Government side-stepping UN examination ‘shows contempt for disabled people’
The UK government has been accused of showing contempt for disabled people after it refused to give evidence on its progress since being found guilty of “grave and systematic” violations of the UN’s disability convention seven years ago.
The government has told the UN committee that monitors implementation of the UN Convention on the Rights of Persons with Disabilities that it does not want to be examined in public on its progress later this month.
A UN committee of disabled human rights experts found in November 2016 that the UK government had discriminated against disabled people on the right to an adequate standard of living and social protection, work and employment, and independent living.
Most of those breaches were caused by policies introduced by Conservative ministers at the Department for Work and Pensions (DWP).
The 2016 findings were the result of the first high-level inquiry ever carried out by the UN’s committee on the rights of persons with disabilities (CRPD), which followed years of research and lobbying by Disabled People Against Cuts (DPAC).
The committee has put aside a day in August to examine the government’s progress in implementing the recommendations over the last seven years.
But the UK government has now backed out of attending the session in Geneva on 28 August and says it will not give its evidence until next March.
Representatives of disabled people’s organisations (DPOs) – and four UK human rights and equality bodies – will still attend the session in Geneva later this month to give their evidence, but they will now also have to fund a second trip in March 2024.
DPOs will present a “shadow” report on the government’s progress since the 2016 report, with a coalition of organisations currently putting the finishing touches to their report.
CRPD confirmed this week that the “interaction between the State party and the Committee” had been postponed, but it declined to comment on the UK government’s decision.
Ellen Clifford, a disabled activist who has been working on the DPO shadow report for the coalition, said: “It is not surprising that the government has chosen not to participate in the special inquiry follow-up this year given that their treatment of Deaf and disabled people is publicly indefensible.
“They are consciously breaching and ignoring substantive obligations under the convention and there is clear evidence of further retrogression.”
She said she believed the government was “scared of the bad publicity at a time when they are in a weakened position with continuing industrial disputes and unhappiness due to the cost-of-living crisis and had hoped to avoid further critical scrutiny and bad press through attempting to postpone the session”.
She said the decision showed contempt for the efforts that disabled people and their organisations have put into preparing for the evidence session.
Tracey Lazard, chief executive of Inclusion London, said: “The evidence is stark and clear – there continues to be significant retrogression of disabled people’s rights since the 2016 special inquiry, which investigated the impact of welfare reform on our rights to independent living, employment and decent social security and income.
“Having gathered hundreds of pages of evidence over the last 18 months, DDPOs*, including Inclusion London, are united in the view that the UK government has not implemented the UN committee’s recommendations to protect our rights.
“Far from it – they have made the situation even worse for disabled people than it was in 2016.
“We will be sharing our evidence and our experiences with the UN committee on the rights of persons with disabilities later this month.
“We are shocked, dismayed but not surprised that the government has bailed out and will not be attending.
“If we can gather, collate and provide evidence then why can’t the UK government?”
Mark Harrison, a member of the steering group of Reclaiming Our Futures Alliance, said the government was “sticking two fingers up to the UN and to DPOs in the UK”.
He said: “When the UN said there was evidence of grave and systematic violations, the British government rubbished the UN.
“The contempt they showed to the UN in 2016, this is just a continuation of that, and it just shows that not only do they hold disabled people in contempt, they hold the UN in contempt.
“At best, they want to avoid scrutiny and the bad publicity, and at worst they’re hoping that they can kick it into the long grass beyond the next general election.”
Dorothy Gould, founder of the user-led, rights-based organisation Liberation, said the government’s last-minute request “shows a stark disregard for disabled people”.
She said that many DPOs, including Liberation, had “put hours of work into preparing submissions for the committee, which will now have to be re-done next year.
“No attention has been paid either to the expense for us of now booking flights to Geneva and accommodation in Geneva for a second time.”
Martha Foulds, a member of DPAC’s national steering group, said: “The UK government’s failure to provide an update to the committee is the latest demonstration of their contempt for Deaf and disabled people.
“The government should put its effort into implementing the committee’s recommendations rather than its current commitment to cuts, hostility to claimants and culture wars.”
John McArdle, co-founder of Black Triangle, said the government was “treating the committee with contempt”.
He said: “It makes it crystal clear that the government has stepped backwards from fulfilling its obligations under the convention.”
The government’s Disability Unit, which is based within the Cabinet Office, refused to acknowledge questions about the decision for more than two days. It had failed to comment by noon today (Thursday), more than three days after it was first approached.
