Ellen Morrison

Nov 212024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Seven supermarket chains have introduced inaccessible fridges in their stores, say disabled shoppers

Disabled people from across the country have raised concerns about how seven major supermarket chains have introduced inaccessible fridges to stock fresh food in their stores.

Disabled shoppers have highlighted stores run by Aldi, Asda, Lidl, Morrisons, Sainsbury’s and Tesco, which they say have all introduced the chiller cabinets in recent months following refurbishments.

They spoke out after last week’s Disability News Service (DNS) news story which reported how Co-op was accused of discrimination after installing chilled food cabinets with inaccessible doors, preventing many of its disabled customers accessing fresh produce such as fruit, vegetables, milk, cheese and meat.

So far, none of the seven chains have confirmed whether they consulted disabled people before installing the chiller cabinets; whether they had carried out assessments of their impact on disability equality; how many of their stores will eventually be affected; and whether they believe their actions are discriminating against many of their shoppers.

One wheelchair-user posted a picture on Twitter of an inaccessible chiller cabinet in an Asda store on the Isle of Wight, and said: “I had independence to shop. These doors stopped it.”

Another disabled shopper said: “All of them are seemingly going this way. Both Asdas near me now have doors.

“I get that it’s probably to conserve energy which I appreciate but it shouldn’t be at the expense of disabled people being able to buy freaking food. Ever.”

Disabled campaigner James Ingram said a large Sainsbury’s had installed chiller cabinets with doors as part of a major refurbishment in north London, which was “actively disabling customers”.

Another disabled shopper said on Twitter: “The Aldi nearest to me has them and I’ve been forced to swap to another branch as they are inaccessible for me.

“Just hoping that that one doesn’t install them too.”

And a disabled former Co-op staff member said: “I worked in a Co-op for 15 years, went back last year to my old store and found a lot of it is inaccessible to me in a power wheelchair now. Made me sad tbh.”

Vikki Walton-Cole, co-chair of Surrey Coalition of Disabled People and a powerchair-user, complained to Sainsbury’s after it introduced the new fridges in its store in Cobham.

She told the store in a complaint email: “Previously I could park up parallel to a cold item shelf, raise my wheelchair and reach to the side to select the item I wanted.

“I have been happily shopping in this way since 2022 when I was given this current chair and my independence greatly improved.

“I was therefore shocked, frustrated and dismayed that Sainsbury’s have decided to remove this ability from me and disable me further in their stores, and have moved into Eco Ableism with their new store designs.

“Adding doors onto all the cold item cabinets requires someone to have two full strength working arms to open and select an item.

“Additionally it prevents a wheelchair user from getting close to the shelves, having only the ability to go in forwards and therefore be unable to get physically close to the shelves.

“That is if a wheelchair user can even open the doors which I was unable to do.”

But Sainsbury’s refused to provide any equality impact assessment it might have carried out; failed to say if it would halt any ongoing plans to introduce the cabinets until an investigation had taken place; refused to share any access advice it had received; failed to provide contact details for its legal department; and failed to promise to ensure every aisle with the new fridges had a staff member available to assist a shopper who needed help.

Instead of answering these questions, a Sainsbury’s manager told her to “seek your own independent advice” if she remained “unhappy”.

Walton-Cole told DNS: “Whilst I appreciate that I can, and do, shop online, sometimes I like the independence of popping in to pick up anything that we forgot or wasn’t available online.

“This is quickly being swept away and I am reliant on there being enough staff to assist me, which I wasn’t before.

“I’ve seen some places do sliding door cabinets, which were slightly better in that you could at least get a bit closer (provided there were no low-level displays).

“But there needs to really be a solution that disabled people are included in finding.

“We also don’t want a climate emergency but not at the expense of us being totally excluded from basic everyday living.”

So far, not one of the seven chains – Aldi, Asda, Co-op, Lidl, Morrisons, Sainsbury’s, Tesco – has said if it consulted disabled people before installing the chiller cabinets; whether it had carried out assessments of their impact on equality; how many of its stores will be affected; and if it believes its actions are discriminating against disabled people.

One chain, Asda, had not commented at all by noon today (Thursday).

Despite the complaint lodged by Walton-Cole, Sainsbury’s claimed in an email to DNS that no problems had been reported with the new fridges.

A Sainsbury’s spokesperson said: “This style of chiller cabinet is currently in a very small proportion of our stores and the needs of our disabled customers were factored into their design.

“We also continue to provide our assisted or accompanied shopping service to anyone who would like support.”

It said it had installed vertical handles on the chiller doors, rather than putting them at a single fixed height, for accessibility reasons.

Aldi claimed its cabinets complied with the Disability Discrimination Act – which is now nearly 15 years out of date – and were made of lightweight material, and that it had widened its aisles to ensure room for customers to pass while the doors are open.

Aldi said in a statement: “Making our stores accessible and inclusive for all customers is important to us and our store colleagues are always on hand to help any customers who may need further assistance.”

Morrisons said in a statement: “We have colleagues around the store to offer assistance to customers where necessary.”

Tesco said in a statement that “all customers can ask a colleague if they need any assistance” and added: “We have been installing doors on our chiller units as one initiative to move us towards our zero emissions target.

“Our design standards governance team evaluate the impact of any changes to our stores that may impact on the customer shopping experience.

“We will continue to note customer feedback and keep these changes under review.”

A Lidl spokesperson said: “Where we have doors in place, it’s to preserve the required temperatures, as is standard across the industry.

“Our doors feature long, easy-to-grip handles positioned at a convenient height and are designed to be lightweight, making them easier to open.

“Additionally, the glazed doors also deliver energy savings of up to 40 per cent, helping us reduce our scope one and two emissions.

“Should any customer require support, we have assistance bells at the front of our stores that alert a team member.

“Careful consideration is given to the accessibility needs of our customers during the design of our stores, and we make adjustments wherever reasonable and possible to ensure a pleasant and accessible shopping experience.”

Co-op has still refused to answer key questions about the chiller cabinets for the second week.

It claimed it worked with “disability organisations to guide us to do the right thing” and that measures it had taken included “ongoing colleague training to provide help and advice to any customers requiring assistance, clear signage at key locations on how to request assistance, and reviewing product placement”.

A Co-op spokesperson said: “These steps sit alongside collaboration with accessibility consultants including aims to proactively identify further enhancements in our stores.

“Where energy saving chiller doors have been fitted, it is to cut our emissions and reduce carbon, to help us reach climate targets.

“However, we are committed to actively participating in wider industry discussions and prioritising designs that reach a balance of both meeting stringent sustainability targets and helping our valued customers who have accessibility needs and requirements.”

21 November 2024

 

 

DWP hides historic ‘fitness for work’ papers from National Archives

The Department for Work and Pensions (DWP) has stopped sending key records from a crucial period in the history of disability benefit reform to The National Archives so they can be viewed by researchers.

Under the Public Records Act, government departments have to identify documents of “historical value” and transfer them to The National Archives by the time they are 20 years old.

But DWP has not sent any records relating to papers seen and signed by ministers and senior civil servants for more than three years, with the last batch of records only covering documents up to and including 2002.

The missing records are likely to cover the early years in the development of employment and support allowance (ESA) and the work capability assessment (WCA), which were both introduced in 2008.

