Watchdog takes Equality Act steps against government over rail access
The equality watchdog has taken action under the Equality Act against both the Department for Transport (DfT) and the rail regulator over concerns that cuts and reforms to train services are making the network ever more inaccessible.
So far, the Equality and Human Rights Commission (EHRC) has only written a letter to DfT and the Office of Rail and Road (ORR), but it has warned them both that it “will not hesitate” to use its “other regulatory tools such as our enforcement powers” if necessary.
EHRC is seeking a meeting with DfT and ORR to discuss its concerns.
The commission’s actions were revealed in its response to separate letters it received in August and November.
Both those letters raised concerns about rail destaffing, the closure of ticket offices, and the potential impact of these policies on disabled people’s access to the rail network.
The first letter was sent by the Association of British Commuters (ABC), supported by other activists and allies, including Disabled People Against Cuts, National Federation of the Blind of the UK, National Pensioners Convention, and Professor Philip Alston, the former UN special rapporteur on extreme poverty and human rights.
They called on the equality watchdog to take “urgent action” to prevent an “escalating human rights crisis” for disabled passengers, caused by staffing issues on Britain’s rail system.
And they said that reports that the government was planning mass ticket office closures meant this could be the last chance to act on rail accessibility, which they warned was in a “state of national emergency”.
The letter reminded EHRC that it had warned the government and train companies in 2019 that the move towards running more trains without a member of staff on board able to provide assistance, and an increase in unstaffed stations, as well as the need for many disabled passengers to book assistance before their journeys, could be breaching the Equality Act.
The second letter was sent to EHRC by Labour MP Ian Mearns and nearly 40 other MPs and peers, and raised similar concerns, pointing out that the government’s accessible transport advisers, the Disabled Persons Transport Advisory Committee, had warned the government on numerous occasions about the impact of the “toxic combination” of driver-only operated trains and unstaffed stations.
In response to the ABC letter, Baroness Falkner, EHRC’s chair, said the commission had written to DfT and ORR “to remind them of their responsibilities under the public sector equality duty.
“These include thinking about the equality implications of decisions, monitoring impact and taking action to ensure that rail services are accessible for everyone.
“We have asked for a meeting with them, and we will not hesitate to use our enforcement powers, if necessary, to ensure their compliance with the law.”
And she told Mearns that the commission shared his concerns “that changes to how some rail services operate are making rail travel more inaccessible.
“We have received a number of reports about changes in staffing arrangements at stations and on trains, and allegations that operators are unable to provide reasonable adjustments for disabled travellers, as required by the Equality Act 2010.”
Emily Yates, co-founder of ABC, told Disability News Service yesterday (Wednesday): “The EHRC has spent almost six months looking at the evidence on rail staffing discrimination and it now seems ready to make a move.
“However, given the emergency around destaffing and a transport committee inquiry asking if it is fit for purpose, a more assertive action is overdue.
“The EHRC must urgently make a proper public statement about its concerns. And the use of its full enforcement powers can’t come soon enough.”
Doug Paulley, a prominent disabled campaigner on accessible transport, said: “Destaffing the railways is such a massive issue, which is why I am so in support of [rail unions] RMT and ASLEF [in their current disputes] and have been on the picket lines.
“I support them for all sorts of reasons, including the massive impact on disabled people of shutting ticket offices and destaffing the railways, and driver-only operated trains.
“It’s good that the EHRC are not afraid to use enforcement powers – all pressure to make sure that the railway stays as accessible as possible has got to be welcome – but I do not like or respect the EHRC’s intent or competence.”
He added: “The work that ABC has been doing in attempting to get EHRC to do its job for disabled people seems tireless and amazing as ever.”
A DfT spokesperson had not responded by noon today to the concerns raised by EHRC in its letter, and the threat of enforcement action.
But she said in a statement: “Everyone should be able to travel with confidence and the safety of passengers will always be our top priority.
“We want to modernise the railway by moving staff from ticket offices to provide more face-to-face assistance around stations and our Passenger Assist app is ensuring those with disabilities receive assistance quicker than ever.”
ORR said it was “committed to empowering confident use of the railway for all rail users, including disabled passengers, whether those journeys are made independently or with assistance”, had fulfilled its public sector equality duty when developing guidance, and held all operators to account through their accessible travel policies where necessary.
An ORR spokesperson said the regulator continued “to remind operators about the importance of compliance with their regulatory obligations”.
But he said ORR was “not responsible for determining reasonable adjustments” under the Equality Act”.
He said: “In agreeing an accessible travel policy with an operator, ORR would expect to see evidence that the operator has broadly anticipated the requirements of disabled people and reflected these in their policies, practices and procedures in accordance with part three of the Equality Act 2010.”
But he claimed that the “onus is on the operator to ensure that they comply with the Equality Act 2010”.
Meanwhile, the Liberal Democrat peer Baroness [Sal] Brinton, a wheelchair-user, told a government minister in the Lords yesterday that “at least once a week, the person I am expecting to get me off my train at my home station has not been alerted by the station I departed from.
