In response to the bedroom tax, have you received a letter telling you this is your “final demand” or mentioning impending “eviction”? I’d like to share the stories of people – particularly those who have disabled people or children in their family – who have received such letters because of the bedroom tax. Please get in touch on
Many thanks.
On the day of the success of the ruling against the WCA-Activists from DPAC and disabled workers attending the TUC Disabled Workers Conference have blocked Tottenham Court Road in an unprecedented act of solidarity.
This Government has repeatedly used the language of division, trying to divide workers and claimants, public and private sectors workers, non-disabled and disabled people. Today we strike back as one, united voice.
The Cuts imposed by the ConDem Government under the cloak of ‘Austerity’ impact on disabled people in every area of life. The scrapping of Disability Living Allowance (DLA) and the Independent Living Fund (ILF) will tens of thousands of disabled workers, and will force many of them out of their jobs. Hundreds of thousands of disabled people both receive and deliver public services as workers in Public Service Departments, Local Authorities and the Voluntary Sector. ILF and DLA play critical roles in maintaining people in these jobs. The 1% uplift limit on Benefits, Universal Credit and the Bedroom Tax will impact on many disabled people both in and out of work.
The removal of many of our basic rights affect not just disabled people, but all of us. For example, the removal of Legal Aid for medical negligence claims comes at the same time as every single contract within the Health Service is open to tender by private companies. This has serious and significant implications for each and every one of us who make up the 99%.
But not everyone is being hit by austerity. While multi-nationals like Atos and Capita make fortunes, tax avoidance and evasion to the tune of tens of billions goes uncollected. The wealthiest 1000 UK residents increased their wealth by some 35 billion last year while disabled people and the poorest members of society were pushed into poverty and despair as the targets of brutal cuts.
Disabled activists have led the fightback against this Government since the beginning, and today disabled activists and workers lead the way again in the first joint, co-ordinated direct action by campaigners and unions on the streets of the U.K.
Shabnam O Saughnessy from DPAC said: “We are delighted to be joined on the streets today by our union comrades. This represents the first steps towards uniting resistance from communities and workplaces. It dispels the myth of disabled people as scroungers and workshy. We are not some separate group of others, we are your friends and neighbours, we work alongside you. Many millions of disabled people are being affected by cuts, and today is about getting our voices heard.”
Mandy Hudson, co-chair of the TUC disabled workers committee said: “Trade unionists would like to send a clear message to this government that trade unions, workers and grass roots disabled groups stand together against the onslaught of vicious cuts rained down upon us by the Condems.”
DPAC and disabled workers from the TUC conference block Tottenham Court Road 22nd May
Notes
1) Disabled People Against Cuts is a national campaign led by disabled people to oppose the attacks on disabled people being carried out under austerity. www.dpac.co.uk
2) The 2013 TUC Disabled Workers’ Conference takes place on 22-23 May. The TUC Disabled Workers committee recently rejected an invitation to join the government’s new Disability Action Alliance on the grounds that involvement would restrict the TUC’s ability to campaign against government policies that are affecting disabled people.
For more information contact Ellen Clifford on 07505144371 or ellenrclifford@btinternet.com
For updates see twitter: @Dis_PPL_Protest
and Disabled People against Cuts Face book Group
Three judges today confirmed what DPAC and other campaigners have been saying since 2010– the benefits test used to decide whether people are fit for work, actively discriminates against disabled people and those with mental health issues
Mental health Resistance network (MHRN) have won the judicial review case against the DWP on the clear inadequacy of the Work Capability Assessments. They supported two users who took a case against the DWP for the harm these tests do to those with mental health issues. The WCA has been severely criticised since the Condems took over the reins from the New Labour WCA inception, making the tests more and more difficult and more and more humiliating for all concerned.
Last week Dr Greg Wood resigned claiming the tests were biased, there have been a number of high profile resignations from nurses resigning and claiming that not only were the tests unfair they were degrading. This is a subject disabled people know all too well, from the millions lavished on Atos for tests and the millions for appeals.
The judicial review focussed on specific issues for those with mental health issues – that of gathering supporting evidence. Under the current system, individuals are responsible for gathering their own medical evidence and sending it to the Department of Work and Pensions (DWP). If anyone fails to do this, it simply won’t be looked at, and in many cases if you do do this your papers will be brushed aside (see DPACs survey responses on the WCA HERE).
Reporting the victory DPAC’s sister group, Black Triangle Campaign wrote:
“The judgment that the DWP is in breach of the Equality Act is a huge victory for everyone affected by severe mental illness, but it’s sad that it took a court case to force the DWP to take action”.
DPAC wants to congratulate the two people that took the case, MHRN and all others that supported this. We hope this is another step towards outlawing these tests and stopping them for the damage they are causing all disabled people as called for by the BMA and the RCN.
We note that the big Disability charities have , as usual, chosen to take the credit for this success and we say again that this success is due to MHRN a small group that chose to do something. It is due to the two people that took the case and the solicitors involved. This case was not initiated by any of the big disability charities-despite them joining in later to save face.
