A complaint to the United Nations was today launched on behalf of disabled people in the UK whose rights have been breached by the closure of the Independent Living Fund (ILF). The ILF, which is the subject of an on-going and desperate battle between disabled people and the Department for Work and Pensions (1), is high on the priority list for disabled people deciding how to vote at the forthcoming election. The complaint brought by Inclusion London (2) on behalf of two disabled women, Nicky Baker and Dr Melanie Wilson Jones, alleges that the government has violated Articles 17, 19, 20, 30 and 31 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by the UK in 2009 (3).
The Independent Living Fund was set up in 1988 to support disabled people with high support needs to live in the community when the alternative was residential care. Since then it has helped thousands to live active and full lives, contributing to their communities and participating in education, employment and volunteering, family and social life. It is an effective way to provide support with both low cost overheads and extremely high user satisfaction rates (4).
On 13 December 2010 without any consultation or impact assessment, it was announced that the ILF would be closed permanently to new applicants. A ministerial statement was made referring to “informal consultation with disability organisations” but there is no record of this consultation (5). Since then, disabled people who missed out on the Fund have been left without the support they need to take part in day to day life and disabled people’s life chances have dramatically fallen. Meanwhile the government has failed to monitor the impact of the closure.
Nicky Baker, age 30, is a qualified auditor working within a disabled people’s organisation as well as studying part time for a degree. Although eligible for support from the ILF, the Fund was closed the day after she telephoned for an application form. The social care package she receives from her Local Authority does not provide the support she needs to live an independent life, for example to go on dates with her boyfriend without having her parents there or to take part in sufficient training for the high level of powerchair football she reached.
Dr Melanie Wilson Jones received a substantial amount of support including from the ILF after sustaining a brain injury. She made such progress that her needs decreased and thus her support was reduced. However following a road traffic accident in 2011 she sustained a further brain injury requiring someone to be with her constantly. Now unable to get support from the ILF, she is reliant on her husband who works full time and her 16 year old daughter to make up the extra hours of support she needs for evenings and weekends.
Linda Burnip, co-founder of Disabled People Against Cuts, who are supporting the challenge, said: “It is the pooling of resources and collective solidarity that has allowed this to happen. We’re grateful to DPAC supporters for their financial support towards travel costs, to the solicitor and barrister who gave their time pro bono, to Inclusion London for their staffing resources and of course to the two disabled women willing to put themselves forward to make a complaint on an issue that affects all disabled people in the UK. Without all of these factors this could never have been brought to fruition.”
Tracey Lazard, CEO of Inclusion London, who authored the complaint said, “The closure of the Independent Living Fund signals the end of independent living for disabled people. It took many years for disabled people to fight their way out of the institutions and to have the same chances as anyone else to live in the community alongside family and friends. At the current time Local Authorities are simply not able to provide the level of social care support required to uphold disabled people’s fundamental human rights”.
Sophie Partridge, a current ILF recipient, said: “The ILF has played a huge part in supporting me to have equal access to an independent adult life and a level playing field alongside non-disabled people. Without the ILF being re-opened to new applicants, I worry that young disabled people will never get the same life chances as I have had.”
Solicitor Louise Whitfield, from law firm Deighton Pearce Glynn, who is representing the complainants said: “From a legal perspective, I cannot see how the UK Government can justify closing the ILF to new applicants with no consultation or consideration of the rights protected under the UN Convention. Under Article 19, those rights include the fundamental right to independent living which has clearly been breached by this decision and I hope that the UN Committee takes appropriate action to recognise these very significant breaches”.
For more information or to speak to either the complainants or other disabled people affected by the closure of the ILF contact: firstname.lastname@example.org or call 07505144371.
Notes for editors:
1) The future of the ILF has been the subject of two legal challenges: the first was won by disabled claimants at the Court of Appeal in November 2013 and the second was lost in the High Court in December 2014. There have been continued protests and direct actions led by disabled people and their supporters since 2010, including in June 2014 the attempted occupation of the grounds of Westminster Abbey.
2) Inclusion London is a pan impairment pan London Deaf and Disabled People’s Organisation (DDPO) which provides policy, campaigning and capacity building support for London DDPOs. Inclusion London promotes disability equality and has been working with the disabled people led campaign Disabled People Against cuts to support ILF recipients in the campaign to keep the ILF open.
3) The UK is signed up to the UNCRPD Optional Protocol. This means that individuals can take complaints to the UN disability committee for breach of the UNCRPD if all domestic avenues have been exhausted. If the committee find the complaint admissible, they will investigate. and produce a set of recommendations for the State in question. One previous complaint was made to the UN disability committee but found inadmissible as the incidents in question which related to employment discrimination occurred before the UK ratified the convention. For more information about the UNCRPD: http://www.un.org/disabilities/default.asp?id=150
For more information about previous uses of the Optional Protocol: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&DocTypeCategoryID=6
- 2% overhead costs compared to 16% for Local Authorities: https://dpac.uk.net/2012/10/independent-living-fund-ilf-disabled-people-against-cuts-dpac-draft-position-27-sept-2012/
- ILF annual report 2013-14 reported 97% user outcome satisfaction: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/321510/ilf-ara-2013-14.pdf