“Without a conductor on the train, I have to go on to the next station, or even the one after that, and then try to get a train back – assuming I can.”
Baroness Vere, a transport minister, said she was “appalled” by what she had heard, and added: “The system is in place but clearly is not working, and that is what we have to fix.
“We have to go through every element of our railway system, modernise it, and make it more accessible, reliable, punctual and affordable.”
9 February 2023
Call for urgent investigation into DWP’s shocking PIP figures
A minister has been told to carry out an urgent investigation after the number of disabled people whose disability benefits were stopped when they failed to return a vital form rose by more than 450 per cent in four years.
The figures, released by Tom Pursglove, the minister for disabled people, show that in 2017, just 7,500 claims for personal independence payment (PIP) were “disallowed” because the claimant failed to return the AR1 award review form.
But by 2021 this had risen to 42,100, an increase of 461 per cent.
The figures had been requested by disabled Labour MP Marsha de Cordova, following last week’s reports on the death of Laura Winham, who had her disability living allowance (DLA) stopped in 2016 after she failed to respond to requests to apply for the new PIP.
It is believed she died the following year, in November 2017, and at the time had access to just a handful of loose change. Her body was not discovered for more than three years.
Pursglove told de Cordova it would be too expensive to produce figures showing how many DLA and PIP disallowances there have been due to the PIP reassessment process.
But he did release figures showing how many PIP claims were “disallowed” due to non-return of the AR1 form (PDF), which is for claimants to describe “how your disability affects you” when their claim is reviewed.
They showed that the sharp rise began well before the pandemic, more than doubling from 7,500 in 2017 to 15,800 in 2018.
Despite falling slightly the following year, the number of disabled people having a “disallowance” increased from 14,100 in 2019 to 25,400 in 2020 and then 42,100 in 2021.
Pursglove told de Cordova that claimants with “serious mental health, or cognitive conditions who have difficulty communicating or engaging with the process” are marked as needing “additional support” (AS) on the PIP system and so should not be disallowed without an assessment.
And he said that PIP claimants who are “identified or deemed as vulnerable” will be marked as “additional customer support” and should also be protected from disallowance if they fail to return the AR1 form.
De Cordova is recovering from an operation, and so was not available to comment on the figures this week.
But Vicky Foxcroft, Labour’s shadow minister for disabled people, told Disability News Service (DNS) that the figures were “very concerning” and called on the government to investigate them “as a matter of urgency”.
She said she was not reassured by Pursglove’s response and would be pushing ministers for an explanation for the figures, and to investigate whether the disallowances have led to the deaths of any disabled people.
Foxcroft said: “A Labour government will be transparent with all data and reports to ensure we get things right.
“We are also committed to co-production. We acknowledge that it will take time to build capacity because successive Tory governments have systematically cut funding in this area, but we are determined to get this right.”
She said a Labour government would not only publish DWP reports but would also “act on the findings”.
A DWP spokesperson refused to say if Pursglove was alarmed by the PIP disallowance figures, particularly in the light of the death of Laura Winham; refused to provide an explanation for such a rapid increase; and refused to say if the increase was due to a deliberate policy decision by DWP.
DWP also refused to say if Pursglove was confident that no claimants marked as AS had been included in the disallowance figures; refused to say if any claimants marked ACS had been included in the figures; and refused to say what action Pursglove would take to investigate the cause of the rapid increase in disallowance figures.
But the spokesperson said in a statement: “We support millions of people every year and our priority is they get the benefits to which they are entitled to as soon as possible, and to ensure they receive a supportive and compassionate service.
“For anyone with a disability or long-term health condition, there is a strong financial safety net, including statutory sick pay, employment and support allowance and universal credit.
“Only a small proportion of PIP claims are disallowed for non-return of the AR1 form and safeguards are in place to prevent vulnerable claimants’ claims falling out of payment.”
Laura Winham’s death was only the latest in a series of similar tragedies linked to DWP’s failings.
The body of Sophia Yuferev, a talented artist who lived with significant mental distress, was discovered by police in her flat in Hornchurch, Essex, in November 2021, months after all her benefits had been removed by DWP.
Errol Graham starved to death in 2018, months after DWP wrongly stopped his out-of-work benefits, leaving him without any income. He weighed just four-and-a-half stone when his body was found by bailiffs who had knocked down his front door to evict him.
Mark Wood starved to death in 2013 after DWP found him ineligible for employment and support allowance, even though he had never been able to cope with the demands of a job and his GP had said he was incapable of working.
DWP’s failings date back at least as far as the death of Timothy Finn, who starved to death in 1999. His benefits had been stopped automatically after he failed to respond to letters posted to him by the Benefits Agency.
9 February 2023
Citizens Advice signed ‘gagging clause’ in exchange for £21 million from DWP
A national advice charity signed a £21 million contract which included a “gagging clause” that prevented it bringing the Department for Work and Pensions (DWP) “unfairly” into “disrepute”, an official document has finally confirmed.