The charities sat back and did nothing, but they are fast to take the credit for something that they didn’t even contribute too. We hope that the success of the MHRN actions leads to an end to this inhuman process for all and we congratulate them for their tenacity and their actions in getting someone done- to the charities we say: we know the difference between the real heroes and those that try to bask in reflected glory-if you had made the move that MHRN had or acted more vigorously we might applaud you, as it is we are, once more unimpressed by your actions.
see also:
http://dpac.uk.net/2013/01/dpac-press-release-wca-descriptors-fail-dwp-fails-atos-fails/
http://dpac.uk.net/2012/11/dpac-survey-responses-on-wca-what-harrington-didnt-ask/
On the 22 May the Mental Health Resistance Network won their Judicial Review case against the Atos tests (WCA) and the impact on those with mental health issues. We congratulate them, the two people that took the case and the solicitors for the work they have done in exposing the WCA for the nightmare that it is for those with mental health issues and all disabled people. The DWP say they will appeal the ruling: we hope this is the beginning of the end for the WCA and the horrors that it is putting people through. However, this success would not have been possible without legal aid, and is tempered with further fears of the legal aid cuts.
The Condems have already pushed through some of their wealth charter on justice and legal rights through their punitive cuts to legal aid for those facing benefit problems. Its not over yet-they now want to re-examine the process of Judicial reviews. However, the cuts so far are already affecting the process of judicial reviews because the new rules mean that those solicitors who take cases are less likely to be paid with the Condem cuts. We do not see all the work that goes into cases nor the effect that the cuts are having on those solicitors and legal firms who believe that justice has no class basis and is not restricted to those with wealth. But the Condems have cut funds to solicitors and CABs which means we have fewer allies to fight our cases. The Condems are doing a great job of removing every element of human rights, welfare and social justice from the British people. We cannot continue to let them get away with it without doing more and more about it.
The proposals cover a range of aspects of legal aid including criminal work, prison law and judicial review and it can be difficult to get across what it means.
In judicial review, for example, it’s hard to explain the impact of the proposal to prevent solicitors getting paid for all the work they do on cases if they don’t end up getting permission to go to a full hearing. So many cases succeed before that by just spelling out what the public body is doing wrong so they realise they have to sort it out. But there can be loads of work involved in getting to that stage and it would be really hard if lawyers can’t get paid for that at all. Judicial review lawyers and other legal aid lawyers will try everything they can to keep trying to help people but it just gets harder and harder to survive and already that means it’s hard to find someone skilled enough who can take cases on.
What is clear is that disabled people will be disproportionately affected within each of the areas that is proposed to be cut – including disabled prisoners and others in the criminal justice system but also in areas like public law/judicial review which disabled people need help with more than ever now because of the effects of other cuts.
We are trying to encourage as many people as possible to come forward with stories that illustrate the real types of problems they face that legal aid is vital to help with. There is a brilliant website set up by someone from Young Legal Aid Lawyers http://savelegalaid.wordpress.com/
People can submit stories of how legal aid has helped them (or hasn’t been able to help them because of the effect of the cuts already – eg in many areas there are ‘advice deserts’ where you simply can’t get hold of a lawyer with the right expertise). There are several about disabled people unable to fight injustice because of cuts already in place in many areas including the criminal justice system.
We need to see more experiences good and bad – the issues and what can be done to sort them out are so invisible to most people. There aren’t many examples of disabled people tackling problems with social services cuts etc.
The website makes it really simple to give the examples. It’s so important to show people that it’s not about lawyers, it’s about people who need advice, and it’s a false economy to deny them that, in so many ways not least undermining the rule of law because people have no real access to justice unless they are wealthy.
Please help and give your stories http://savelegalaid.wordpress.com/
Tweet share on Face Book and pass this on- its up to us!
Please complete the consultation closing date June 4th HERE
More info on Consultation and what is happening HERE
IN JUNE THE INDEPENDENT LIVING FUND IS 25 YEARS OLD.
The ILF has been invaluable to enable disabled people to live independently now without even any vote in parliament or any discussion the Butchers of Benefits have announced it will close from 2015 with no replacement funding for more than 12 months maximum. Many local authorities have said this will result in disabled people being forced back into institutions or left to rot in their own homes without adequate levels of support.
On June 10th we’re going to have a birthday celebration with some others including hopefully a magician, street theatre, and cake plus lots of birthday cards to go to our DWP ministers.
We’re all meeting up between 1.30 pm and 2pm at Deans Yard, SW1P 3PA which is at the back of Westminster Abbey (ie the side that isn’t opposite House of Commons).
Nearest accessible tube is Westminster and for other travel information contact Transport for All http://www.transportforall.org.uk/
Hope to see you all there. Feel free to drop us a line at mail@dpac.uk.net if you can come to this. Bring friends, banners, and noise plus cakes if you can.
By John McArdle Black Triangle Campaign
Sunday 19th May 2013
As our members and supporters know, Black Triangle has been at the forefront of lobbying members of the medical profession to help us bring an end to the DWP-Atos Work Capability Assessment régime at the earliest possible time.
We began locally when our campaign member and Medical Adviser Dr Stephen Carty submitted a motion through the Lothian Local Medical Committee (LMC) to the Scottish Conference of LMCs (Scottish GPs associations) at Clydebank last year.
The motion calling for the WCA to end “with immediate effect” was carried almost unanimously. We quickly submitted it to the UK LMCs conference in Liverpool, where it gained the overwhelming support of UK GPs before making its way to the British Medical Association’s Annual Representative Meeting where doctors from every discipline carried it almost unanimously on 24th June.
Sadly, as John Pring of Disability News Service has reported, the BMA’s leadership have so far failed to give any meaningful effect to the motion.
In November we launched our ESA ‘Substantial Risk’ Regulations 25 and 31 Campaign asking GPs to apply the law to discharge their ethical duty of care to act where policies and systems are causing avoidable harm to patients.
Where GPs have done this the campaign has been a great success.
We have distributed the information throughout the NHS locally in Scotland and 26 magnificent doctors from Scotland and the rest of the UK at the coalface of have joined with us in lobbying the BMA leadership to disseminate knowledge of the Regulations to GP practices everywhere.