In the years following 2008, the WCA process was associated with hundreds, and probably thousands, of suicides and other deaths of disabled people seeking out-of-work disability benefits.

A spokesperson for The National Archives confirmed this week that the last transfer of records from DWP in relation to “’ministers and senior officers’ papers” was in 2020 and covered records up to 2002.

The National Archives made it clear that it is government departments that decide which documents are sent to the archives, and when, and that it plays no part in those decisions.

Other major government departments, including the Home Office, the Treasury – which provided former chancellor Gordon Brown’s private office papers – the Foreign and Commonwealth Office, and the Prime Minister’s Office, have all sent records from 2003 to The National Archives.

DWP declined to produce a statement but claimed it had provided all relevant files to The National Archives.

Records previously released to The National Archives have shown how the “bureaucratic violence” of the Department of Social Security (which later became DWP) grew slowly during the 1990s through the actions of ministers and senior civil servants who devised the all work test, a forerunner of the WCA, which was introduced in 1995.

The documents are detailed in The Department*, a new book by Disability News Service editor John Pring, which describes how DWP later spent years covering up evidence of the links between its actions and the deaths of claimants.

Among the records were documents that showed how civil servants plotted to sideline GPs from their central role in the process of determining fitness for work.

A memo from 1992 showed how Conservative social security secretary Peter Lilley first told civil servants that he wanted to know more about how the insurance industry approached “sickness insurance”.

Another memo, from April 1993, described how ministers insisted that the new incapacity benefit – which was introduced in 1995 alongside the all work test – should “cost substantially less”, while the department should “aim to create an environment which encourages greater private sector provision”.

Other documents later revealed that the Department of Social Security was told of three deaths in late 1996 and early 1997 that were closely linked to the new all work test.

It is likely that key documents seen by Labour ministers and senior civil servants from 2003 onwards will include similar revelations concerning the initial development of the WCA and ESA.

Although the records that have been held back by DWP relate to decisions taken under the Labour government, the department’s decision to prevent them being sent to the National Archives was made under the last Conservative government.

*The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, John Pring’s book on the deaths linked to DWP, is published by Pluto Press 

21 November 2024

 

 

Concern over Kendall’s ‘truly chilling’ assisted suicide comment

Work and pensions secretary Liz Kendall is at the centre of controversy over her public expression of support for legalising assisted suicide, following a comment she made to the BBC that has horrified campaigners.

Kendall told the BBC’s political editor, Chris Mason – although the comments were not broadcast – that part of the reason legalising assisted suicide was important was to give “choice and control” to families.

Kendall told the BBC last Thursday that she was strongly in favour of legalising assisted suicide, and she told Mason: “As more and more of us experience looking after our loved ones at the end of their lives, giving families, giving people, that choice and control is so, so important.”

Her comments horrified disabled campaigners and allies who are opposed to legalisation, as they suggest that family members should have a role in deciding whether someone should take their own life, if the bill becomes law.

They were described on social media as “truly chilling”, “very disturbing” and “pretty horrifying”, with one disabled women commenting on Twitter: “She talks as if she’s bringing out a range of soups.”

Caroline Richardson, an activist and member of the online Spartacus network of disabled researchers, said: “If indeed Liz Kendall is of the belief that families should be given any sort of control over assisted dying, then her role at the DWP is untenable.

“It may be that this is not actually her statement, but unfortunately it will be impactful to the debate, and appeal to those who see assisted dying as an alternative to family caring, social care, end-of-life care, palliative care and hospices, all of which are massively underfunded.”

Those campaigning for the legalisation of assisted suicide have repeatedly insisted that relatives will not be able to coerce a terminally-ill person into ending their life early, and that the safeguards in Leadbeater’s bill are, in her words, “the strictest protections and safeguards of any legislation anywhere in the world”.

Kendall’s comments only became known because they were posted on social media by the Guardian’s highly-respected political editor, Pippa Crerar.

But Kendall’s comment about families does not appear in either the report that was broadcast on BBC’s News at Six or a written version that appears on the BBC website.

It appears that Mason may have shared a transcript of Kendall’s comments with Crerar.

The BBC said this morning (Thursday) that it was not unusual for lobby journalists to share the transcripts of political interviews.

A BBC spokesperson said: “Not every word said in an interview can always be included in coverage, for reasons of space and timing.”

Neither the Department for Work and Pensions nor Kendall’s parliamentary office had responded to a request to comment by noon today (Thursday).

Labour MP Kim Leadbeater finally published her terminally ill adults (end of life) bill last week, giving MPs just 17 days to digest the contents of the private members’ bill before they debate and vote on it next Friday (29 November).

Momentum appears to be with opponents of the bill, particularly because of concerns that the country’s NHS, social care and palliative care systems are in such a dire state that legalisation would be unsafe.

Health and social care secretary Wes Streeting, who says he will vote against the bill, has raised particular concerns about the quality of palliative care services.

Disabled people’s organisations last week delivered powerful statements opposing the bill, with Inclusion London warning that after “14 years of austerity and broken public services… choosing to die may seem like the only viable option”.

21 November 2024

 

 

Rail company’s ‘stealth’ ticket office cuts plan is ‘unforgivable’ and ‘horrendous’

Disabled campaigners have described the decision of a publicly-owned rail company to carry out partial closures of ticket offices by “stealth” as “unforgivable” and “horrendous”.

Their comments came as the rail regulator contacted Southeastern to ask how it would comply with its duties to disabled passengers, after last week’s revelations that it has planned the partial closures of 14 ticket offices across its network.

The Office of Rail and Road (ORR) said this week that it had contacted the publicly-owned rail operator following the revelations by the Association of British Commuters (ABC).

Ruth Cadbury, the new Labour chair of the transport select committee, suggested that her members would “take an interest” in the concerns as part of their inquiry into accessible transport, although she declined to comment directly on ABC’s revelations.

Meanwhile, the Rail Delivery Group (RDG), which represents the companies that run Britain’s railways, declined to comment on Southeastern’s ticket office opening hours, but said it was not aware of other train operators planning similar cuts.

The government has already said it is examining Southeastern’s plans “to ensure passengers remain supported”.

Disability News Service reported last week that Southeastern was cutting the opening hours of ticket offices at 14 stations in Kent, East Sussex and south-east London by six or seven hours a day, for at least five days a week, through its secretive Ticket Office Project Change Programme.

Southeastern has avoided the need for a public consultation by describing the changes as “minor” under schedule 17 of the guidance that covers ticket office opening hours.

There are fears that the cuts in opening hours could have a significant negative impact on many disabled passengers and others who need support to use rail services.

The cuts were originally proposed two years ago, so Southeastern has already secured Department for Transport (DfT) approval from the last government.

The partial closures appear to come on top of the operator’s failure to meet its existing duties on ticket office opening hours.

The National Federation of the Blind of the UK (NFBUK), which played a key role in defeating last year’s planned closures of nearly 1,000 ticket offices across the country, said the cutting of ticket office hours by Southeastern puts its members “at significant danger and disadvantage” because they cannot see platform staff.

NFBUK said it was “unforgivable and absolutely disgusting” that the cuts to opening hours were already being planned before last year’s announcement of mass closures by train companies.

An NFBUK spokesperson “This is not a minor change, it is a significant one, and the proposed changes need to be urgently U-turned.