Citizens Advice signed the Help to Claim contract last year, extending its agreement with DWP to provide support to people making a new claim for universal credit by another year.
But the charity refused to say at the time whether the grant agreement included a gagging clause that could prevent it speaking out on social security issues.
DWP resisted a freedom of information request to see the agreement last February but following a complaint by Disability News Service (DNS) to the information commissioner, it has now backed down and released the document.
It shows that Citizens Advice agreed not to take any actions that “unfairly bring or are likely to unfairly bring [DWP’s] name or reputation and/or [DWP] into disrepute”.
Citizens Advice was unable this week to point to any concerns it had raised publicly about the safety of universal credit since it signed the contract extension in January 2022.
Dr Jay Watts, a disabled activist and consultant clinical psychologist, said the confirmation of the gagging clause was “a devastating blow that will greatly impact claimants’ faith in Citizens Advice”.
She said: “No doubt the senior leaders and trustees will have convinced themselves they can sign the DWP’s gagging clause, and maintain an ethical position, their speech largely unaltered.
“But this is simply not how human psychology works.
“We don’t bite the hand that feeds us. We become, like it or not, more cautious either not speaking out, or doing so only with caveats or a dampened message.
“The government may welcome a muffled Citizens Advice, but this is a tragedy for claimants who desperately need strong and vocal organizations that can unapologetically confront and challenge the government’s cruel and inhumane policies that make life unbearable for so many.”
And a spokesperson for Manchester Disabled People Against Cuts, said: “Citizens Advice continue to fail to see how their role is compromised by allying with the DWP.
“We know we cannot expect them to speak out on abuse and deaths caused by the DWP as long as they are gagged, so are they for citizens or are they part of government?”
The document again highlights the ongoing concerns over charities that sign lucrative DWP contracts that contain gagging clauses but still claim to represent and speak on behalf of disabled people and other benefit claimants.
When the government announced that Citizens Advice (CA) had signed its first three-year contract with DWP, at the 2018 Conservative party conference in Birmingham, disabled activists warned that it would put the independence of the charity at risk, with Watts saying CA had “sold out to the DWP for £51 million after 79 years of independence”.
Just hours after the funding was announced, CA added to those concerns when it refused to criticise DWP at a party conference fringe event over four deaths that had been linked to universal credit, with the charity’s comments about the UC roll-out appearing to contrast with much stronger criticism from fellow panellists.
A Citizens Advice spokesperson said this week: “Our priority has always been to support people who come to us for help and it still is.
“We’ve given advice on universal credit, and a huge range of other issues, throughout the cost-of-living crisis.
“And we use our frontline insights to continue to campaign for changes to the benefits system, ensuring it works better for people we help.
“Nothing in the Help to Claim grant agreement prevents us from continuing to raise our evidence publicly about universal credit.”
This week, DNS passed Citizens Advice a DWP document – released last month in response to another freedom of information request – which shows a series of deaths were linked by the department’s own civil servants to flaws in the universal credit system between September 2020 and November 2022.
Recommendations made in these secret reviews include a reference to messages on the online journal of a claimant not being replied to “in a timeous manner”; another to a failure to respond correctly to a claimant’s journal message; a reference to “the importance of checking system notes prior to sending journal messages”; and the inappropriate use of “No Reply Needed” markings made by DWP staff in response to online journal messages from UC claimants.
All these claimants whose cases were being reviewed will have died, although no further details of their deaths are known.
Citizens Advice made no reference to these concerns in its response this week.
Last year, DNS reported how a disabled woman left traumatised by the daily demands of the universal credit system took her own life just four days after being told she would need to attend a face-to-face meeting with a work coach.
In October, DWP admitted repeatedly breaching the Equality Act, after a disabled man was left needing hospital treatment three times for suicidal thoughts caused by months of failures by universal credit advisers and jobcentres.
DNS also reported on claimants who raised other safeguarding concerns about the universal credit system last year.
They included a disabled woman who spent 37 years living in mental health institutions and hostels, including time sleeping in doorways, who feared the flawed universal credit system would cause her to be evicted from her flat back onto the streets.
Another disabled woman who had fled a violent relationship described how she was left without any income after DWP refused to ease demands placed on her by its “abusive” universal credit system, and then stopped her payments.
9 February 2023
Judge’s prepayment meters order welcomed, but ‘ministers must go further’
Disabled campaigners have welcomed a judge’s order that should put a temporary stop to energy companies using the courts to force customers onto prepayment meters, but they have called on the government to go further and introduce a permanent ban.
Lord Justice Edis, the senior presiding judge of England and Wales, told magistrates courts this week to stop listing applications from energy companies for signed warrants that allow their contractors to force entry into customers’ homes to install prepayment meters.