The Scottish media has done its bit with coverage in The Scotsman, The Herald and the Edinburgh Evening News. We are deeply grateful to them for this act of socially aware and responsible journalism. However, we have been completely stonewalled by the UK London-based national media such as the BBC and sadly, even by ‘friendly’ publications such as The Guardian who, shocklngly (and not for the first time) do not seem to have found our campaign work meritorious enough to warrant a mention in their esteemed title.
As the environmental movement say: ‘Think Globally, Act Locally’.
This has been our tactic from the outset and in that spirit we have arranged to meet with the Convenor of the Scottish Parliament’s Welfare Reform Committee, Michael MacMahon MSP, this coming Thursday to present our case to him advocating that the Scottish Parliament now intervene on our behalf in support of our ESA Regulations Campaign.
As Sir Nicky Winton whose 104th birthday it is today has said:
“I think there is nothing that can’t be done if it is fundamentally reasonable.”
We are confident that our ESA Regulations campaign is fundamentally reasonable in every respect.
Further still, we are confident that once it receives the close attention it truly merits, it will prove to be the single most effective weapon we have as a civil and civilised society in fighting back to protect all our sick and/or disabled citizens from the most wicked, unconscionable and ruthless attack on the civil rights of disabled people in living memory.
If we in Scotland are successful in enjoining the support and backing of the Scottish Parliament in ensuring that all Scottish GPs know how to apply the regulations, we are confident that GPs in England and Wales will also rapidly follow suit.
Wish us luck and when we go there, we go there for you.
All of you.
It’s all we can do.
Solidarity!
reposted with thanks from
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Government plans to permanently shut the Independent Living Fund are a concern for all disabled people and to everyone who cares about inclusion and social justice in the UK. The ILF was set up to support disabled people with the highest level of support need to live independently in the community regardless of their level of support need and when the alternative was residential care. The end of the ILF without adequate alternative support provision signals the end of the right to independent living for disabled people and a breach of Article 19 of the United Nations Convention on the Rights of Disabled People.
The ILF has been shut to new applicants since December 2010 and thousands of disabled people must therefore have missed out on support needed to enjoy full and meaningful lives. At both central and local government levels no information has been recorded to monitor the impact of this and to measure any potential breach of Article 19.
Inclusion London and Disabled People Against Cuts are asking for individual disabled people to come forward if you think you would have been eligible to apply to the ILF before it was shut at the end of 2010. It is important that information is recorded from the UK about any threat to disabled people’s fundamental rights and freedoms and will give disabled people in the UK the chance to invoke international protection of our rights.
If you are happy to share your story, information the support you get (or don’t get) and the impact this has on your life then please contact ellen.clifford@inclusionlondon.co.uk or phone 020 7036 6032.
Atos and the Department for Work and Pensions’ much criticised work capability assessments for Employment Support Allowance continue to present a never ending saga of misery, disbelief and despair.
A recent post on the False Economy blog talks of meetings to try and discover mental function champions (MFCs). These are claimed to exist but so far none have been produced or found that adequately satisfies that burning question of where MFCs are or what exactly they do .
In addition, both the BMA and more recently, the RCN have voted to stop the process of Atos assessments, due to the harm they are causing.
On Thursday the 16th of May, Dr Greg Wood an Atos worker told most of us what we already know: Atos assessments are biased. He decided to resign and go public despite having signed a confidentially agreement with Atos, something they put in place after nurse Joyce Drummond also went public and said of her role at Atos:
‘‘I apologise from the bottom of my heart to all those people I had to assess during my five months in the job but the decisions were out of my hands. Once I realised how manipulative the assessment system was, I got out immediately. The stress of it all made me ill and I have not worked since.”
In January 2013 another nurse who worked with Atos told Atos Victims Group :
“I could not live with the knowledge of what I was doing and the effect this could have on somebody’s life. Although there are a number of people who are more than capable of work, the majority are genuine, sick people who need our help, not to be demoralised in this way. I saw so many people who would cry in front of me, because they want to work so much, but couldn’t”.
Now Greg Wood tells the Guardian, if Atos assessors: “show deviation from the official line they are instructed to change the report. In about a quarter of assessments important documentary evidence such as the claimant’s own GP assessment is missing but the assessments go ahead regardless.”
Atos and the Department for Work and Pensions trot out the same lines in response: can anyone in the UK believe them at all? Apparently, everyone is lying but them.
Not only are these assessments supposed to be joy on earth, they are claimed to be backed by a mysterious force called a mental function champion. False Economy say:
“In 2011, Atos introduced Mental Function Champions into the ESA work capability process to “improve” assessments for people with mental health problems. A group of us have spent six months trying to find out exactly how this MFC role works, if MFCs have “improved” work capability assessments for people with mental health problems and if anyone at Atos or the DWP can prove that the role has had any impact for people who must go through WCAs.
We’ve had very little luck. We did manage to get a meeting with Atos, someone who said he was an MFC and the DWP on the topic, but that was not particularly satisfactory, as you’ll see:
For months now, mental health service users and campaigners from the voluntary sector consortium group Mental Health Northeast (MHNE), Newcastle user-led mental health support group Launchpad and False Economy have been trying find out more about the work done by Atos Mental Function Champions”.
