Independent living amendment – One more chance to get independent living included in the Care Bill but we have to act now!
Just email the template letter below to you MP – Find out who is your local MP at: https://findyourmp.parliament.uk/ Their contact details are available at: https://www.parliament.uk/mps-lords-and-offices/mps/
Encourage your users/members to send the letter too.
If you need more information please don’t hesitate to contact Henrietta.doyle@inclusionlondon.co.uk
Many thanks for your action!
Henrietta
Here’s the template letter:
Dear (Name of your MP)
Please write to the Minister of Care, Norman Lamb to ask him to put forward the Clause below as a Government amendment to the Care Bill 2013 at Commons’ Report Stage:
Clause 1, page 2, after line 1, insert:
“(j) the right to living independently and being included in the community.”
This Clause, which was recommended by Joint Committee on Human Rights, will provide for a free-standing right to independent living that could be directly enforceable by individuals in domestic law.
Why is the amendment needed?
The Government has not included the right to independent living in the Care Bill, believing that the duty to promote Well-being covers this vital right. However, although the current ‘well-being’ definition in the Care Bill 2013 does incorporate some aspects of independent living, it leaves out vital independent living concepts of equality, choice, access, inclusion, rights and equal participation.
This is supported by Law Society’s response to the Care Bill, which points to the limitations of the well-being principle saying that “the failure to reference the right to independent living as central to the provision prevents the necessary approach to the individual and their specific needs”.
The lived experiences of disabled people overwhelmingly support the need for a free-standing, enforceable right to living independently and being included in the community, because support in many areas is being cut to a clean and feed model of care, which prevents participation in the community and an active life. This situation will become even more urgent if the closure of the Independent Living Fund goes ahead: Local Authorities will be responsible for those with highest care and support levels of need, at a time when Council’s support packages are being cut to the bone, with the consequence that disabled people are increasingly denied equal life chances and quality of life.
We need independent living and being included in the community in the Care Bill to ensure the full and equal participation of disabled people as much as the well-being of the individual.
We agree with the Joint Committee that the Care Bill is the most appropriate opportunity for the Government to provide the necessary legislative underpinning of the right to independent living as enshrined in Article 19 of the UN Convention on the Rights of People with Disabilities.
We would also like to highlight that the judgement on the Independent Living Fund (ILF) which raised the need for the Minister to consider the UK’s obligations under Article 19 when making the decision on the closure of the ILF.
I urge you to ask the Government to bring forward the amendment above at Report Stage of the Care Bill 2013.
Regards,
(Your name and organisation)
References:
https://www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/news/care-bill-substantive/
2https://www.inclusionlondon.co.uk/domains/inclusionlondon.co.uk/local/media/downloads/Bracking_v_DWP_4.5_draft.pdf
3 https://www.un.org/disabilities/default.asp?id=259