Any energy companies that want to “press their application” for such permission will now have to “satisfy the court in detail” about the “integrity of their procedures, in particular relating to the vulnerability of occupiers”.
Lord Justice Edis said that any decision to allow the listing of applications to restart will depend on the progress of an investigation by the energy regulator Ofgem and the actions of the government.
The Courts and Tribunals Service will now be consulting energy companies “urgently” about the way forward.
The Disability Poverty Campaign Group (DPCG) believes there are now about one million homes where someone is disabled and paying for gas or electricity through a prepayment meter.
If they cannot afford to top up their prepayment meter, they are not able to access energy in their homes, a process known as “self-disconnecting”.
Disabled people in the UK are far more likely to be living in poverty than non-disabled people, with a recent survey finding two-fifths of them say they could not afford to keep their homes warm, compared with one-fifth of the non-disabled population.
Svetlana Kotova, director of campaigns and justice for Inclusion London, a leading DPCG member, said the order by Lord Justice Edis was “a step in the right direction, and it will help some people.
“But we are appalled at what those on pre-payment meters have to go through.
“We have been calling on the government and Ofgem to take robust action to address this problem, but there are already one million disabled people on prepayment meters, and they need help too.
“Relying on judicial moratoriums or the goodwill of energy providers is not good enough.”
She said the government must bring in new laws to “permanently ban forcing people onto pre-payment schemes”.
And she said there must be a halt to energy companies collecting debts through prepayment meters “as this most affects those disabled people who cannot afford to keep up with the cost of ongoing energy needs, let alone pay arrears.
“There must also be support for people who struggle to pay for energy, especially disabled people, as their energy costs can be much higher, and loss of electricity or gas could become an issue of life and death.”
Meanwhile, Ofgem has launched “a major market-wide review investigating the rapid growth in prepayment meter installations”, following “extremely serious allegations” in The Times newspaper about forced installations by British Gas.
Business and energy secretary* Grant Shapps told Ofgem on Sunday that he was concerned that the regulator was “too easily having the wool pulled over their eyes by taking at face value what energy companies are telling them”.
He said: “I am appalled that vulnerable customers struggling with their energy bills have had their homes invaded and prepayment meters installed when there is a clear duty on suppliers to provide them with support.
“They need to refocus their efforts on their consumers, the British public, who are at the receiving end of this abhorrent behaviour.
“I’m also concerned the regulator is too easily having the wool pulled over their eyes by taking at face value what energy companies are telling them.
“They need to also listen to customers to make sure this treatment of vulnerable consumers doesn’t happen again.”
An Ofgem spokesperson said: “We share the secretary of state’s shock at the behaviour that The Times investigation has uncovered at British Gas and, as a result, we have launched an immediate investigation and have issued a legal order for British Gas to cease all warrant activities until they can demonstrate compliance with our standards and requirements.
“Our reviews have already exposed that there needs to be significant improvement in standards across the sector and I will be discussing with [chief executives] of retailers and consumer groups how we can drive the improvements that customers need and expect at pace.”
*Following a cabinet reshuffle this week, Shapps is now secretary of state for energy security and net zero
9 February 2023
Pandemic ‘could be a cause’ of falling proportion of disabled people
The proportion of disabled people in England and Wales fell sharply in the 10 years between 2011 and 2021, possibly caused – at least partly – by the disproportionate number of disabled people who died during the pandemic.
The fall was particularly marked in those disabled people whose activities were “limited a lot” by their impairment or health condition, with a reduction from 9.2 per cent of females in England to 7.8 per cent, and an even sharper fall from nine per cent to 7.1 per cent of males in England over the 10 years.
The figures from the Office for National Statistics (ONS), released yesterday (Wednesday), were based on the results from the 2021 census.
They show an overall increase in the proportion of the population in England who were non-disabled from 80.4 per cent to 81.3 per cent of females, and a rise from 81.1 per cent to 83.5 per cent of males.
In Wales, where an even higher proportion of deaths linked to COVID-19 were of disabled people, the percentage of disabled people decreased even more sharply between 2011 and 2021.
Again, the fall was even more marked among those who told the census that their activities were “limited a lot” by their impairment or health condition, with a fall from 12.2 per cent to 10.4 per cent of females in Wales, and a drop from 12.2 per cent in 2011 to just 9.5 per cent of males in 2021.
ONS said that one of the contributing factors to the figures could have been the COVID-19 pandemic, with ONS figures showing “that disabled people were at greater risk of death during the pandemic, which could have led to fewer disabled people in the population”.
ONS has previously estimated that about 58 per cent of Covid-related deaths in England between January 2020 and March 2022 were of disabled people, while in Wales about 68 per cent of Covid-related deaths were of disabled people.
But ONS said that other factors could also have played a part in the fall in the proportion of disabled people shown by the census results, including changes to the census disability questions between 2011 and 2021.
The ONS census figures released this week also show striking differences in the proportion of disabled people living in the most deprived areas of England and Wales, compared with the least deprived.