Read more at False Economy http://falseeconomy.org.uk/blog/mental-function-champions
update: apparently Dr Wood may have been an MFC but as he has now left- if anyone has had any other sightings or knowledge of an MFC we’d be interested in hearing about it
Links
http://www.dailyrecord.co.uk/news/scottish-news/nurse-makes-heartfelt-apology-after-1340838
http://atosvictimsgroup.co.uk/2013/01/31/ex-atos-nurse-reveals-the-real-inside-story/
http://www.guardian.co.uk/society/2013/may/16/atos-doctor-claimants-biased-medical-assessments
This Code of practice for transition reviews of those in receipt of ILF funding has been drawn up by ILF, ADASS and LGA. It seems fairly meaningless so there is no surprise there.
Transfer Review Programme Code of practice
Purpose of the code of practice
Following engagement with local authorities in England and disabled people and their organisations, the Independent Living Fund (ILF), the Association of Directors of Adult Social Services (ADASS), and the Local Government Association (LGA) have co-produced this code in order to promote best practice to support the effective transfer of ILF users to sole local authority support from April 2015.
The code aims to maximise the success of the transfer review programme and enhance the customer journey throughout transition by providing key principles to underpin partnership working.
Key principles
1. Commitment to personalisation, inclusion, and choice and control
Throughout the process all parties will seek to demonstrate a commitment to the underlying principles of personalisation. There will be a high level commitment to maintaining choice and control, as well as maintaining users’ independent living outcomes.
All parties will ensure that users and their representatives are fully involved in transitional planning, and will take account of the views and requirements of users and their families/representatives in the preparation and implementation of the transfer of support.
2. Working in partnership
It is essential that the ILF and local authorities collaborate and work in partnership throughout the transfer programme to ensure that the necessary plans and structures are in place to fully support users up to and beyond 2015.
All parties will be committed to working towards and meeting relevant deadlines so as to guarantee that the programme is fully completed by 31 March 2015.
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3. Open communication
Throughout the programme there needs to be continuous and open communication, providing relevant information that is shared in a timely manner. All parties should ensure that users are kept informed of plans that impact on their future. It is important that users have a clear awareness and understanding of what the transfer will mean for them.
4. Designated support
In order to facilitate the management of the programme, the ILF and local authorities will have place a named point of contact to manage relations between the ILF and each local authority, for both operational and corporate liaison. There should be a clear delineation of responsibility and accountability in running the programme both within the ILF and with local authorities.
5. Commitment to joint reviews
To aid the transfer process the ILF and local authorities will collaborate and participate in the joint transfer review programme, using a person centred assessment to identify how independent living outcomes can continue to be met.
In addition the programme will need to identify and inform users of what they will need to do prior to April 2015 to ensure that their eligible support continues to be met.
To aid in this process the ILF will seek consent prior to the initiation of the transfer review programme from all group 1 users to pass on information to local authorities. This will facilitate the collaboration between the ILF and local authorities and enable full participation in the programme by local authorities.
6. Advice and advocacy
Local authorities should where possible ensure that there is sufficient provision of, and clear signposting towards, independent advocacy and support. The ILF and local authorities will work together to share information on support available for users in order to effectively signpost people to this.
7. Personal budgets
The transfer to local authorities will be an opportunity to promote the take up of personal budgets. ILF users currently receive cash payments directly from the fund to pay for their support and the expectation is that they will continue to be able to exercise choice and control over how their care is provided. Users should be informed of what options and support are available locally.
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8. Provision from April 2015
Transitional arrangements need to be in place from 1 April 2015 which enable users to plan for and manage any change in their support. The arrangement of a period of phased transition being provided that supports the protection of independent living outcomes is one of the issues for consideration during this transition period.
We believe that it is essential that before the end of the transfer programme all ILF users and their representatives have a clear understanding of how their eligible support needs will be met immediately following the transfer.
Any change to support arrangements made by the local authority should take into account the impact upon care providers making certain that the user is able to meet legal and contractual obligations where provision is reduced or replaced. In particular this includes redundancy payments and notice periods.
9. Data sharing
Any transfer of information needs to ensure that no person who has expressed a wish to receive support after April 2015 is unaccounted for.
The ILF will need to monitor the transfer of information to the relevant authorities. When information is transferred to local authorities there will need to be in place a mechanism to acknowledge the receipt of this information. All parties will ensure that appropriate measures are in place to transfer and protect sensitive information in compliance with data protection legislation.
10.Monitoring and evaluation
The ILF and local authorities will work in conjunction to ensure that there is a system in place to evaluate the effectiveness and progress of the programme. Any evaluation will naturally engage the opinions of users and their representatives.
Each party will have in place a clear process for managing complaints about decisions taken as a result of reviews. In addition the ILF and Local authorities should work in conjunction to resolve any concerns raised and provide a rapid resolution of any issues that arise.
7 May 2013
We also have this equally meaningless response to an FOI request for further information about what funding will be available. To summarise there is NO information which seems to be available to inform people what will happen.
Organising in our communities, struggling for change
A practical day working towards mass grass roots resistance and beyond
Loads of us are involved in a wide range of struggles and campaigns, but we tend to do our own thing and generally don’t link up with others who live or work near us. Many others hate the present system but don’t know where to start to change things. So what do we do?
In order to create an alternative and to build the kind of society we want to see we need to start from the grassroots. One of many things we need to do is to organise in our streets, estates, workplaces and communities.
We need to link existing campaigns that are geographically and issue wise near to each other. We need to try to develop local groups throughout the country – although for this event we are only looking at London.
So, on June 8th we want to get anybody who is or wants to organise locally in London together to discuss how we can move things forward. Everyone has something to contribute and skills to share, whether you’re actively involved with struggles in your community or workplace or you’re just looking for somewhere to start.