“Ticket office staff are essential and there should be no reduction in staff hours at these stations.

“It is like our safety, our accessibility and our travel needs are once again being treated as dispensable.

“Louise Haigh [the transport secretary] needs to act urgently to stop this move by Southeastern and put a strong message to other companies thinking the same, that this is not acceptable.”

NFBUK also called on Haigh to “urgently investigate” anecdotal reports that train operators were not replacing staff who leave their jobs, which was leading to “staffing issues at ticket offices”.

Emma Vogelmann, head of policy, public affairs and campaigns at Transport for All, which also played a central role in last year’s campaign against the closures, said: “Last year, the British public spoke in the largest ever public consultation response.

“Their message was clear: ticket offices are essential, they help us all travel more safely and easily, including millions of disabled people.

“It’s worrying to see research from ABC showing that train companies are ignoring the public and trying to sneak closures through under the table.

“We offer our support to the researchers and campaigners behind the report; we need to make sure that ticket offices stay open for everyone.”

Sarah Leadbetter, a disabled accessible transport campaigner who also played a key role in fighting last year’s closure plans, predicted a year ago that new rail industry proposals on cuts to ticket office hours would follow.

She said the news revealed by ABC last week was “horrendous”.

She said: “If Southeastern can do this to its train station ticket offices, will this happen to the other ticket offices at train stations run by the other train companies?

“I know what it’s like to not have a ticket office open for part of the day, to not have someone there to help you in lots of different ways.

“It isn’t safe for someone that’s blind or visually impaired to wander up and down a platform to find a member of staff.”

Emily Yates, co-founder of ABC, has submitted a complaint to ORR about Southeastern’s actions, and has alerted the Equality and Human Rights Commission.

She said yesterday (Wednesday): “The issue at Southeastern is just a taste of what could happen if other operators decide to exploit the rules around schedule 17 to make ticket office cuts without consultation.”

Southeastern has insisted that it did not conceal the changes, that the new opening hours were publicised on its website and on station posters, and that additional platform staff will mitigate the impact on disabled passengers of the ticket offices not being open, while stations will remain staffed, “with accessibility and safeguarding assistance provided by platform staff”.

ORR declined this week to say if it had been aware of Southeastern’s plans before they were exposed by ABC; if it had any concerns about the impact of the reduced opening hours on disabled passengers; or if it was concerned that other train companies might be planning similar action.

But an ORR spokesperson said in a statement: “Changes to ticket office opening hours (including closures) are governed by the processes set out in the Ticketing and Settlement Agreement (TSA) and guidance published by the Department for Transport.

“ORR does not have a decision-making role on any changes to ticket office hours or closures.

“ORR’s role is to ensure that operators remain compliant with their regulatory and consumer law obligations.

“We have contacted Southeastern to initiate engagement on how they propose to remain compliant with the detailed requirements in our Accessible Travel Policy guidance while making changes to staffing arrangements.

“Operators need to secure our approval to any material changes to their Accessible Travel Policies.”

Ruth Cadbury declined to say if the transport committee was concerned by Southeastern’s plans and the possibility that it had breached its duties to disabled passengers, or if the committee would be investigating its actions.

But she said in a statement: “The newly-formed committee plans to continue to engage with stakeholders before concluding its inquiry into accessible transport.

“The consultation on closing ticket offices across the network was an area of significant concern during that inquiry, and our members will continue to take an interest in the actions of train operating companies in this space.”

RDG said it was not its place to have a view on Southeastern’s ticket office opening hours, and was not aware of other train operators that were planning similar cuts, although it had been made aware of Southeastern’s plans.

An RDG spokesperson said in a statement: “We have no formal decision-making role regarding ticket office opening hours and it is a responsibility of individual train operators to consult on such changes.”

21 November 2024

 

 

Mainstream is usually much cheaper, with ‘similar or better outcomes’ for disabled pupils, MPs are told

The most senior civil servant in the Department for Education (DfE) has told MPs that educating disabled pupils in mainstream schools is usually much cheaper and produces “similar or better outcomes” than using special schools.

Susan Acland-Hood, DfE’s permanent secretary, told the public accounts committee on Monday that improving support for children with special educational needs (SEN) in mainstream schools was “very near the top of the issues that are raised whenever I go out into schools and whenever I speak to teachers and heads”.

She was responding to questions from Labour’s Nesil Caliskan, the MP for Barking in east London, who had asked her to confirm that it was “much better in terms of value for money for the taxpayer to support our mainstream schools so that they can adequately meet the needs of children in terms of SEND*” (watch from about 17.06).

Acland-Hood told the committee she was “very careful about not implying that we think literally any need can be well met in a mainstream school, but we do see needs that are well met in mainstream in some places and not so much in others.

“And in that case, we do tend to see much lower costs for meeting needs in mainstream and similar or better outcomes.”

Caliskan, who was leader of Enfield council for more than six years, warned that the cost of meeting the needs of disabled pupils could “tip hundreds of local authorities over the edge in the coming months”.

She told the committee that the cost of supporting pupils with SEND was “by far the biggest single pressure” facing councils, alongside social care.

Caliskan said the cost of transporting disabled pupils to distant special schools was also causing a “particular pressure”, with some facing journeys of more than an hour.

Juliet Chua, DfE’s director general for schools, said the new government’s reforms aimed to “make sure that children and young people’s needs are being met in schools that are within their local communities”.

But in the short term, she said, DfE was working with local authorities to address the “very significant” increase in the cost of home-to-school transport since 2015, from £0.6 billion to £1.3 billion, a real terms increase of 77 per cent.

The committee also heard concerns raised by MPs about the difficulties faced by parents in securing an education, health and care plan (EHCP) for their disabled child.

Caliskan said: “Not a week goes past without me being contacted by a parent who is at breaking-point, who describes to me the process of trying to fight for a plan for their child.

“It is the job of a parent to do the best they can for their child, but at the moment, the system means they are fighting against it and it is causing a huge amount of stress and anxiety and it is too often the very families that need the most support that are finding themselves not able to get the plan they need for their child.”

Acland-Hood said it was “rational to chase plans” under the 2014 Children and Families Act so the idea that securing a plan was “the principal route to having your need met” is “going to have to be something that we, with ministers, look at”.

Labour’s Luke Charters said that 98 per cent of EHCP appeals were decided in favour of families, which he said “feels to me like a two-stage process that inherently actually favours better-off parents with the financial means to go to tribunal”.

He added: “The broken appeal systems is making it harder for poorer families, isn’t it?”

Acland-Hood said this headline figure of 98 per cent should “should give us all pause” although only “about two and a half per cent of appealable decisions go to appeal”.

But she said there was “a risk that [the system] favours those who have got the capacity to navigate” and “we don’t think that very adversarial processes is a positive feature of the system or one we should build on”.

She said the system currently encourages families to seek an EHCP as “more resource in the system goes towards supporting those who have statutory plans”.

And she said it becomes “more and more rational for as many people as possible to keep seeking those statutory plans because there’s less resource left for the people who haven’t got them.

“And breaking out of that vicious cycle has got to be an incredibly important part of what we seek to do and that’s why we’re focusing so hard on the support that you can get in the system without having to go through plan writing or assessment processes.”

Labour’s Anna Dixon said parents in her constituency were being “forced” into considering special schools because they could not secure the right support in a mainstream school, even if they had an education, health and care plan.