In England, in the most deprived areas, 27.2 per cent of females were disabled, compared with 13.6 per cent in the least deprived areas, while 24.7 per cent of males in the most deprived areas said they were disabled, compared with 11.7 per cent in the least deprived areas.
In Wales, in the most deprived areas, 29.7 per cent of females were disabled, compared with 17.0 per cent in the least deprived areas, while 26.7 per cent of males in the most deprived areas said they were disabled, compared with 14.8 per cent in the least deprived areas.
9 February 2023
Ofgem struggles to justify Equality Act failure, as meter scandal looms
The energy regulator has struggled to explain how it can prevent disabled people being forced onto prepayment meters when it claims to have no powers to ensure power companies comply with the Equality Act.
Ofgem said last week that it was launching an “urgent investigation” into claims that British Gas was imposing “forced installations on vulnerable customers struggling to pay their bills” without exhausting other options and carrying out thorough safety checks.
The investigation follows “extremely serious allegations” in The Times about forced installations by British Gas.
Many disabled and older customers have been cut off from heat and power when they are unable to top up their prepayment meters.
This week, Lord Justice Edis, the senior presiding judge of England and Wales, told magistrates courts to stop listing applications from energy companies for signed warrants that allow their contractors to force entry into customers’ homes to install prepayment meters (see separate story).
Business and energy secretary* Grant Shapps told Ofgem on Sunday that he was concerned that it was “too easily having the wool pulled over their eyes by taking at face value what energy companies are telling them”.
But only last month, Ofgem told one disabled campaigner that it had no powers to act on complaints of disability discrimination made against energy companies.
It claimed that its powers only extended to legislation such as the Electricity Act, the Competition Act, and various Energy Acts.
The regulator told Ian Jones – one of the founders of the WOW petition – in a letter: “While Ofgem ensures that we, as an Organisation, act within the Equality Act, we do not have explicit legal powers to ensure that energy supply licensees do so.”
Ofgem said that all companies must comply with the Equality Act, but that it was “not within Ofgem’s regulatory powers to hold them accountable.
“The Equality and Human Rights Commission is the appropriate regulator for Equality Act issues.”
Jones told Ofgem: “I think it is fair to say that… the companies you regulate have decided that all you care about is keeping customers on supply and that they don’t have to worry about complying with the [Equality Act].
“I have copied my MP into this correspondence in the hope she will take an interest in what appears to be an institutionally disablist regulator.”
He originally complained to Scottish and Southern Electricity Networks (SSEN) last September about its failure to make reasonable adjustments for him after he told the company that the noise caused by a portable generator set up near his Berkshire home had been causing him considerable distress for several days.
He then complained to Ofgem when he was unhappy with SSEN’s response.
Ofgem has repeatedly refused this week to provide on-the-record answers to questions from Disability News Service about its letter to Jones, including whether it would ignore all discrimination-related aspects of its investigation into forced installation of prepayment meters.
It did provide background information that suggested it accepted that it could not enforce the Equality Act, but that the investigation would consider the issue of “vulnerability”, including “disability”, in relation to compliance with the rules.
An SSEN spokesperson claimed the company was “committed to supporting vulnerable customers and working to assist them to meet their needs”.
She said: “Mr Jones raised concerns over a temporary generator installed near to his property and SSEN offered suitable resolutions and/or aids to alleviate the situation, however Mr Jones declined to accept the proposals.
“Mr Jones is advised to seek independent legal advice and/or refer his complaint to the Energy Ombudsman.”
But correspondence seen by DNS shows that SSEN eventually put in place soundproofing measures on the generator, six days after his first complaint.
Seven days after his complaint, SSEN also offered free hotel accommodation, which Jones and his wife turned down, and the following day the generator was finally removed.
SSEN later offered a “goodwill gesture” of £125 for the “inconvenience caused” and the time taken to deal with his complaint.
He has now taken his complaint to the ombudsman.
*Following a cabinet reshuffle this week, Shapps is now secretary of state for energy security and net zero
9 February 2023
New legal advice boss hopes to address disabled people’s ‘huge unmet need’
The new disabled boss of a legal advice organisation is hoping to use the position to address the “huge unmet need” for such support among disabled people across the country.
Mike Smith, a former disability commissioner of the Equality and Human Rights Commission, has taken over as chief executive of the disabled people’s organisation (DPO) Disability Law Service (DLS).
He said he hoped to secure funding to work with other DPOs and law centres around the country to “understand and map the problems disabled people face in accessing justice and then work with those partners to find more effective ways of meeting the needs”.
He told Disability News Service (DNS): “At the moment DLS is a team of just 15 people but I would hope that we can do work to demonstrate the huge unmet need around the country, and find creative ways of meeting that need.
“Far too many people are unable to achieve their legal rights due to lack of knowledge and access to practical advice and support, and structural barriers in the legal system.”
He said he also wanted to look for “more creative, smarter ways to skill disabled people up so that they are better informed and able to enforce their rights themselves”.