Sat June 8th 10 am – 5 pm Resource for London, 356 Holloway Road, London N7 6PA (Map and directions at www.resourceforlondon.org )
For more information about the event or to get involved in organising it contact us at: event@radicallondon.net
Such views have no place in local government. These remarks represent the personal views of Councillor Brewer who does not speak for the Council or the people of Cornwall.”
Signed :
Jeremy Rowe
Leader of the Liberal Democrat group
John Wood
Leader of the Independent group
Fiona Ferguson
Leader of the Conservative group
Malcolm Moyle
Leader of the Labour group
Stephanie McWilliam
Leader of UKIP group
Dick Cole
Leader of Mebyon Kernow
Following the Government’s abolition of Standards for England in 2012 and changes to the Code of Conduct regime the options available to the Council when a breach of the Code of Conduct is found have been limited. There is no longer the ability to suspend Councillors. The Council has never been able to disqualify Councillors in response to Code of Conduct complaints. In this case the Monitoring Officer found that there had been a breach of the Code of Conduct and determined that the only appropriate and proportionate sanction he could impose was to require Councillor Brewer to issue a formal apology. Mr Brewer was notified of this in November 2012 and subsequently wrote to the complainant apologising unreservedly for his remarks.
The Council does not have the power to stop anyone standing for election. Both the qualifications for candidates and the reasons why an individual could be disqualified from standing for election are clearly set out in legislation. The reasons for disqualification include being employed by the Council or holding a politically restricted post, being declared bankrupt or being sentenced to at least 3 months imprisonment during the previous 5 years. As none of the criteria for disqualification apply to Mr Brewer he was entitled to stand for election to Cornwall Council and was subsequently chosen by local voters to represent the Wadebridge East electoral division.
The Council is committed to ensuring that all staff and Members receive appropriate training in equality and diversity issues. Equality and diversity training is mandatory for all paid staff and we staged specific workshops for all Members during the first week of their induction programme. Further training, on-going workshops and awareness sessions will also be available throughout the four year life of this Council.
Bromley and Croydon DPAC are holding a benefit Justice meeting Monday 30th May at 7pm at Acts Ministries, Acts House, 30 Union Road, Croydon, CR0 2XU.
Its another opportunity for people to come together against the cuts affecting us all.
“The Bedroom Tax and the benefits cap, alongside other sweeping changes to the benefits system and the reduction in vital services supporting disabled people and parents, is hitting the poor hard – both those in and out of work,” DPAC’s spokeswoman said.
“The benefits cap on top of the Bedroom Tax will impoverish and stigmatise people who can’t move home, while driving out others to unfamiliar parts of the country, uprooting their lives and their support networks, and leaving London to the better off.”
For more information visit www.benefitjustice.wordpress.com.
Email: benefitjustice@gmail.com or mail@dpac.uk.net
We have sent the following complaint about what we consider to be the incitement to hatred by Cornish councillor Colin Brewer.
In Wadebridge East, Colin Brewer has been re-elected, despite his earlier remarks about the need to kill disabled children because they cost too much. It seems voters may have accepted his apology. His comments had already sent shivers down the backs of all disabled people who knew about it – particularly, of course, those of us born with our impairments.
We have to our collective horror, however, now learnt from Disability News Service, whose reporter John Pring interviewed Mr. Brewer extensively, that far from realizing the error of his ways, Mr. Brewer has been emboldened to repeat and elaborate on his murderous and chilling views. We quote from the article posted on May 10th 2013 (http://disabilitynewsservice.com/2013/05/colin-brewer-there-is-a-good-argument-for-killing-some-disabled-babies/) “In the interview, Brewer repeatedly indicated that he believed there was a good argument for killing some disabled babies with high support needs, because of the cost of providing them with services.”
The contempt with which he views perhaps all human beings is revealed in this quote from the same article “People are not on this earth for very long. My main concern is planning and environmental [issues] and landscape. In that context, people are just transient. I have heard of terrific amounts of money being spent on specific individuals.” But as far as disabled humans are concerned, Mr. Brewer made it clear that he considers us no better than animals, saying about farmers “If they have a misshapen lamb, they get rid of it. They get rid of it. Bang!”
We could go on; Mr. Brewer certainly did, making it very clear that we were not worth society’s efforts and clearly having no idea whatsoever of the contribution we make to society.
Early on in Nazi Germany, a poster appeared with a disabled man sitting down looking unhappy, and a ‘doctor’ behind him. The poster told the public how much this disabled man was supposed to be costing them. From there, the gas chambers were trialed on disabled people first. http://www.oddee.com/_media/imgs/articles/a55_euthanasia.jpg
We believe Mr. Brewer’s comments reveal that he is not fit to hold any public office whatsoever. How can you be a public servant, whilst advocating exterminating sections of the public who have done no wrong whatsoever? Our understanding is that public service standards should debar him forthwith and we ask that you rapidly address this.
DPAC, Black Triangle campaign, Boycott Workfare and Brighton Benefits campaign will all be supporting CSRF members when they protest against the refusal to allow motions to discuss an ending to the benefit sanctions regime at the PCS conference on May 21st.
While we appreciate the legal complexities behind anti-trade union legislation several branches wanted to move motions to at least discuss how the sanctions regime might be legally hampered or ended.
DPAC is not supporting or are in any way involved with a die-in being planned to take place at the same time. Further as those involved with this die-in have said they do not want to be involved with non-disabled people we feel this is a divisive and unproductive attitude.
Demand action on benefit sanctions – PCS conference rally
The Brighton Centre, 12.30-14.30, Tuesday 21 May
Bring flags and banners
The High Court will consider, over 3 days starting tomorrow (Wednesday 15th May), 10 claims being brought against the Government’s ‘Bedroom Tax’, the new housing benefit regulations that came into force on 1st April this year.