Acland-Hood said ministers had made it clear their “core focus” was on “really improving inclusive mainstream”, or “what every school should be able to do for a child with some needs that differ from their fellow pupils”.

She said this included supporting “resource-based provisions” that allow disabled children “to spend some of their time in mainstream classes and some being supported outside, which again, we think is a positive model” although such provision is seen “very variably across the country”.

It was an approach that was confirmed by schools minister Catherine McKinnell yesterday (Wednesday) in a speech at the Schools and Academies Show in Birmingham.

Acland-Hood told MPs on Monday that ministers still wanted to ensure “that specialist provision is available for those children for whom that is undoubtedly the right place to be”.

Helen Hayes, the Labour chair of the Commons education committee, said parents had “very, very little confidence in the ability of schools to deliver SEND support, that schools are struggling to do so, and that the government is behind on the recruitment of, and training of, SENCOs**”.

She asked what DfE was doing to “ensure that higher quality SEND support is more consistently available in mainstream schools”.

Chua said that “improving the offer through inclusive mainstream is absolutely the heart of our approach”.

She said civil servants have been “talking to ministers in some detail on this” and will bring forward further plans.

But she said they had already spoken of how they would look to remove the barriers to accessing the curriculum and assessments for children with SEN, and examine the role Ofsted plays in “promoting and getting very, very good practice on inclusivity”, while they were also “absolutely doubling down on high quality teaching” for disabled pupils.

*Special educational needs and disability

**Special educational needs co-ordinators

21 November 2024

 

 

Government must take firmer grip of ‘inconsistent’ wheelchair services, says report

A new report backed by wheelchair-users has called on the government to take a firmer grip of the inconsistent provision of equipment through NHS wheelchair services in England.

The report, commissioned by The Wheelchair Alliance*, follows years of concerns about the provision of inadequate wheelchairs by the NHS.

Wheelchair Provision: How to Drive Effective Change was launched at the House of Lords last week by the alliance’s president, Baroness [Tanni] Grey-Thompson, and it completes a trio of linked reports published in 2022, 2023 and 2024.

The first two reports highlighted the issues disabled people experienced with wheelchair services, and the “false economy of providing wheelchairs that are not fit for purpose”.

The latest report makes a series of recommendations that aim to tackle “the postcode lottery, long waiting times, issues in the supply chain and ensuring that the voices of wheelchair users are heard”.

The researchers carried out 19 in-depth interviews with wheelchair-users about their experiences of wheelchair services, as well as conducting interviews with NHS and wheelchair sector professionals.

One of the wheelchair-users interviewed, Martin, said his wheelchair service assessment “didn’t address how [his] wheelchair would fit into his daily life” while “key sections of the assessment form, used to explore health and wellbeing aims, were left blank”.

As a result, his wheelchair “limits his ability to live independently and fully engage in activities that matter to him” and has “become more of an obstacle than a support”.

Another disabled person interviewed by the researchers, Kerry, said she had experienced “multiple problems with a slow and unreliable wheelchair maintenance service”, with her powerchairs breaking down multiple times over the last 14 years.

A third wheelchair-user, Paige, described the “chaotic” process she had to undergo from the wheelchair service which included an assessment that she saw as “a missed opportunity in finding a wheelchair that would fit her wider life”.

She was given a wheelchair that was “heavy, cumbersome, and impractical for her everyday life”, and which led to her returning it and instead using her own money to buy a wheelchair that better suited her needs.

Among the report’s recommendations, it says there should be a senior figure from NHS England appointed to oversee wheelchair services in England, while each NHS integrated care board (ICB) should have its own commissioner to plan, fund and contract for wheelchair services in their area.

It also calls for NHS England to define national eligibility criteria, based on “identified need, not on available funding”; for wheelchair-users to be “fully involved in service design, delivery and improvement”; and for NHS England to hold each ICB wheelchair commissioner to account over the service they provide.

It also recommends improvements to the retail sector to ensure there is “appropriate clinical input” in sales of wheelchairs.

And it says the Department of Health and Social Care (DHSC) should take a “more active role” in ensuring the “quality and efficiency of wheelchair services”.

The report says it is “essential” that these recommendations are incorporated into the NHS 10-year plan, which is due next spring.

Nick Goldup, Wheelchair Alliance’s chief operating officer and chair, said: “Recent news stories have shown us that wheelchair provision in this country needs to be improved.

“It needs to be made a priority by the government and NHS and someone needs to take ownership of wheelchair provision and lead it to a better place.

“At the moment, there is a ‘data desert’ in terms of demand for wheelchair services.

“Much of the data currently available is estimated, out of date and not comparable to form a local and national picture.

“We need a central, accountable body to ensure consistency, no matter the postcode.

“It is a basic human right that everyone who needs a wheelchair should get the right chair at the right time.

“By putting these recommendations in place, we can drive effective change together.”

The report was funded by Motability Foundation and produced by research companies Frontier Economics and Revealing Reality.

*The alliance campaigns for improvements to wheelchair provision in England, and aims to strengthen the voice of wheelchair-users, with its board and membership made up of wheelchair-users, commissioners, charity representatives and others with lived or professional experience and expert knowledge of wheelchair provision

21 November 2024

 

 

Children’s commissioner ‘increasingly dismayed’ at numbers ‘deprived of liberty by the state’

The children’s commissioner has said she has become “increasingly dismayed” by the number of disabled and other children with “complex needs” who are being deprived of their liberty by the state.

In a report commissioned by the Department for Education and NHS England, Dame Rachel de Souza said that more than 1,000 children a year who were not in secure settings in England were being subjected to high court deprivation of liberty orders*.

Many of them have learning difficulties, are autistic, or have experience of mental distress, mental ill-health or trauma.

The deprivation of liberty orders may allow them to be supervised constantly, prevented from leaving their accommodation when they want to, denied phone and internet access, and restrained by staff.

Dame Rachel said the children affected were often “extremely isolated, and largely hidden from view”.

Nearly all the children are in the care system, she said, but some are living in “highly unsuitable” settings, such as illegal children’s homes, Airbnb accommodation, or hospital wards while awaiting discharge.

As part of the report, her office interviewed 15 children in the care of English local authorities who had experience of having their liberty restricted.

They often questioned why they and their families had not been supported before their situation “escalated beyond their control”, and why their behaviour was often labelled as challenging and risky, “instead of being recognised as a response to trauma”.

Some of them, particularly those who were autistic or had a mental health diagnosis, had experienced multiple episodes of being physically restrained, which added to their distress.

One of them, who was 15 at the time they were interviewed, said: “I can say what I like, and people can pretend to listen, but it never gets took into consideration, ever.”

Another, aged 17, said: “When I was first on the deprivation of liberty order I wasn’t actually told anything about it… They told me to attend a court hearing via video link… I didn’t have any legal advice… I didn’t have a clue.

“They were just mentioning deprivation of liberty, this that and the other.

“I didn’t even know about it or what it was to be honest… I didn’t have a guardian at that stage… It was very, very quick.

“And then I moved to a worse, unregulated care setting.”

Dame Rachel said: “The fact that we have so many children living under these circumstances is one of the strongest arguments that can be made for the urgency of reforming children’s social care.”

She added: “We need more support for families and children early on, and a care system that is fit for purpose so that children do not reach crisis point.”