He added: “As someone who has been around in the disability rights movement for a while, I appreciate the unique value that access to robust legal advice can make in empowering disabled people to overcome the barriers in society that disable them, and enabling them to achieve equality.
“Such equality comes from rights enshrined in domestic law, but also framing them in the realisation of relevant human rights.”
He began his new role at Disability Law Service this week, following 12 years as chief executive of another DPO, Real, based in the London borough of Tower Hamlets.
He is currently working part-time for both organisations to ease the transition into his new role and Real’s recruitment of a new chief executive.
Smith spent three years on the disability committee of the Equality and Human Rights Commission (EHRC) before three years as a board member and disability commissioner, as well as chairing its disability committee, between 2009 and 2012.
Among his achievements in his three years as commissioner, he led work on the watchdog’s widely-praised inquiry into disability-related harassment, Hidden In Plain Sight.
He described the inquiry report at the time as “the most important thing I have ever done in my career”.
He has also spent time as a board member of Disability Rights UK, the National Centre for Independent Living and Stonewall, and worked for 19 years as a chartered accountant at PricewaterhouseCoopers.
Smith said he had not been looking for a new job but had been approached to consider applying.
He said: “The more I thought about it the more I thought it could be a really interesting role.
“The organisation has faced some challenging times in the last few years but it’s grown again and is on a reasonably stable footing now.”
As a teenager, he was advised by the careers service at his special school to do “something with computers” instead of following his dream of becoming a lawyer because “you don’t see many people in wheelchairs in court”.
He told DNS: “Maybe leading a team of solicitors is the closest I’ll get to that schoolboy dream.”
DLS has been providing free legal advice and representation for disabled people since 1975, and 85 per cent of its board and three-quarters of its staff identify as disabled people.
He said: “The ‘nothing about us, without us’ mantra is very important to me and I don’t think I would have taken a role in a disability organisation if it wasn’t user-led.
“But not everyone knows DLS is a DPO and I think it’s important that we communicate this to a wider group of people.
“Having credibility is incredibly important and this goes above legal excellence.”
He said the staff were “a pretty impressive and committed group”, with many of its solicitors – most of whom identify as disabled – trained and developed by DLS.
“It means that the advice and support they give comes with empathy, not sympathy,” he said.
“That’s important in helping ensure that clients feel understood and respected.”
Last year, DLS received 30,500 calls for help on its legal advice line, and nearly 4,000 people received representation and casework support in employment, community care, housing and benefits.
He said: “The DLS advice line is regularly told that callers have tried many other avenues to get support locally and haven’t been able to. They are often desperate.
“Cutbacks in legal aid have made it harder for disabled people to access justice, and for local law centres to meet those needs.”
Smith said he would also want DLS to influence policy and strategy, including the difficulty of enforcing rights through the Equality Act 2010, which he said “really doesn’t give the results it should at times”.
He pointed to the example of access to shops and other businesses. “In theory, it should be an inexpensive reasonable adjustment for any shop or business with a step at the front door to buy a small ramp. Surely it would be proportionate.
“Yet going around London there are still tens of thousands of shops, restaurants, bars and other businesses that aren’t accessible.
“Why? Because they don’t face any meaningful consequences for not complying with the law.
“Because the law currently says that individual disabled people need to bring action. It just doesn’t work and it’s not fair.”
He contrasted the Equality Act with the Americans with Disabilities Act, which has led to “huge changes” in the US.
He said: “We have to take a fresh look at how we achieve equality for disabled people when the law and the legal systems around it are not delivering.”
Smith has spoken out on this before.
Four years ago, he told MPs that EHRC should be given greater powers that would allow it to take more legal cases against organisations that breach the Equality Act.
And last year, he told Disability News Service he believed there was systemic discrimination across the airport industry in the UK, following the repeated failure to make reasonable adjustments for disabled passengers.
He had twice been failed by airport assistance services, both on the outward and return flights to Gatwick airport.
He said in July: “If this was in the US, people would be suing left, right and centre, but because of the difficulty of taking legal action under the Equality Act by individual disabled people, these organisations clearly do not feel the need to fulfil their legal responsibilities.”
He said this week that he had “blubbed” when he told the “brilliant, brilliant” staff team at Real he was leaving and how much he would miss them, after nearly 13 years in which he merged two much smaller and struggling DPOs into one which is now “pretty successful and stable”.
He said: “There have of course been ups and downs, but I know that the organisation is in a much stronger place, and all those evening and weekend hours worked have all been worthwhile.”
In a statement, Real paid tribute to Smith’s contribution to its growth and development, and wished him well in his new post.
A spokesperson said: “Under his leadership, we have flourished into Tower Hamlets’ foremost pan-disability organisation.
“We have succeeded in achieving remarkable outcomes for disabled people in the borough and beyond.
“He can be particularly proud of the strong connections he has forged for the organisation within the council, other statutory bodies and even nationwide.”