These new regulations will reduce housing benefit for tenants in the social sector who have been assessed as under-occupying their accommodation.
The claims are made by a range of people who seek to challenge the new housing benefit regulations on the grounds that they discriminate against persons who require larger accommodation for reasons relating to their disability.
Since 1 April, persons deemed to have 1 spare bedroom have had their housing benefit reduced by 14% and persons deemed to have 2 or more spare bedrooms have had their housing benefit reduced by 25%.
The government claims that they have made financial resources available in recognition of the serious effects on the claimants of these new regulations, through the Discretionary Housing Payment scheme. However, those represented in this action argue that the DHP fund is simply not large enough to come close to meeting the needs of those affected.
3 law firms are representing the Claimants: Hopkin Murray Beskine, Leigh Day and Public Law Solicitors.
Rebekah Carrier of Hopkin Murray Beskine said:
“My clients are disabled children and their families who don’t have a ‘spare’ room. Two of the families I represent have fled serious domestic violence and have only recently been able to settle down in their new, safe homes. One family who were able to move to a suitable home after many years in appalling housing conditions have been told that their son would need to go into residential care if they moved to a smaller home. This would cost the tax payer hundreds of thousands of pounds and would separate a disabled child from his family.
“My clients can’t simply increase their hours of work, because of their children’s needs. They can’t take in lodgers because they don’t have a spare room. There are also obvious safety concerns about taking in a lodger in a family where there are vulnerable children. Many families up and down the country are, like my clients, desperately worried about losing their homes”
Ugo Hayter from the Human Rights team at Leigh Day said:
“We hope that the Court will rule that these Regulations are discriminatory in that they completely fail to make any provision for those who need larger accommodation as a result of their or their family members’ disability.
“We hope that the government will be made to amend these Regulations and reverse the devastating consequences currently being experienced by thousands of people with disabilities around the country.”
Anne McMurdie from Public Law Solicitors said:
“The Government has failed to recognise that many people with disabilities will not be able to make up the shortfall in rent by working or taking in a lodger; and many will not be able to move due to the nature of their disabilities.
“Left unchanged these measures will see disabled people facing eviction and homelessness.”
Background
Law Firm Hopkin Murray Beskine are representing 5 families (names have been changed for anonymity)
The first family consists of a husband and wife and their two children Jack who is 6 and Roza who is 2 who currently live in a two-bedroom property in South London on the third floor of a block of flats, which is unsuitable for Jack’s needs as he is disabled. The husband, Ramzi, has had to adapt his working patterns to help care for Jack, therefore the family need help from housing benefit to pay their rent.The family needs to move for a number of reasons related to Jack’s condition however if they are allocated and accept a home which meets their children’s needs their housing benefit will be cut on the basis that they are ‘under-occupying’ despite the fact that they will only be allocated accommodation appropriate to their needs.
The second family represented by Hopkin Murray Beskine became homeless in 2011 when the then partner of the mother, Holly, assaulted her 6-year-old son Isaac, leaving him traumatised. After her ex-partner was jailed Holly made a homelessness application. The family were assessed as requiring 3-bedroom accommodation because of Isaac’s behavioural and mental health issues. Holly received a letter from her local authority informing her that she was under-occupying and that her housing benefit will be cut by £15.52 a week from 1st April 2013.
Jane and Adam and their two sons have lived in their current home since July 2012. Their home is a three-bedroom bungalow, which they rent from the local authority in North London.Under the local authority’s allocation scheme a family of this size would usually be assessed as requiring a two-bedroom property. Brothers aged 10 and 12 would be expected to share a bedroom. However the family was assessed as requiring an additional bedroom as 10-year-old Thomas is severely autistic with a learning disability associated with significant challenging behaviour. He is described by his psychiatrist a having, “profound emotional, behavioural and learning disabilities” .
Ms T and her husband live in a one bedroom flat with their sons. One son has autism and one son has Downs Syndrome. Their flat is damp and infested with mice. The child with autism sleeps in the bedroom, as he needs his own space. The parents and the child with Downs syndrome sleep on the floor in the living room. Because of the boys conflicting needs they have been assessed as needing three bedrooms by the council, but like Jack and Roza’s family, if they move to suitable accommodation they wont be able to pay for it because of the bedroom tax.
Ms N lives with her son and daughter in London. About three years ago she and the children left the home of her very violent partner. With help from social services they have managed to settle in a new home away from the children’s violent father, who does not know where they live. One of the children is autistic and is violent including towards his sister. He has his own room. He finds change difficult and would be unsettled by having to move. Comfort works as a dinner lady: this fits well with the children’s school hours. Since learning about the bedroom tax she has become anxious with awful memories of the time when she was homeless because of violence. The children are well settled in their local school. She cant work more hours. She can’t take in a lodger: she does not have a spare room and her son’s behaviour would make it very difficult to have a lodger anyway.
Hopkin Murray Beskine website:
http://www.hmbsolicitors.co.uk
Law Firm Leigh Day are representing
Jacqueline Carmichael and Richard Rourke
Jacqueline Carmichael lives with her husband in a two-bedroom housing association flat. She has spina bifida and is severely disabled. Mrs Carmichael’s condition means that she has to sleep in a hospital bed with an electronic pressure mattress and has to sleep in a fixed position. Mr Carmichael cannot sleep in this bed with her as it is not large enough for two people and his movements at night could cause her harm. There is not enough space in her bedroom for a second bed so Mr Carmichael sleeps in a second bedroom.