And she said that, for the “very small number” of children who need controls on their freedom to keep them or others safe, “we must make sure they have not only excellent, individualised care, but also full protection under the law”.

She also said there was a “clear and urgent need for more specialist children’s homes”.

The report concludes: “All children who are looked after in the care system should have safe and supportive homes.

“If this cannot be with kinship or foster carers, it must be in registered children’s homes with a nurturing environment, where children can feel safe, loved, and empowered to access the help they need to address their mental health difficulties, risks, and trauma.

“It should never be the case that a child is deprived of their liberty due to a lack of appropriate provision, or that a deprivation of liberty order is used to enable local authorities to place children in accommodation that would otherwise be unsafe.”

Among multiple recommendations, the report describes 10 goals, including that children have support to avoid a deprivation of liberty wherever possible; that they are heard and involved at all stages of any intervention; and that every looked after child “lives in a quality home that meets all of their needs”.

It also calls for a new legal framework to protect all children deprived of liberty; and it says  they should receive support for as long as they need it.

In response to the report, education secretary Bridget Phillipson said: “Children who have been deprived of their liberty are facing the most heart-breaking experiences, with many being retraumatised by a system that can’t meet their needs.

“That is why I’ve confirmed plans to break down the barriers to opportunity that they are facing, including by developing new community-based provision to meet their needs to give children the best life chances.

“Our reforms will go even further to give vulnerable children the best life chances by lifting the curtain on care providers profiteering off of vulnerable children, tackling unregistered placements and shifting the focus back to earlier intervention to help children achieve and thrive.”

*A deprivation of liberty occurs when restrictions are placed on a child, without valid consent, that are beyond what would normally be expected for a child that age

21 November 2024

 

 

Other disability-related stories covered by mainstream media this week

Tens of thousands of pensioners are expected to be driven into poverty by cuts to winter fuel payments, according to forecasts by the Department for Work and Pensions (DWP). However, the figures do not factor in the increased uptake of the pension credit benefit, which the government is encouraging the poorest pensioners to apply for in order to keep receiving winter fuel payments. Work and pensions secretary Liz Kendall disclosed the figures in a letter to the Commons work and pensions committee, with DWP releasing the figures in response to a freedom of information request to the Big Issue at the same time: https://www.bigissue.com/news/social-justice/dwp-winter-fuel-payment-cuts-pensioners-poverty/

More than one in three children and a quarter of adults are living in poverty in the UK as deprivation levels rise to the highest in the 21st century, according to a report. The study found the cost-of-living crisis had plunged two million more people into severe hardship since 2019. It found the number of disabled people living in poverty since the pandemic had risen by 1.8 million to 8.7 million. More than half of all people in severe hardship in the UK now live in a family that includes a disabled person: https://www.theguardian.com/society/2024/nov/18/more-than-one-in-three-uk-children-poverty-deprivation-record-high

Mental health patients in England are being harmed by the increase in placements in psychiatric units far from their homes and families, a new report indicates. Patients have had anxiety and post-traumatic stress disorder, while some have died by suicide as a result of their distant placements, according to a Health Services Safety Investigations Body report, which drew on interviews with patients and their loved ones: https://www.theguardian.com/society/2024/nov/21/mental-health-patients-harmed-by-being-sent-to-units-far-from-home-report-finds

Lord Blunkett has called for an urgent review into “death trap” Tube platforms after he was injured falling into a gap as he boarded a train at Westminster station. It happened as the Labour peer, who is blind, slipped while getting on to a District line train with his guide dog. He wants Transport for London to do more to ensure blind and visually-impaired people are kept safe: https://www.bbc.co.uk/news/articles/c3rxzj9pe3yo

21 November 2024

 

News provided by John Pring at www.disabilitynewsservice.com

 

 

 

Nov 162024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

We are a secular, human rights network of organisations run and controlled by Deaf and Disabled people (DDPOs) from across the UK.[1] We monitor and campaign for implementation of the UN Convention on the Rights of Disabled People, promoting the interests of 16.1 million Disabled people.[2]   This includes those who are terminally ill and who live with progressive, life-threatening conditions.

The debate around legalisation of assisted suicide[3] (AS) requires profound sensitivity and compassion. On both sides of the argument are lived experience of pain, suffering and distress.

The implications of this Private Members’ Bill (PMB) are far-reaching with serious potential consequences.  There is no straightforward way to legalise AS and the issues involved are complex. There are no clear lines, only blurred boundaries.

This is why no DDPO in the UK is in favour of legalisation. Additionally, all medical bodies remain opposed or neutral on the subjects. Doctors working in specialities such as oncology, geriatrics and palliative care, those where they are most likely to work with dying people, are the most opposed.[4]

We urge Parliamentarians to rigorously engage with all perspectives and the evidence base on which they rest.

Our key concerns are as follows:

  • LIMITING ELIGIBILITY AND SAFEGUARDING
  • Need to consider in detail lessons from other jurisdictions where AS is legal.
  • Pressures to extend eligibility. This has happened in ALL jurisdictions where it has been legalised so far. Legal experts warn the same will happen here. Pressure is already being exerted to within Westminster and by the main campaigning organisations in favour.
  • Risk of abuse and need to consider whether AS can ever be safely legislated for.

 

NEED FOR PROPER SCRUTINY

  • Legalisation entails a fundamental shift in society but a PMB gives little scope for scrutiny.
  • Need for extensive pre-legislative work by an independent commission.
  • Inadequacy of the health and social care select committee inquiry as a basis for legislation.
  • Need to question unconscious assumptions about quality of life.

 

FIX THE FOUNDATIONS FIRST

  • Palliative care is in crisis. Choice at the end of life must include the choice to die at home and to die naturally in as little pain as current medical knowledge can provide for.
  • Services (NHS, social care, mental health) to support those who live in pain and distress are broken. Assisted suicide must not become a replacement for public services.

For more detail on the above see the following pages / go to: https://dpac.uk.net/2024/10/choice-at-the-end-of-life-bill-briefing-from-uk-ddpo-crdp-monitoring-coalition/

 

1)         LIMITNG ELIGIBILITY AND SAFEGUARDING

These two issues are of fundamental importance to the question of legalisation. There are no easy answers to either.

Any legislation must robustly safeguard against abuse. The risks are too big to disregard.

Those who are well-intentioned often under-estimate the capacity of others to take advantage of those whose situations make them vulnerable. Harsh reality is evidenced by the fact that Disabled people are statistically more likely to be victims of crime and abuse than non-Disabled people. We are three times more likely to be the victims of domestic abuse.[5]  

Consideration of adequate safeguarding must be informed by a full understanding of the factors involved in abuse and exploitation of those at the end of life, of the complex dynamic between carers and those needing support and of established difficulties not only spotting but also addressing abuse.

Examples of abuse from other jurisdictions where AS is legal must be carefully explored including reports of coercion pushing individuals to end their lives against their wishes[6] and the situation in Canada where AS has been linked to human rights concerns.[7]

Widening of the original eligibility has occurred in ALL jurisdictions where AS has been legalised.

Eligibility is a complex issue to begin with. It is not possible for doctors to give an accurate prognosis of how much longer a person has left to life. This makes it difficult to limit eligibility to those with only a set time left to live naturally and makes legislation vulnerable to extension.