Smith has twice hosted House of Lords committees to “amplify the real-world experiences of our members”, Real said.
It is now recruiting a replacement chief executive.
9 February 2023
Anger over invisible impairment assistance failure by BA and Heathrow
A woman with invisible impairments had a major panic attack at Heathrow Airport after staff refused to provide the assistance she needed because she was not a wheelchair-user.
Sophie Grand had spent months emailing British Airways to ensure she would receive the assistance she needed to cope with her anxiety and panic attacks for her flights to and from the Maldives last month.
Now she is calling for Heathrow Airport and British Airways to take action to ensure that passengers with invisible impairments can receive the assistance they are legally entitled to when traveling by air.
She had been assured by British Airways that she was entitled to assistance, and that the service was not just for wheelchair-users and others with mobility impairments.
Her previous visit to Heathrow Airport – after returning from her delayed honeymoon – had led to a panic attack, which had persuaded her to try for the first time to obtain the assistance she is entitled to.
She finds that being accompanied by a member of staff eases the risk of panic attacks as she passes through busy sections of the airport such as passport control and security.
The outward flight from Heathrow in January went off reasonably smoothly, despite having to explain to check-in staff why she needed assistance, and both visits to Velana International Airport were “plain sailing”, thanks to efficient and professional assistance.
Grand, who works as a further education training consultant and has a masters qualification in education and inclusion, said: “It was fantastic. For the first time in about 10 years, I got to a holiday destination without having a panic attack.”
But there were problems from the moment she and her husband Paul landed back at Heathrow on 13 January.
A member of cabin crew told them that they were not booked in for assistance, and Grand had to explain again why she needed support.
Another member of BA cabin crew tried to find her someone to provide assistance when they disembarked, but Grand and her husband were left at the special assistance desk.
Grand said: “The two women at the desk refused to give me special assistance because I didn’t need a wheelchair and kept asking me over and over again [about her impairment] and I kept explaining.
“I ended up having a huge panic attack. I couldn’t breathe.”
By the time she had recovered, the busy passport control hall had cleared and there were no queues and she and her husband were able to leave the airport.
She said: “It was absolutely the worst experience trying to fight for special assistance and having to re-explain my invisible disability over and over again.”
She has complained to both Heathrow and British Airways, but she believes the airline was most to blame.
Now she wants to see improved staff training on the needs of disabled passengers who do not have physical impairments.
She is determined to give evidence about her ordeal to the inquiry launched last week by the Commons transport select committee into the effectiveness of laws that are supposed to ensure an accessible transport system.
She said: “I’m frustrated. In the year that we’re in, with the knowledge that we have, how this is still happening is just beyond me.
“I feel very privileged to be able to explain my situation and write complaints and articulate how I feel but I think there are people who unfortunately may not be able to do the same and this cannot happen anymore for people like us.
“We have the choice to not go on holiday anymore and whilst this isn’t ideal it is something we are thinking seriously about.
“However, there are others in my situation who do not have a choice. They may need to travel for work or to visit family and are faced with the same treatment I received.
“This is concerning and very frustrating to think about.
“I hope my story will add fuel to the fire and make other people realise that this is not OK.”
A Heathrow Airport spokesperson said: “At Heathrow we want all of our passengers to have a smooth journey every time they travel and we’re disappointed to learn this wasn’t the case for Sophie.
“Our team is currently investigating this incident, the learnings we can take from this and we apologise for any distress this caused.”
British Airways said it had failed to carry over the assistance request when Grand and her husband changed details on their booking.
It has apologised and offered her a voucher worth £200 as a “gesture of goodwill”.
A BA spokesperson said: “We’re sorry for the experience our customer had when recently travelling with us, and don’t underestimate how this made them feel.
“Unfortunately, due to human error, the requested assistance was not communicated to the airport teams, and we’re putting steps in place to ensure this doesn’t happen again in the future.
“We’re in contact with the customer to apologise and resolve the matter.
“We aim to become the airline of choice for customers with invisible and visible disabilities, and we’re committed to ensuring a seamless travel experience, including becoming the first UK airline to formally recognise the Hidden Disabilities Sunflower lanyard scheme.”
But Grand said: “Following the response from both British Airways and Heathrow, I do not feel reassured that necessary changes will be made anytime soon for those with invisible disabilities.
“Heathrow did formally apologise and spoke to members of staff about this incident.
“British Airways chose to offer compensation in the form of a voucher. This is something I doubt I will ever be able to use as they have blamed a system error when we upgraded our flights.
“This does not acknowledge the amount of different times I spoke to British Airways ground and cabin crew staff after the upgrade was purchased who still did not provide me with the assistance I needed.
“Therefore, I will be taking my complaint with British Airways further to the Civil Aviation Authority.”
9 February 2023
DWP finally agrees to publish universal credit ‘fit for work’ figures
DWP has finally agreed to start publishing crucial figures showing how many disabled people claiming universal credit are being found “fit for work” after being subjected to the work capability assessment (WCA) process.