Since 1 April, the Carmichaels have had their housing benefit reduced by 14%. They have now been granted a Discretionary Housing Payment to cover the shortfall in their rent for six months, but they do not know how they will meet their rent when the period ends. Mr Carmichael considered the option of seeking employment to cover the shortfall in the rent, however if he did this, as full time carer to his wife, Mrs Carmichael would need to go into residential care. This is therefore not a viable option.
Richard Rourke is a widower. He is disabled and uses a wheelchair. He is a council tenant and lives in a three-bedroom bungalow. His stepdaughter is currently a university student and is also disabled with a rare form of muscular dystrophy. She lives in halls of residence during term time but returns home for the full summer vacation, at holiday periods and at weekends when she can.
Mr Rourke uses the third bedroom, which is a box room measuring 8 x 9 feet, to store his equipment including a hoist for lifting him, his power chair and his shower seat.
Mr Rourke has enquired in the social rented sector about the availability of two bedroom properties, which are suitable for wheelchair use, and there are none. There are also no suitably adapted properties in the private sector.
Since April 2013, Mr Rourke has had his housing benefit reduced by 25%, on the basis that he is under-occupying by two bedrooms. Mr Rourke’s only income is from benefits; he cannot work; and his day-to-day living costs are increased due to his disabilities, he has not been able to pay the shortfall in his rent of £25.38 per week. Mr Rourke made an application for Discretionary Housing Payment in March 2013, however it has not yet been decided. He is currently accruing rent arrears.
Leigh Day website:
Law Firm Public Law Solicitors are representing James Daly, Mervyn Drage and JD (whose details have been anonymised)
James Daly has a severely disabled son. He and his ex-partner when his son was approximately eighteen months. Since that time Mr Daly and his ex-partner have shared his son’s care. Mr Daly’s son stays with him every weekend and at least one day during the week. He also lives with Mr Daly for part of the school holidays and whenever his mother is away. Following the separation from his ex-partner Mr Daly moved into housing association rented property. In 2008, following an application for allocation of a two bedroom accessible ground floor property, he was awarded a priority level within the local housing authority’s allocation scheme which recognised that his then accommodation was unsuitable due to his son’s disability, and that Mr Daly had a high priority need to move. Mr Daly was offered his present accommodation three years ago. He occupies a two bedroom flat on the ground floor which has level access throughout and also has access to a garden front and back. Mr Daly’s son can mobilise throughout the property. Under the Housing Benefit rules Mr Daly is deemed to be over-occupying his property by one bedroom (his son’s room).
Mervyn Drage is a single man who lives alone. Mr Drage occupies a three bedroom flat in a high-rise tower block, on the site of a former colliery. The property was initially built to house miners and their families, but the flat was let to him because the local housing authority considered it unsuitable for families. He has lived there for 19 years. He has a number of significant mental health problems (depression, anxiety and Obsessive Compulsive Disorder, OCD) and various physical problems. These conditions are exacerbated by stress, anxiety and changes to routine. Mr Drage does not sleep in any of his three bedrooms, all of which contain papers, which he has accumulated (as does his bath). He is settled in the flat and the area, feels safe there, and is very anxious about the prospect of having to move and disruption to his routines.
JD
JD lives with her 26-year-old daughter, AD. JD and AD occupy a specially adapted three-bedroom property. They have lived there for about twenty years. AD has a twin brother who previously lived in the house but has now moved out (leaving 1 spare room). AD has severe physical disabilities, learning disabilities and blindness. JD provides full-time care for AD. The property was specially constructed to meet AD’s needs, with input from the family, an occupational therapist and a property development team. AD’s home is extremely important to her in maintaining her psychological security in her surroundings. As a result of her learning disabilities and blindness it would be difficult for her to manage the transition to a new home and there are concerns requiring her to move would have a significant impact on her psychological emotional and behavioural well being.
Public Law Solicitors website:
http://www.publiclawsolicitors.co.uk
-ENDS-
The hearing is due to start at 10:30amon Wednesday 15th May
Court Number: 3
Lawyers for the claimants will be at the Royal Courts of Justice in London from 9:30am and will be available for interview. None of the claimants will be attending.
A number of groups will be organising a vigil tomorrow morning from 9:30am outside the Royal courts of Justice in solidarity with the claimants taking challenges against the bedroom tax – these include Disabled People Against Cuts, Taxpayers Against Poverty, Camden United for Benefit Justice, Single Mothers’ Self-Defence, and WinVisible (women with visible and invisible disabilities).
Contact:
David Standard
Head of Media Relations
Leigh Day
0844 800 4981
07540 332717
ATOS/DWP Damages Disabled People’s Health and Well Being!
• Close ATOS inaccessible building
• Scrap Work Capability Assessments
• Scrap the Bedroom Tax
• Stop the closure of the Independent Living Fund
St Mary’s House, Duke St, Norwich,
NR3 1QA
7th June 2013
1pm – 2pm
DEFEND LONDON’S NHS
●Save Our Hospitals
●No to Privatisation
DEMONSTRATION
SATURDAY 18 MAY
12 noon Jubilee Gardens, Waterloo
Belvedere Rd, SE1
Join BAPS contingent:
Meet 10:30 for 11 set off, outside Finchley Central tube station
OR
Watch out for Barnet Alliance banner in the assembly point, Jubilee Gardens.
Appeal from the organisers:
PLEASE HELP IN THE FINAL WEEK!