In Oregon, the list of diagnoses covered by the definition of terminal illness under AS legislation has grown and now includes, for example, anorexia,[8] and diabetes.[9]

In 2021, the Canadian Parliament voted to extend their Medical Assistance in Dying (MAiD) programme to people with mental health conditions.[10] The introduction of this expansion has been paused until 2027.[11] Meanwhile, from 30 October, the Canadian province of Quebec started allowing people with incurable diseases or in the early stages of dementia to make advance directives specifying conditions under which they could receive medical assistance in dying without giving further consent.[12]

In four out of eight of the jurisdictions where AS is legal, young people living with mental distress who might otherwise have lived decades have been granted euthanasia. One study found that the majority of people labelled with personality disorders who have been granted EAS (euthanasia or assisted suicide) had not received any relevant evidence-based treatment.[13]

With wider eligibility, one of the areas of greatest concern involves questions of mental capacity, coercion and abuse of advance directives.

KC Alex Ruck Keene, who is a legal expert in mental health and mental capacity law and who represented Noel Conway, a man with Motor Neurone Disease who took his legal challenge fighting for the right for assisted suicide to the Supreme Court, says the idea that capacity is straightforward is “hopelessly naïve” and stresses that Parliament has to be aware that working it through is not immediately straightforward.[14]

In the Netherlands, there have been cases where people labelled as not having capacity have been held to advance directives made at a different time in their lives and forcibly killed against their wishes. There is one report from the Netherlands of a person being physically restrained by relatives, in order for the physician to administer the lethal dose.[15]

It is also not uncommon for patients to use physical conditions to access euthanasia or AS while motivated by reasons that are outside the eligibility criteria such as depression, loneliness[16] or homelessness.[17]

The percentage of those granted AS in Oregon who cite financial concerns as one of the reasons for their decision has been steadily rising over recent years.[18]

Inadequate pain control remains as an end of life concern for only around one third with loss of autonomy and inability to participate in enjoyable activities scoring highest.[19] Figures for those citing that they “feel a burden” remains at around one half.[20]

Autonomy and being a burden are distinctly different concepts from end-of-life pain.

They are also ones with which Disabled people are extremely familiar.

We understand that there is no inevitable connection between reliance on assistance to live and a desire to die.

If given the chance, and with the right support, people can and do adapt to circumstances they once imagined they would find intolerable.[21]

We have read reports of lobbying by MPs who support legalisation for the PMB to include those who are “incurably suffering[22].

Many of those campaigning for the right to take their lives through assisted suicide will not qualify under Leadbeater’s bill so legal challenges on the grounds of discrimination will inevitably follow any passage of the bill into legislation.

A dozen human rights barristers and legal scholars have warned that the Leadbeater bill could breach the European Court of Human Rights by denying some groups access to AS while granting it to others.[23]

We urge Parliamentarians to seriously consider whether AS can be safely legislated for in any form; and, not to allow any legislation to pass that is both without adequate safeguards against abuse and against future widening of eligibility beyond the original intention.

 

2)         NEED FOR PROPER SCRUTINY

The question of AS legalisation requires time for extensive study, evidence-based discussion and heavy scrutiny.

Legislation will turn an abstract idea into a reality with enormous implications, impacting the lives and deaths of millions of individuals as well as touching the lives of all those who care what happens to them.

Anecdotally, we know of family members of those who have chosen to have their lives ended through the MAiD programme in Canada left bereft that they never had a chance to try to change their lived ones’ minds.[24]

“…none of her immediate family knew that Ms. [Wilma] Hertgers had been approved for medical assistance in dying, let alone set a date. Not her 88-year-old mother, whom she called twice a day. Not her older brother, who lived one town over. And not Mr. Hertgers, 61, [her other brother] who had only that Friday, after driving the four hours to Chilliwack, B.C., shared a pot of tea at Wilma’s kitchen table.”[25]

It will change the essential nature of the role of the physician.

At the same time, it represents a fundamental shift in society from one where State intervention in the lives of its citizens is concerned with saving and extending life to one where it also provides for assistance to end one’s life.

KC Alex Ruck Keene has warned:

“That’s the thing I think is very difficult in this space to think about. Because you have individual stories which are very, very powerful, and we’ve got lots of other individual stories out there in the public domain at the moment. But the law can’t operate for individuals. The law has to operate for everybody.”[27]

Parliament will only be able to do this ONCE.

Any gaps or oversights will have profound consequences.

Professor of Health Care Ethics, Theo Boer, who was originally in favour of AS legalisation when it was passed in the Netherlands and is now a strong critic, has warned:

“We [in the Netherlands] have put in motion something that we have now discovered has more consequences than we ever imagined.”[28]

It is welcome that the second reading of this bill is scheduled for later than anticipated on 29 November 2024. However, the timeframe for adequate consideration of the many complex facets of this question is still inappropriately tight.

The Government has made it clear that it will not take any steps towards legalisation and this will only happen through Parliament, should its members choose to.

It remains the case that the more limited Parliamentary scrutiny given to PMBs makes this an unsuitable mechanism for enacting legislation on this issue.

It feels extremely unfair for new Parliamentarians to be asked to vote on an issue of this magnitude while they are still finding their feet.

A law of this nature requires extensive pre-legislative work by an independent, properly resourced commission.

The inquiry undertaken by the health and social care select committee in 2023 does not provide an adequate basis for legislation and does not negate this need.[29]

The committee’s aim was to publish a report to serve as a basis for discussion and debate in future Parliaments, and not to inform the drafting of actual legislation.

The conclusion to the report states:

“The debate on AD/AS is not new, and our report is not intended to provide a resolution to it.”[30]

Those with decision making-powers on this question must have the chance to reflect on unconscious assumptions about quality of life and what makes a life worth living that may influence their ideas on the subject.

There are people in the same situations, living with the same levels of pain, distress, physical limitations and/or degenerative conditions as those campaigning for legalisation who are opposed to it.

It is important to understand the different perspectives.

Nicki Myers, a Disabled woman who lives in Cambridge, said:

“I’ve been a Disabled person for my entire life but I was diagnosed with a terminal condition in 2017. I have almost died so many times and then I’ve rallied. I did not expect to still be alive now. I’ve been able to support my children and grandchildren, paint portraits from my bed, spend time with friends. My view on assisted suicide has never wavered, despite some very difficult times. In the UK, we do not have sufficient health and social care support or adequate palliative care or hospice services for legalisation to be safe. I have been reassured by the doctor at my hospice about my last days. Everyone should be able to access services to give them a good death.”

We urge Parliamentarians to ensure they have adequate time and information to give due scrutiny to legislation of such a profound nature.

 

3)          FIX THE FOUNDATIONS FIRST

AS must not become a way of plugging gaps left by broken services.

The UK must not follow in Canada’s foot-steps where human rights experts continue to express “alarm about the significant human rights concerns” presented by inadequate safeguards and the proposed expansion of MAiD.[31]

The Canadian Human Rights Commission is particularly concerned about reports that Disabled people are applying for and being granted MAiD because:

              “ they cannot access the basic supports and services they need to live with dignity.”[32]

They have stated that:

“MAiD cannot be a default for Canada’s failure to fulfill its human rights obligations”[33]

This is a situation that could very easily happen here under current conditions.

