Mar 202020
 

Previously when we’ve asked people to write to their MP we haven’t had many people do it.

This situation is extremely serious and I can’t  stress this enough, WE NEED YOU TO WRITE TO YOUR MP THIS WEEKEND, this is being voted on Monday.

Please read this below from Inclusion London, and then ACT by writing to your MP, there is a template letter below.

If you don’t write to your MP and these measures get voted through and you lose your social care, or your civil liberties are legally infringed,  then you only have yourself to blame.


Coronavirus Bill could leave thousands of Disabled people without support

The bill potentially poses a serious risk and can put the wellbeing of many at real danger.  We ask you to write to your MP immediately.

Inclusion London is very much concerned about the devastating impact of the proposed Coronavirus Bill on the lives of thousands of Disabled people.  It potentially poses a serious risk and can put the wellbeing of many at real danger.

The Bill sets out emergency laws in response to the COVID-19 emergency. The Bill is being debated in Parliament on Monday 23 March. We urge you all to write to your MP expressing your concern over the implications of the Bill for Disabled people.

We have drafted a template letter which you can download here and send to your MP.

You can use this website to write to your MP:  https://www.writetothem.com/write

Why we are concerned

As it stands the Bill poses a serious risk to the lives of many Disabled people, especially those of us who need social care support.

The Bill will effectively free local authorities of their duties to provide social care support under the Care Act 2014 and will only oblige local authorities to provide support in cases where the human rights of Disabled people will be breached.

We know from experience that in order for human rights to be breached in social care context the situation has to be very critical or severe.

Please act now and write /email your MP before this Monday 23 March – you can use the template below. The letter can also be downloaded here as a word document.

 


Template letter to MP

Dear [add your MP’s name]

Coronavirus Bill: Disabled people are in danger

I am writing to ask you to take action to protect the lives of many thousands of Disabled people.  Please raise the issue and if possible table and support the amendments to prevent this from happening.

I believe that the #CoronaVirusBill presents a real and present danger to the lives of Disabled people. The government’s plans for Disabled children and adults during the crisis are effectively rolling back 30 years of progress for Disabled people.  They also come after years of chronic under funding of social care which have resulted in a social care system already at breaking point. The government’s plans are to:

  • remove Disabled people’s rights to social care
  • change the duties to educate to meet children’s educational requirements to a ‘reasonable endeavours’ duty
  • severely undermine the civil liberties of Disabled people and erode their rights to support.

I understand this is an unprecedented and extremely challenging situation, but given the already broken social care system this Bill will almost inevitably leave many thousands of Disabled people without essential support or any rights to request this support. Rolling back our rights is not good for anyone and in the current circumstances will put many lives at risk.

Rather than removing Disabled people’s right to social care support the government must treat our essential social care service as key infrastructure, alongside the NHS, and as such it must immediately provide the necessary funding to keep this vital service running.

To explain my reasons for writing to you, please see my understanding of negative social implications of the #CoronaVirusBill on the lives of Disabled people and their families detailed below.  This information was prepared by the barristers who specialise in public law and disability rights.

Yours sincerely

[Name]

Implications of the Bill for Disabled people

What does it mean for disabled adults? 

The Bill suspends every duty in the Care Act, 2014, including the duty to meet the eligible needs of disabled people (Section 18) and their carers (Section 20).  Under the #CoronaVirus Bill, Local Authorities will only have to provide care ‘if they consider it necessary’ for the purposes of avoiding a breach of the European Convention of Human Rights (ECHR).  There is no human right to social care or positive obligation under the ECHR to meet care needs.   See assessment from leading lawyers specialising in Social Care here: https://www.39essex.com/the-coronavirus-bill-schedule-11/

Other changes set to be introduced through the #CoronaVirusBill will allow health bodies to delay carrying out an assessment for eligibility for NHS continuing care

What does it mean for disabled children and young people?

Duties for young people transitioning to adult social care have also been suspended.

The Secretary of State for Education will have power to disapply the duty on schools and other institutions to admit a child to a school where they are named on an EHCP.  The Secretary of State will be able to vary provisions of the act, such as the core duty to procure provision set out in an EHCP, so instead of being an absolute duty it becomes a ‘reasonable endeavours’ duty, creating a lesser entitlement for up to two years.

What about the Mental Health Act?

The power to recommend individuals be detained under the Mental Health Act will be implemented using one doctor’s opinion instead of two, making it easier for people to be detained.

The proposed bill will temporarily allow the extension or removal of time limits in mental health legislation which means individuals might be released into the community early, or find themselves detained for longer.

Under section 5, emergency detention for people already in hospital would extend from 72 hours to 120 hours, and nurses’ holding powers would extend from 6 to 12 hours. Under sections 135 and 136, police powers to detain a person found in need of immediate care at a “place of safety” will extend from 24 hours to 36 hours. Under section 35/36, the cap on how long someone can be held in hospital while awaiting a report (currently 12 weeks) will be lifted.

What about the rights of disabled people?

Local authorities will have a duty to uphold disabled people’s human rights under the European Convention on Human Rights, BUT the threshold for a breach, in terms of not providing care and support is high, which means that disabled people will be left without care and support. Lack of care and support will have a significant impact on disabled people’s well-being, but may not be considered to reach the threshold for their human rights to have been breached – they will NOT have a right to care and support.

