of the home had neglected to register it with industry regulators, the Care Quality Commission (CQC), and the council failed to check the home’s registration.
The couple’s other complaints included the council delaying dealing with both their complaint and its investigation.
Dr Jane Martin, Local Government Ombudsman, said:
“Under the Equality Act 2010 the need to deliver same-sex care is an ‘objective justification’ for advertising and recruiting workers to fulfil the need. It is not enough for a provider to say 'We cannot guarantee same sex care'. They need to demonstrate that they have made every effort to ensure the service is delivered in the way that is best for the recipient.
“In this case, the family did not feel confident that the council could protect their daughter and the care home could provide the same-sex care that they requested. They have missed vital opportunities to go away on holiday or simply have a break from their caring responsibilities.”
The LGO has recommended that Warwickshire County Council review its advice to care providers regarding employing staff of a specific sex where it is considered a necessary requirement of the job.
The council has already agreed to arrange respite care at the home in line with the daughter’s care plan and support plan, and the home has agreed to offer the guarantee of female carers for intimate care.
The LGO has also recommended the council apologise to the couple and pay them £5,500 for the lack of appropriate respite care services over the past two and a half years and pay them an additional £1,000 for the time and trouble in pursuing the complaint.
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In this case the family requested same sex care for their daughter, we don't know what the daughter feels about this because she is unable to communicate her needs. This woman has a family but if she did not, then the policy must be that if a woman cannot communicate her needs to a care giver or care provider, then the assumption must be that a same sex carer is the default position and not, as you asserted, that'll it'll be OK if....
they recruited a transexual home carer from the phillipines, if they pass well enough, the disabled autistic person may not even notice they are transgender.
And if they can't communicate we'll never know.
As for....
What is the impact of Scotland's self-id on this?
This...
The Scottish secretary used section 35 of the Scotland Act 1998 to halt the gender recognition bill after a review by UK government lawyers, because they were concerned the bill would have an “adverse impact” on UK-wide equalities law.
This became a particular concern after a judgement from Scotland’s highest court, only a few weeks before the final vote, which ruled that – for the purposes of the 2010 Equality Act, the meaning of “sex” should include transgender women in possession of a gender recognition certificate.
As Henrietta stated....
https://threadreaderapp.com/thread/1585669235749146625.html
No disabled person of either sex should have to say why they want same sex care. It’s their right in law, however, in many places same-sex care has been replaced by same-gender care and self ID makes a mockery of same-sex policy.
This breaks my heart....
https://threadreaderapp.com/thread/1608172278810030082.html
How have we become a society where disabled women fear the turning of their own front door key because they know, across the UK, a man can turn up unwanted to do their care? If they refuse them they are labelled transphobic & there are instances of care being withdrawn.
How have we become a society where the parents of disabled girls (often the mum as the primary carer) fear their death because they can no longer be assured their disabled daughter’s same-sex care needs will be met? No matter where their daughter lives, no guarantee.
How have we become a society where politicians don’t acknowledge or give disabled women & their parents some of their time to discuss their concerns about the consequences of gender ideology on care? Instead they block them on social media and pretend they don’t exist.