Dr Bob Gill, a family doctor for over 20 years, said:

“I strongly oppose the concept of assisted dying because there is a great risk that the patient’s decision is shaped by many external factors including the sense of guilt and anticipation of suffering…  Our fight should be for better funding and access social services, restoration of benefit payments and high-quality public service.”

More than 3,400 NHS staff have warned against putting an added burden on the ‘broken’ NHS by legalising assisted suicide.[34]

In the letter, 2,038 doctors, 905 nurses, and 462 other healthcare workers expressed their concerns, saying:

“The thought of assisted suicide being introduced and managed safely at such a time is remarkably out of touch with the gravity of the current mental health crisis and pressures on staff.”[35]

The letter added that the:

“Any change would threaten society’s ability to safeguard vulnerable patients from abuse; it would undermine the trust the public places in physicians; and it would send a clear message to our frail, elderly and disabled patients about the value that society places on them as people.”[36]

Palliative care is in crisis and increasingly unable to meet the needs of those requiring support to die with dignity and with as little pain as possible.

The Association for Palliative Medicine opposes any change in the law that could lead to the supply or administration of lethal medications to deliberately end a person’s life.[37]

84% of respondents to a survey carried out by the British Medical Association who work in palliative care said they would not be willing to actively participate in the process of prescribing life-ending drugs.[38]

A survey carried out by King’s College London found that over 100,000 people in the UK die each year needing palliative care but do not receive it, and inequalities in accessing care, including among people from ethnic minority groups, are common.”

Professor Katherine Sleeman, from the Florence Nightingale Faculty of Nursing, Midwifery & Palliative Care at King’s College London said:

“The shocking gap in the public’s understanding of palliative and end of life care also needs to be addressed… It is essential that we address the disparities that create additional barriers for people to access the care that they need.” [39]

Palliative care has long been chronically under-funded with hospices relying on charity for the majority of their income.

According to data published by Hospice UK in September 2023, England’s adults’ hospices experienced a real-terms cut in their Government funding of £47m in the preceding two years.[40] None received any uplift in line with inflation over that period.[41]

Toby Porter, CEO of Hospice UK said:

“On average, only one third of adult hospice income comes from the state, leaving hospices to rely on charitable donations to pay for the majority of their vital work. With the cost of living crisis affecting everyone, many hospices are increasingly concerned that their local communities will not be able to continue to give as generously.”[42]

Many palliative care professionals fear that AS legalisation will lead to further reductions in funding justified on the basis that money will be saved through elimination of support costs for those opting to end their lives early.

This will mean increased denial of palliative care services to those who want and need them.

Anecdotally, we know of State funded palliative care services making frontline redundancies due to funding cuts. Staff working in the community fear they will be the first to go, removing patients’ choice to die at home.

Choice at the end of life is only meaningful if it includes the choice to access palliative care support right up until a natural end.

It also requires adequate support to continue living where there is no immediate terminal prognosis.

Sadly, the situation in the UK is far removed from this.

The Prime Minister has described the NHS as broken.[43] Social care and mental health services are in the same desperate state.[44] [45] There is also a housing crisis[46] and figures show that poverty rose dramatically among Disabled people even before the cost-of-living crisis.[47]

In 2016, an unprecedented special inquiry by the United Nations Committee on the Rights of Disabled People found the UK government guilty of grave and systematic rights violations. Two of the three areas on which the inquiry focused were support to live in the community, and income and adequate social protection.

Disabled people have direct and often very distressing lived experience of the impact of inadequate service levels, staff shortages and long waiting lists not just on our own lives but also on those of loved ones left to take the strain.

Nathan Lee Davies, a Disabled man with Friedreich’s Ataxia, a progressive genetic condition of the nervous system said:

“The median age of death for someone with my condition is 35. I am 47. None of us know what is around the corner and this is why I passionately oppose assisted suicide.

“We all have a role to play in society. The main problem now is that people with impairments are overlooked and denied the services we need to express our creativity and be part of our communities. I have written three books and produced art works and there is more I passionately want to do.

“But I am currently tied up in a battle with my Local Authority who would rather tie me up in red tape. I haven’t seen a social worker in the past year and a half. I have a continual nightmare recruiting suitable Personal Assistants. Without support I am unable to eat, drink, use the toilet or wash, I can’t write or reply to emails from friends. I should be enjoying the final years of my limited life but instead I am trapped inside my bungalow.”

Disabled people in the UK are in urgent need of adequate support to meet our most basic needs.

In jurisdictions where eligibility has widened beyond terminal illness, our peers are choosing to end their lives not because of pain but because they are not able to access support to participate and contribute to society.

There are also anecdotal reports of Disabled people being inappropriately offered, pressured or made to feel guilty by professionals because they are choosing to carry on living and not opting to kill themselves.[48]

We urge Parliamentarians to be on the side of real and meaningful choice – not only over the deaths of individuals who live with pain and distress but also over the right of millions of Disabled and older people to live.

 

For more information contact: mail@dpac.uk.net

 

Additional resources

Documentary

Better Off Dead? A documentary on assisted suicide, authored by actor and disability rights activist Liz Carr.

Journal articles and research

Assisted death in eating disorders: a systematic review of cases and clinical rationales – https://www.frontiersin.org/journals/psychiatry/articles/10.3389/fpsyt.2024.1431771/full

Assisted dying: Quebec allows advance directives, defying federal ban – https://www.bmj.com/content/386/bmj.q2029

Euthanasia and assisted suicide in patients with personality disorders: a review of current practice and challenges – https://bpded.biomedcentral.com/articles/10.1186/s40479-020-00131-9

Oregon Death with Dignity Act access: 25 year analysis – https://spcare.bmj.com/content/early/2024/04/05/spcare-2023-004292

Psychiatric euthanasia, suicide and the role of gender – https://www.cambridge.org/core/journals/the-british-journal-of-psychiatry/article/psychiatric-euthanasia-suicide-and-the-role-of-gender/936B360C6B2AEF2CA5360357ED8CF020

Terminal anorexia nervosa is a dangerous term: it cannot, and should not, be defined – https://jeatdisord.biomedcentral.com/articles/10.1186/s40337-022-00599-6

The Dangers of Physician Assisted Suicide in Eating Disorders – https://static1.squarespace.com/static/58e4b708f5e2312cc949b8b4/t/66e828dde88bf757b8f0acc3/1726490860329/Assisted+Suicide+in+Eating+Disorders+Report+-+US+Version.pdf

Lived Experience

Canada – https://living-with-dignity.ca/remembering-lives-lived/

Media articles and press releases

Assisted dying/assisted suicide: Too many “complicating factors” to be safely implemented, says British public in new poll

https://www.bbc.co.uk/news/world-us-canada-68120380

https://www.chrc-ccdp.gc.ca/en/resources/ending-ones-life-must-be-a-true-and-informed-choice

https://www.dailymail.co.uk/news/article-14067911/Doubts-Assisted-Dying-Bill-grow-doctors-nurses-warn-added-pressures-broken-NHS-campaigners-insist-people-hope.html

https://www.hospiceuk.org/latest-from-hospice-uk/hospice-funding-falls-short-ps47m

https://www.independent.co.uk/news/world/americas/canada-euthansia-maid-gofundme-homeless-b2228890.html

https://www.kcl.ac.uk/news/65-of-adults-are-worried-about-access-to-palliative-care

https://www.politicshome.com/thehouse/article/alex-ruck-keene-kc-assisted-dying-parliamentarians-radically-unsupported

https://www.telegraph.co.uk/politics/2024/10/05/widen-access-to-assisted-dying-say-labour-mps/

https://www.telegraph.co.uk/politics/2024/11/09/assisted-dying-echr-discrimination-human-rights/

https://www.theguardian.com/news/2019/jan/18/death-on-demand-has-euthanasia-gone-too-far-netherlands-assisted-dying

https://www.theguardian.com/society/2023/jul/13/anorexia-right-to-die-terminal-mental-health

https://www.theguardian.com/world/2024/feb/25/canada-assisted-dying-laws-in-spotlight-as-expansion-paused-again