*Deaf and disabled people’s organisations
17 August 2023
EHRC report for UN on government’s rights violations ‘not fit for purpose’
The Equality and Human Rights Commission (EHRC) is facing fresh accusations that it is failing to hold the UK government to account on disability rights, after a high-profile submission to a UN body was branded “not fit for purpose”.
The commission was asked to assess the progress of the UK government since it was found guilty of “grave and systematic” violations of the UN Convention on the Rights of Persons with Disabilities seven years ago.
The 2016 findings were the result of the first high-level inquiry ever carried out by the UN’s committee on the rights of persons with disabilities (CRPD), which itself followed years of research and lobbying by Disabled People Against Cuts (DPAC).
Most of the violations of the convention were caused by policies introduced by Conservative ministers at the Department for Work and Pensions (DWP) across work and employment, the right to an adequate standard of living and social protection, and independent living.
The UK is due to be examined on that progress at the UN in Geneva later this month, although the government has refused to give evidence until next March (see separate story).
But the report being submitted to the UN by EHRC and the UK’s three other equality and human rights bodies* – which monitor implementation of the convention as the UK Independent Mechanism (UKIM) – contains far more criticism of the devolved governments of Scotland, Wales and Northern Ireland than it does of the UK government.
The report targets the actions of the devolved governments even though the section of the 2016 CRPD report that describes the “systematic violations” of the convention focuses exclusively on the welfare reforms of the UK government and the actions of DWP.
Analysis of the UKIM report by Disability News Service shows there are 4,711 words about the progress in England and the UK, but 5,007 words on Scotland, 1,494 words on Wales, and 3,142 words on Northern Ireland.
EHRC will have been responsible for the section on England and the UK.
EHRC’s chair, Baroness Falkner, even appears to suggest that the blame for the UNCRPD violations should be shared with the Welsh government.
In a press release issued today (Thursday), she says: “Alongside other human rights and equality bodies in Britain and Northern Ireland, we urge the governments in London and Cardiff to address the problems faced by disabled people and take action to address the UN’s recommendations from 2016.”
Linda Burnip, co-founder of DPAC, said the report was clearly “not fit for purpose”.
She said: “When I was first sent this report, I was told it was from the Scottish Human Rights Commission and as it is so damning of the Scottish government with no real mention of the Westminster government, that is what I assumed it was.
“However, on further reading I realised that this is a joint four-nation report which still has virtually no criticism or reference to the human rights abuses faced by disabled people in England.
“It is deeply disturbing that there is so little criticism of the Westminster government by our EHRC and it seems obvious to anyone reading this report that they are no longer independent but merely another wing of government failing to uphold in any way the rights of disabled people in England.
“How they manage to maintain their A status as a human rights watchdog is beyond my comprehension.”
It is just the latest evidence that suggests the EHRC has become too close to the Conservative-led government and is unwilling to criticise its acts of discrimination and breaches of disability rights.
The commission has been criticised for failing to speak out strongly enough about the impact of cuts to rail staff on the rights of disabled people to travel on the railways.
In May 2022, it declined to criticise the Treasury for refusing to release information that would show the impact on disabled people and other equality groups of the chancellor’s spending decisions in his spring statement.
It has also failed to persuade DWP to sign a legal agreement that would force it to improve its discriminatory treatment of disabled benefit claimants, 16 months after it announced that an agreement was likely to be signed by the summer of 2022.
And it abandoned plans to launch an inquiry into links between DWP’s work capability assessment and countless deaths of claimants.
EHRC had not commented on the concerns by noon today.
Today’s UKIM report says there has been limited or no progress against more than half the recommendations made by the UN committee.
Of 11 recommendations made in November 2016 by CRPD, UKIM says there has been no progress, or little or limited progress, across six of them, although there is a lack of clarity on which governments are responsible for this lack of progress.
UKIM says there has been only “some progress” in implementing the other five recommendations in the seven years since CRPD produced its report.
It says that while “commitments to address some issues have been made, actions have been delayed or don’t go far enough”.
Among its findings, it says there has been little progress in reducing negative and discriminatory stereotypes and prejudice against disabled people, including benefit claimants.
And it says there has been no progress on ensuring access to justice for disabled people, and limited progress in ensuring that “special attention” is paid when implementing policies to disabled people in poverty and at higher risk of exclusion.
It also says there has been no progress in setting up a way to monitor the impact of policies on the rights of disabled people, and no progress in carrying out an assessment of the cumulative impact of all the welfare cuts and reforms on disabled people.
*The Scottish Human Rights Commission, the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission
17 August 2023
New evidence shows government is ‘sacrificing’ right to ‘turn up and go’
New evidence about the closure of hundreds of ticket offices shows the government is “sacrificing” disabled people’s right to enjoy spontaneous travel on the rail network, says a leading campaigner.