Former DWP ministers such as Therese Coffey and Chloe Smith repeatedly argued that it would be too expensive to produce official statistics showing how many disabled claimants of universal credit have been put through the WCA, what level of benefit they received following their assessment, and how many were being found fit for work.
But yesterday (Wednesday), DWP quietly published an update to its statistical work programme which showed it would now be producing the new statistics every three months.
The first set of the quarterly figures is due to be released on 8 June.
Sarah Newton, the minister for disabled people at the time, promised nearly four years ago that DWP would soon be publishing official WCA universal credit statistics.
But those statistics were never published.
The Office for Statistics Regulation (OSR) told DWP last year – following a complaint by Disability News Service – that its failure to publish universal credit WCA statistics left “a gap in the information available” and that there was a “wealth of evidence around the need for transparency around Universal Credit WCA statistics”.
DWP later produced some limited, unofficial figures in response to a question from Labour’s Stephen Timms, chair of the Commons work and pensions committee.
DWP is now set to produce quarterly “experimental” statistics, which will show how many people are placed in the limited capability for work (LCW) or limited capability for work related activity (LCWRA) groups after a WCA.
And it will show – dating back to April 2019 – how many claimants DWP has found fit for work (now known as “no limited capability for work”) or placed in the LCW or LCWRA groups.
The DWP document says the decision to publish the new statistics was taken to “address the gap highlighted by correspondence with the Office for Statistics Regulation”.
OSR had told DWP’s chief statistician last August: “It is disappointing that, due to circumstances beyond your control, the Department is tolerating this significant data gap.”
Despite ministers launching universal credit in 2013, DWP has yet to provide regular statistics to show how many claimants have been put through the WCA, how long they have had to wait for a WCA, and what level of benefit they received following their assessment.
Even though the WCA system has been closely linked by years of evidence to countless deaths of disabled people over the last decade, DWP only produces official WCA statistics relating to employment and support allowance (ESA).
Most non-working disabled people of working age are now receiving universal credit rather than ESA, which is slowly being phased out.
9 February 2023
Other disability-related stories covered by mainstream media this week
The House of Lords has overturned plans to clamp down on protest marches that cause too much disruption. The government had proposed giving police powers to stop protesters using tactics such as blocking roads and slow marching before disruption takes place. Critics had described the proposals as an attack on the right to protest. Peers removed the plans from the public order bill on Tuesday. Ministers cannot re-add the clauses when the bill returns to the House of Commons: https://www.bbc.co.uk/news/uk-politics-64561868
Tens of thousands of disabled people across the UK wrongly deprived of benefits by the Department for Work and Pensions could share in compensation potentially totalling about £150 million after an appeal court ruling. Lawyers for two disabled men, known as TP and AR, who first took the DWP to court five years ago, have written to the government asking them to set out how they will compensate them and others who were left hundreds of pounds out of pocket each year after being moved onto universal credit: https://www.theguardian.com/society/2023/feb/03/disabled-people-left-short-in-universal-credit-move-may-get-compensation?CMP=Share_AndroidApp_Other
Disabled former MP Jared O’Mara has been found guilty of six counts of expenses fraud. O’Mara, 41, who defeated Nick Clegg to represent Sheffield Hallam from 2017 to 2019, went on trial for submitting “dishonest” invoices to the Independent Parliamentary Standards Authority (Ipsa) between June and August 2019: https://www.mirror.co.uk/news/politics/ex-mp-jared-omara-guilty-29165996
The UK government could be delivering disability living allowance and some other devolved benefits in Scotland for another three years. Work and pensions secretary Mel Stride has written to the Scottish government to extend transitional arrangements. New devolved powers in 2016 gave the Scottish parliament responsibility for £2.8 billion of social security expenditure. The Scottish government said it was “always a joint programme of delivery” between both governments: https://www.bbc.co.uk/news/uk-scotland-scotland-politics-64549044
A disabled woman has become the first wheelchair-user to climb the monument to the Great Fire of London. Anahita Harding, an artist from Lewisham, south London, climbed the 311-step building using only her arms. Harding wants to raise awareness of how hard it is for disabled people to escape from buildings during an emergency. She previously had to leave a building, which was being evacuated following a kitchen fire, using her arms: https://www.bbc.co.uk/news/uk-england-london-64541346
A man has been found guilty of gross negligence manslaughter after his disabled daughter was found dead in “squalor”. Kaylea Titford, 16, who had spina bifida and was morbidly obese, had been confined to her bed in the months before her death in “degrading” and “inhumane” conditions. Alun Titford, 45, from Newtown, Powys, was warned to expect prison time as he was convicted at Mold Crown Court. Kaylea’s mother, Sarah Lloyd-Jones, 40, previously admitted the same charge: https://www.bbc.co.uk/news/uk-wales-64538142
9 February 2023
News provided by John Pring at www.disabilitynewsservice.com