Sources of information

Watch @stevebroach, Public Law Barrister talk about the impact of the Bill here: https://www.specialneedsjungle.com/steve-broach-public-law-barrister-on-the-coronavirus-bills-implications-for-disabled-children/

Read this Twitter thread for more information: https://twitter.com/JamieBurton29/status/1240781535340568577

Statement from National User Survivor Network: https://www.nsun.org.uk/News/covid-19-and-human-rights

Current hashtags: #CoronaVirusBill #CoronavirusBillUK

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 Posted by at 22:22

  8 Responses to “URGENT Action Needed over the threats to disabled people in the Coronovirus Bill”

  1. Fired off an email to my MP Tom Hunt (conservative/Ipswich) re Corona virus bill, recieved a letter on Thursday 26th march 2020 dated 25th march.
    in his reply he states and I quote; ‘I appreciate you detailing your view that this bill would erode the rights of disabled people to social care and other forms of support. I want you to know that the intention of the Bill is quite the opposite.
    The social care measures within the Bill allow for local authorities to prioratise the provision of social care to the most vulnerable during this difficult time. This means that those who need social care to live thier everyday life would be prioratised and recieve the care they need. These powers would only be used if demand pressures and workforce illness during the pandemic meant that local authorities were at imminent risk of failing to fullfil thier duties, and these powers would only last for the duration of the emergency.

    Local authorities will still be expected to as much as they can to comply with their duties during this outbreak and they are still required to meet everyone’s needs to the greatest extent possible. I want to be clear that this legislation does not remove the duty of care towards an individual at risk of serious neglect or harm.

    Given the importance of this issue, I have written to the Secretary of State for Health and Social, Matt Hancock MP, to raise your concerns about this legislation for disabled people directly with him.please find enclosed a copy of the letter I have sent. I will contact you again as soon as I have recieved a responce from the Secretary of State’. end quote.

    To put a bit of context with this MPs reply, I’d contacted him in february 2019 when he first came to my attention, I’d emailed him to ask if he agreed or disagreed on the statement from the UNCRPD that the UK gov’t is in violation of disabled peoples rights here in the UK eg; ‘Grave and Systematic Violations’ and have caused a ‘Human Catastrophe’.
    In the email reply to me, one line of his responce stood out like a sore thumb here it is in context.
    Quote; I appeciate that this is an issue where very strong opinions and quite rightly and understandably because the treatment of those with disabilities is clearly of the utmost importance. I also appreciate that that there are many who do not belive in the approach that the Government has taken on this issue. However, in answer to your dirct question, I do not belive that the Government is in violation of dsabled peoples rights in the UK’. end Quote.

    So dear reader the reply from this MP re the corona virus bill I’d take with a fleet load of trucks full of salt not a pinch. Appologies for the long read.

  2. I just had this response from my local MP today –

    Cllr Mark Smith has asked me to forward details of your local MP, as this enquiry is more suitable for his attention.
    His name is Scott Benton.scott.benton.mp@parliament.uk

    ‘I don’t agree with your understanding of the Bill. There are a number of misconceptions in the brief you sent through which I would be happy to discuss with you if that would be helpful. Best wishes Scott’

    Dear Scott,
    What part don’t you agree with after copying the key points from the Mental Health Act and Care Act reduction with the Coronavirus Bill?
    To ensure that the most vulnerable in the constituency are protected especially given the current crisis.
    I inquire as a Qualified Health Psychologist with 7 years field work experience in the Blackpool area focusing on mental health, well-being and isolation.

    ‘The Bill absolutely does not remove Disabled people’s rights to social care or severely undermine the civil liberties of Disabled people. Can you highlight the sections of the Bill where you think this is the case and I will add further detail. Best wishes Scott’

  3. Do not stop caring about disabled people

  4. Written to my MP, Dan Jarvis. He does a lot on behalf of Disabled and vulnerable people.

  5. I would expect my MP, Ian Lavery, would vote against this, but I emailed him anyway.

  6. Vicky Foxcroft Lewisham Labour E mail sent. What times we travel through it is the least i could do.Thank you for the work you do and information you pass.

  7. I can see no reason for the Government to add this to the Coronavirus bill. Unless it is simply to let disabled people die. There is no other conclusion. There is no basis for this section in the bill. This vile sadistic excuse for a government is certainly creating “The Final Solution” and doing it legally.

    I have every single time when asked contacted my local mp. Sadly she has replied once. I don’t hold out much hope this time either. She is Marion Fellows and her ward is Motherwell and Wishaw. Disgust would be a very inadequate word for how I feel about her and other mps who don’t seem to care about their constituants.

    The disabled in the uk are in for a real tough ride over the next few years. This bill might be temporary but how long is temporary? With this government it could be a long time and probably will be.

    I do urge every member to contact their mp no matter how futile it seems. Some will listen.
    I have both underlying health issues and psychological problems as well. My anxiety is through the roof. I’m self isolating because I choose to. Yesterday I went on line to doa delivery shop in Asda. The first date I could get is April the 5th. The asda web site has become totaly innaccessible for me as I am a blind person and use a screen reader called Window-eyes, nvda and jws. All don’t work on that site. Despite that I get a friend to check me out as that part is useless.

    This another aspect of life for the disabled that is becoming the norm. The ammount of web sites that are not accessible is getting worse every day.
    Again I urge everyone to contact their mp. We have to do something or these erotions of our rights will get much worse.

    • I’m fortunate that my MP, Ben Lake, always replies to anything I send, like this, but it’s getting harder and harder to find MP’s that will pay more than lip service to our pleas :/

      I’m worried sick about this Bill, as I feel it’s yet another sneaky way for this vile government to rule the lives of the disabled, and to change things in a much more permanent way than they pretend.
      Every single bit of legislation that has been so hard-fought for is being stripped away from us under this government, and that terrifies me, frankly 🙁

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