DEFEND LONDON’S NHS DEMONSTRATION
SATURDAY 18 MAY 12 noon
Belvedere Road, Waterloo SE1
REMINDER
LONDON COORDINATING MEETING + DISCUSSION ABOUT WHAT NEXT
TUESDAY 14 MAY 6.30pm
Camden Town Hall Judd St WC1 (Kings X Tube)
LATEST SUPPORT FOR DEMO
Includes London Regions of Unison and RCN
See full list here: http://defendlondonsnhs.wordpress.com/
https://www.facebook.com/events/121307804726666/?notif_t=plan_user_joined
LEAFLETS, POSTERS & POSTCARDS
There are still some postcards to publicise the demonstration available. You can also download black and white leaflets and posters here:
A5 Leaflet
http://defendlondonsnhs.files.wordpress.com/2013/03/18_may_bw-a5-updated-pdf.pdf
A3 Poster
http://defendlondonsnhs.files.wordpress.com/2013/03/18_may_poster_bw.pdf
STEWARDS URGENTLY NEEDED
If you or your group can volunteer as stewards please let us know as soon as possible.
Please can stewards meet at 10:30am at Concert Hall Approach SE1
CAN YOU HELP MAKE PLACARDS?
Please let us know if you could help make placards on Wednesday or Thursday 15/16 May.
PRESS
Can you get your local papers to cover the demonstration?
Do you have any local patients or others who it would be good to include in a London press release?
DONATIONS STILL URGENTLY NEEDED
We have managed to pay for the postcards through donations, but would like to be able to print posters, make placards and hire a bus, so please do make a donation if you haven’t already.
Please send cheques to Camden Keep Our NHS Public c/o 32 Savernake Road, NW3 2JP
More information from http://defendlondonsnhs.wordpress.com/ and www.keepournhspublic.com
* * *
REMINDERS:
Tuesday 14 May 2013, 6:30 pm, Greek Cypriot Centre, Britannia Road N12 9RU
FREE Recruitment & Fundraising training, by an experienced trainer – ALL WELCOME
* * *
Tuesday 21 May 2013, 7-9 pm, Greek Cypriot Centre, Britannia Road N12 9RU
Public Meeting: BARNET NHS UNDER THREAT?
Speakers include:
David Lawrence & Anne Summers from The Nationsl Health Action Party (NHAP)
Linda Peanberg King (38 Degrees)
John Morton, Chief Operating Officer, Barnet Clinical Commissioning Group (CCG)
Dr Onkar Sahota (GP & Save our Hospitals)
NEW:
Saturday 1st June, 2-5 pm, Larches House, 1 Rectory Lane, Edgware, Middlesex, HA8 7LF
FREE Public Speaking training, by a professional trainer – ALL WELCOME
Follow @BarnetAlliance
What councils don’t tell you about the enforcement of council tax.
Millions of people who do not pay the council tax now will be charged 8.5% to 30% from the 1st April. Millions will not be able to afford it; councils knew that when they made those irrational decisions.
Councils will not tell you;
1. That they have the discretion to write off the tax for vulnerable and impoverished people under clause 10 (1) 13A (1) of the Local Government Finance Act 2012. It is necessary for the council tax benefit claimant to write a letter to the council setting out their financial circumstances, all debts, and all relevant information such as health/disability. Payment of the bedroom tax, rent due to the overall benefit tax and the rent due to the housing benefit tax would be relevant.
2. That the bottom line is the income left after rent and council tax needed for food, fuel, clothes, transport and other necessities; that has to be a reasonable amount if councils (and jobcentres) abide by the Wednesbury Principles as required by law and endorsed by coalition ministers.
3.That page 9 of the National Standards for Enforcement Agents, published by the Ministry of Justice in 2012, sets out a procedure for bailiffs to return vulnerable cases from the door step to all creditors, including councils for council tax and courts for fines. A change of circumstances since the debt, fine or council tax arrears were incurred is another reason for applying page 9 procedure.
4. That Ministers from the DWP, the DCLG and the MOJ all stated during the passage of the Acts of Parliament, which are creating such misery, how concerned they were for vulnerable people; see their statements as recorded in Hansard in the attached file. Councils and Jobcentres should be reminded that is the coalitions policy; even though crocodile’s tears come to mind.
The details are on the TAP website on this PDF
Grandmother Stephanie Bottrill was forced by this Government to find £20 a week that she didn’t have for the bedroom tax. She had lived in her terrace house for 18 years. Last Saturday she left her home for the last time to walk to Junction 4 of the M6 where she walked out in front of lorry- she was killed instantly. She is the first known suicide to result from the heinous bedroom tax imposed by the Tories. She left notes for her family in which she said: don’t blame yourselves, blame this government. Days before her death she told neighbours ‘I can’t afford to live anymore’. Read more of this harrowing story at http://www.cantpaywontpay.org/publish/?p=2655
A deputy head of a London school wrote to the DWP asking if they knew about the effects that sanctions were having. She described children who hadn’t eaten, children fainting from hunger, children unable to attend school because they did not have shoes.
http://dpac.uk.net/2013/05/dear-department-for-work-and-pensions/
This is 21st century Britain; a place where the suicides and premature deaths from the DWP and Governments regimes are increasing with alarming speed; a place where people are unable to feed their children or their selves.
On the day Stephanie’s tragic story was exposed by the Mirror, the Benefits Justice Summit2 was happening in London. The second of two successful summits and a model that has been replicated in local areas for a ‘fight back’ to this attack on disabled people and people on low incomes by the multi-millionaires and corporate companies running this country. A country that is the sixth richest in the world, but one which sees no end to the demonization and increasing desperation and destitution of ordinary people like Stephanie and many others. We cannot allow this any longer, we must all join together to fight these horrendous attacks on ordinary people!