A detailed government questionnaire that rail companies must fill in as part of consultations on their closure plans asks if they will be able to continue providing assistance to disabled passengers if it is booked a minimum of two hours ahead of departure.
But the safety and accessibility section of the “major changes” spreadsheet fails to ask how the operator will preserve the right of disabled people to “turn up and go” assistance that does not have to be booked in advance.
Disability News Service (DNS) has confirmed that the template was drawn up by the Department for Transport (DfT).
Last week, DNS reported how campaigners were warning that disabled people’s right to enjoy spontaneous travel on the rail network was under “serious threat” because of the planned closure of nearly 1,000 ticket offices.
They said they believed their right to spontaneous travel through the turn up and go (TUAG) system was under clear threat.
But disabled activist Doug Paulley has now secured a completed spreadsheet from rail operator Northern through a freedom of information request.
The spreadsheet shows Northern being asked how it would maintain its commitment to the “two hour requirement” if the closures went ahead, but no questions about how it would continue to allow TUAG.
This week, the Department for Transport (DfT) refused to answer any questions about its spreadsheet.
A DfT spokesperson refused to say why DfT did not use the spreadsheet to try to protect the right to TUAG assistance.
And she refused to say if DfT wanted to protect the right to turn up and go.
She pointed instead to a statement made by the private sector Rail Delivery Group (RDG), which represents the companies that run Britain’s railways, in which it claims that the “commitment to 20 minute turn up and go will be maintained”.
RDG has refused to explain what it means by its “commitment to 20 minute turn up and go”.
Paulley said: “The DfT’s attempts to paint the intended closures as being an initiative of the train operating companies is so transparently dishonest.
“It is totally clear that the DfT are the drivers of this problematic and ableist attempt to erode disabled people’s rights in the name of economy, and the fact they wrote this spreadsheet, a key part of the closure consultation process, reinforces this.
“There’s no way that these massive staff cuts can be made without significantly affecting disabled people’s right to travel.
“The DfT’s spreadsheet makes even more apparent that disabled people’s right to turn up and go without booking in advance is being sacrificed.
“This is a terrible state of affairs. We are going backwards and our rights being eroded by the government for supposed financial savings.
“This must not be allowed to happen.”
Transport Focus, one of the passenger watchdogs running the consultation process, declined to say if it was concerned by DfT’s failure to include a question about turn up and go on its spreadsheet.
It said it had not produced a separate spreadsheet to the one produced by DfT as that would “duplicate much of the existing document”.
It said that one of the criteria it will use to assess any proposed closures is whether they will ensure that passengers needing assistance “receive that assistance in a timely and reliable manner” – which it said covers both booked and TUAG assistance – as well as the support available when buying a ticket and the ease of requesting assistance.
Anthony Smith, chief executive of Transport Focus, told DNS: “Our independent review of train operators’ proposals is not limited to the information provided in the ‘major change’ template.
“If we do not think that enough information has been provided, we will ask them for more information or reassurances.
“Transport Focus will also use information contained in individual equality impact assessments in assessing train company proposals and from relevant responses received from passengers as part of the public consultation.
“Ultimately, if we are not satisfied, we will object to the proposal.”
He added: “We recognise the importance of our objectivity and independence in this process and will challenge and question train operators’ proposals robustly.
“We would encourage passengers to have their say and respond to proposals ahead of the 1 September deadline.”
Meanwhile, the Conservative mayor of the West Midlands, Andy Street, has refused to back the proposed closure of ticket offices across his region.
He said there were “too many concerns unanswered” in planned closures of ticket offices run by West Midlands Railway, London Northwestern Railway, Chiltern Railways and Avanti West Coast, despite agreeing “in principle” on “the need to modernise the way stations are managed and staffed”.
Street is chair of West Midlands Rail Executive (WMRE), which has released details of the response to the public consultation on the closures it has prepared alongside Transport for West Midlands.
Among their concerns, they say there is “insufficient information” on how disabled passengers would be supported.
WMRE has also asked train companies that operate in the West Midlands to address concerns raised by the disabled-led campaigning organisation Transport for All (TfA).
Last month, TfA drew up a 13,000-word letter, signed by more than 50 disabled people’s organisations and allies, that provided detailed evidence showing the “disastrous” impact that the closures would have on disabled rail passengers.
The letter described how the details within proposals published by 16 train operating companies “completely contradict” pledges they have made around access to support for disabled passengers, staffing levels, ticket sales, and the treatment of rail staff.
The consultation process is being run by Transport Focus and London TravelWatch, and it ends on 1 September.
At the end of the consultation period, Transport Focus and London TravelWatch will have 35 days to examine the responses before deciding whether to object to any of the proposed closures.
If any of the train companies decide to ignore those objections, the disputes will be referred to transport secretary Mark Harper.
17 August 2023
Vital conference will discuss disabled people’s pre-election demands
Disabled people’s organisations will gather next month for a crucial national conference that will discuss their policy demands ahead of the next general election.
The conference is being organised by the two leading networks of disabled people’s organisations (DPOs) in England, Reclaiming Our Futures Alliance (ROFA) and DPO Forum England.
ROFA and the forum have drawn up a disabled people’s manifesto ahead of the general election, which is expected to take place in the second half of 2024.
Their conference on Friday 22 September will discuss the manifesto and ask what disabled people want to see from the next government in its first 100 days.
It will also focus on the long-standing campaign for a National Independent Living Service, and the right to independent living under the UN Convention on the Rights of Persons with Disabilities.
And it will look at how to develop the DPO Forum England, which was set up by DPOs two years ago after the then minister for disabled people, Justin Tomlinson, repeatedly cancelled meetings of the government’s own advisory forum of DPOs.
Representatives of many of England’s DPOs will attend the free, one-day event at the People’s History Museum in Manchester, with many also attending online*.
Mark Harrison, a member of ROFA’s steering group, said the general election would be a crucial one for disabled people “because the hostile environment that the Tories have imposed in the last 13 years has resulted in untold misery and deaths”.
But he said “the jury is out” on what a future Labour government would do “and how they will behave differently”.
He said he was “hopeful” there would be a positive change if Labour won power, but recent announcements suggested they were “sliding” on previous commitments to “undo Tory austerity and Tory policy”.
One key concern is likely to be that Labour appears to be drifting away from a commitment to incorporate the UN convention into UK law, as it promised at the last general election under Jeremy Corbyn, and other pledges made by Labour leader Sir Keir Starmer, such as the right to free social care and a universal right to independent living.
Harrison said: “Having a united voice which is inclusive and diverse and intersectional is crucial.
“That’s why the conference will be a really important conversation with disabled people from across England.”
Following the conference, the manifesto will be presented to the major political parties during the autumn so disabled people can “make very clear demands and hold them to account”.
Kamran Mallick, chief executive of Disability Rights UK, a member of DPO Forum England, said the manifesto “represents the demands of disabled people up and down the country” and “unifies our demands and pushes for concrete political change”.
He said: “No matter our background, class status, race or gender, the disabled community has been failed for decades.
“We all want to enjoy an inclusive society where we can live independently, with the right support when we need it – but government inaction has left our rights undelivered and eroded.”
He called for DPOs, individual disabled people and allies to “scrutinise the document when it is released and support the demands of disabled people”.
One of those speaking at the conference will be Greater Manchester mayor Andy Burnham, who has won praise for his ground-breaking partnership with DPOs through the Greater Manchester Disabled People’s Panel.
He has been one of the few high-profile politicians to support free adult social care.
Those attending the conference will have free access to the museum’s Nothing About Us Without Us exhibition, which explores “the history of disabled people’s activism and ongoing fight for rights and inclusion” and includes a collection of protest material such as banners, t-shirts, photographs, cartoons and sculpture.
*There are about 30 places left at the conference for representatives of disabled-led groups, and another 30 places for representatives who would like to attend online
17 August 2023
Twitter silent over failure to act on epilepsy flashing images posts
Twitter is facing questions over why it has failed to remove posts that attempt to cause seizures in people with epilepsy.
In response to a comment from a disabled person with photosensitive epilepsy about disability benefits, a video of flashing images and the word “bozo” was posted by an anonymous user of the social media website.
But after Disability News Service (DNS) lodged a complaint about the post, Twitter said: “After reviewing the available information, we want to let you know [the account] hasn’t broken our safety policies.”
The person also posted the same video in a separate message, this time accompanied by the words: “For anyone who as epilepsy #epilepsy.”
After consulting with Richard Blaber, the disabled person who was originally targeted, DNS lodged a second complaint with Twitter.
DNS asked Twitter’s press office to comment but had not heard back by noon today (Thursday).
Blaber had not complained about the post himself because his privacy settings mean he only sees posts from people he follows or those who follow him.
But he said: “I’m constantly coming across films and TV shows with scenes involving flash photography and/or strobe effects, with no warning given.
“This is disastrous for those of us with photo-sensitive epilepsy.
“If people on Twitter are aiming videos featuring such phenomena at us, whether deliberately or otherwise, with no warning, that needs to stop, and must be stopped quickly.”
Measures in the government’s online safety bill – which is due for its final stages in parliament next month – could in future offer some protection in such cases.
The bill creates a new offence of deliberately sending flashing images to someone with epilepsy to try to provoke a seizure.
The offence was added to the legislation due to campaigning by Zach Eagling and the Epilepsy Society charity.
Zach started campaigning in May 2020 when he was eight years old and was one of those who had a seizure after targeted online trolling with flashing images following an Epilepsy Society fundraising event.
The main offence in the bill will capture a range of messages, including those sent to multiple people on social media, and more targeted flashing images when the sender knows, or suspects, the recipient has epilepsy.
Another offence will cover showing someone with epilepsy a flashing image on a mobile phone or television screen with the intention to cause them harm.
Social media platforms will have to remove such content once they become aware of it, and if they fail to do so Ofcom will be able to fine them up to £18 million or 10 per cent of their global annual revenue.
Neither the Epilepsy Society nor the government had commented on the Twitter posts by noon today (Thursday).
But a government spokesperson said: “The online safety bill is designed to create a safer digital environment for everyone and introduces robust penalties for those who intentionally inflict harm on people the sender knows, or suspects, has epilepsy through social media.
“That includes a maximum of five years imprisonment or a fine and in some cases, both – sending a clear message that targeting individuals with flashing images will not be tolerated.”
17 August 2023
Campaigner wins right to challenge government in court over kerb heights
A disabled campaigner has won the right to challenge the government in the Court of Appeal over guidance that could lead to her and other blind and visually-impaired people walking into danger.
Sarah Leadbetter is challenging government guidance that was published last year on the use of tactile paving.
She argues that kerbs of a certain height are vital because they allow blind and visually-impaired people to tell the difference between the pavement and the road.
Leadbetter points to a study by University College London that found the minimum detectable kerb height for guide dogs and users of long canes was 60 millimetres, whereas the government guidance allows kerbs that are just 25 millimetres in height.
The Department for Transport (DfT) guidance suggests that 25 millimetres is enough to “help ensure vision impaired people do not inadvertently venture into the carriageway”.
This height was included in the guidance despite objections from charities representing blind and visually-impaired people.
Leadbetter’s judicial review claim was heard in January.
Although the Administrative Court found that the consultation period for the new guidance – which lasted just 12 days – was unlawful, it declined to quash the guidance itself.
Both sides sought permission to appeal.
The DfT’s application was refused, but Leadbetter’s was allowed.
Leadbetter, who is national campaigns officer for the disabled-led campaigning organisation National Federation of the Blind of the UK (NFBUK), said: “I am very pleased with this decision; the minimum height of kerbs to keep blind and visually-impaired people safe has been known for a long time now.
“It is preposterous that the academic evidence provided during the consultation was not taken into account during the updating of the guidance.
“Kerbs are essential for keeping me and my guide dog Nellie safe, and stop me walking out into the road and into danger.
“The guidance in its current format is not safe and it will result in new streets being designed that are inaccessible for people like me.
“It is essential the guidance is correct and that is why we have appealed the original judgment.”
The legal challenge is supported by NFBUK, as well as the charities Guide Dogs and RNIB.
Sarah Gayton, NFBUK’s street access campaign coordinator, said: “It was clear from the start the updated guidance did not protect our access needs and our detailed evidence we provided during the consultation was ignored.
“We were very pleased that Sarah Leadbetter took this case, proved that the consultation was unlawful and has been granted permission to appeal to the Court of Appeal in relation to the issue of kerb heights.
“There can be no compromise; kerbs prevent us from walking into danger and keep us safe.”
Leadbetter’s solicitor, Elizabeth Cleaver, of Bindmans, said: “We are delighted that the Court of Appeal will be reviewing this issue, which is of vital importance to the independence of blind and visually-impaired people.
“We are also pleased that the Court of Appeal has refused permission for the DfT’s cross-appeal.
“The consultation process for this guidance was clearly both inadequate and unlawful.”
A Department for Transport spokesperson said: “We cannot comment on these ongoing legal proceedings.
“Safety is our priority, and we continue to work closely with user groups on all aspects of travel safety.”
17 August 2023
Other disability-related stories covered by mainstream media this week
Disabled people in England and Wales are missing out on an estimated £24 million a month as record numbers wait for their personal independence payment (PIP) review, according to Citizens Advice. More than 430,000 people are awaiting a PIP review as the benefit backlog deepens, with some facing delays of more than two years, the charity network’s report says: https://www.theguardian.com/society/2023/aug/15/pip-benefit-backlog-costing-disabled-people-24m-a-month-says-citizens-advice
17 August 2023
News provided by John Pring at www.disabilitynewsservice.com