Position statements and briefings

Association for Palliative Medicine [APM] – https://apmonline.org/wp-content/uploads/APM-Position-Statement-on-Assisted-Dying-October-2024-v2.pdf

BMA – https://www.bma.org.uk/advice-and-support/ethics/end-of-life/physician-assisted-dying/physician-assisted-dying-survey

Joint Statement Against Assisted Suicide For Eating Disorders – https://www.eatbreathethrive.org/joint-statement-assisted-suicide

Reports

Report from the health and social care select committee inquiry into assisted suicide: https://publications.parliament.uk/pa/cm5804/cmselect/cmhealth/321/report.html

Written evidence submitted to health and social care select committee inquiry:

Professor of Palliative Care, Baroness Finlay

Professor of Health Care Ethics, Theo Boer

Ministry of the Solicitor General | Office of the Chief Coroner MAiD Death Review Committee Report 2024 – 3 2024 Navigating Vulnerability in Non-Reasonably Foreseeable Natural Deaths

Website

https://notdeadyetuk.co.uk/ The website of Not Dead Yet UK, a UK-based network who are part of a global alliance of disabled people, who oppose euthanasia and assisted suicide.

 

 

 

Nov 152024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Kendall compares DWP deaths to Mid Staffs hospital scandal, as she opens door to new ‘safeguarding duty’

Labour’s new work and pensions secretary has told MPs that she is open to the idea of her department being subject to a legal “safeguarding duty”, a move that could transform its approach to the safety of disabled benefit claimants.

Liz Kendall, who made the comment in her first appearance before the Commons work and pensions committee, compared the countless deaths linked to her new department with the Mid Staffs hospital scandal, in which hundreds of patients died as a result of poor care.

She told the committee’s new chair, Debbie Abrahams, who had asked if she believed such a duty should be imposed on the Department for Work and Pensions (DWP): “I am open to the suggestion.

“I don’t just want people to be safe, which is the bare minimum, I want the best possible standard of care and support for people who rely on us.

“I think that being open about problems is the only way you solve them.”

Abrahams had told her that the committee had reopened its inquiry into DWP safeguarding (see separate story), which was originally launched following the deaths of hundreds – and possibly many more – of “vulnerable claimants”.

Kendall told the committee that “when there were problems in the NHS around Mid Staffs hospital, mistakes being made, but not being open about them, learning from mistakes to put into best practice, then a duty of candour was brought in.

“I don’t think laws alone change behaviour. It’s about culture and leadership from the top.

“But they can help… I sometimes think you need to look at both.”

She added: “So, it isn’t a commitment to doing it, but I am open to it, because we want to make sure… all of our policies, procedures, practices, contracts, staff, training… all of that has got to be right.

“And I’m very open to looking at all the possible mechanisms for achieving that. “

Her comments follow the repeated insistence by Conservative predecessors, including both Mel Stride and Therese Coffey, that DWP did not have a duty of care to those claiming benefits.

Coffey said four years ago that such a duty should be left to “the local councils, the social services, the doctors and other people”.

But only this week, Alison Burton, whose father-in-law Errol Graham starved to death after DWP wrongly stopped his benefits when he missed a work capability assessment, said DWP needed to have a legal duty of care to those receiving benefits.

Speaking as the committee reopened its safeguarding inquiry, she told Disability News Service (DNS): “I think if they had one it would go a long way to resolve a lot of the issues.”

After being told of Kendall’s comments, she said this morning (Thursday): “Let’s hope this is the first step forward to making sure the department is accountable for its actions.”

Evidence collected by DNS and others, stretching back more than a decade, has shown how DWP repeatedly ignored recommendations to improve the safety of its disability benefits assessment systems, leading to countless avoidable deaths.

It also shows how DWP hid evidence from independent reviews, and how the department failed to keep track of the actions taken in response to recommendations made by its own secret reviews.

Evidence also demonstrates that the cultural problems within DWP extend far beyond the assessment system, touching all aspects of its dealings with disabled people in the social security system.

The evidence, compiled over the last decade by DNS and other journalists, academics and activists, shows systemic negligence by DWP, a culture of cover-up and denial, and a refusal to accept that the department has a duty of care to those disabled people claiming support through the social security system.

Much of that evidence has been brought together in a detailed timeline, as part of the Deaths by Welfare project headed by Dr China Mills and supported by Healing Justice Ldn, which works with marginalised and oppressed communities.

The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, John Pring’s book on the deaths linked to DWP, is published by Pluto Press 

14 November 2024

 

 

Rail company cuts ticket office hours, just a year after national closure programme was abandoned

A train company has planned partial closures of 14 ticket offices across its network by “stealth”, say campaigners, a year after the rail industry was forced to back down over plans to shut nearly 1,000 of them across England.

Disabled campaigners and allies believe Southeastern’s plans will have a drastic negative impact on disabled passengers and others who need support to use rail services.

There are now fears that other train operating companies across the railway network might be planning similar moves, after they were all forced last year to abandon more extensive cost-cutting plans to completely close many of their ticket offices.

The government said this afternoon that it was now examining Southeastern’s plans “to ensure passengers remain supported”.

Freedom of information responses obtained by the Association of British Commuters (ABC)* – which campaigns for equality and justice in public transport – show that Southeastern is cutting the opening hours of ticket offices at the 14 stations in Kent, East Sussex and south-east London by six or seven hours a day, for at least five days a week, through its secretive Ticket Office Project Change Programme.

Changes at two of the stations have already been introduced, while the other reductions are set to be introduced early next year.

The company has avoided the need for a public consultation by describing the changes as “minor” under section 17 of the guidance that covers ticket office opening hours.

The cuts were originally proposed two years ago, so Southeastern has already secured Department for Transport (DfT) approval from the last government.

It is not yet clear whether other train-operating companies are engaged in similar attempts to reduce ticket office opening hours.

Among the concerns raised last year by disabled passengers who campaigned against the permanent closure of nearly 1,000 ticket offices across the country – which were abandoned 12 months ago – were over the accessibility of ticket vending machines and how a closure of ticket offices would increase anti-social behaviour and crime.

They also raised fears about the availability of hearing loops if ticket offices were closed; the loss of easily accessible “focal points” at stations; reduced access to waiting-rooms and toilets; the difficulty of navigating stations, for example for blind passengers; and discounted tickets that are only available at ticket offices.

Some or all of these concerns will now apply to the new cuts to ticket office opening hours.

A draft equality impact assessment (EIA), carried out by Southeastern, claims the impact of the changes on disabled people will be “minor”, but much of the information in the documents has been redacted.

In the EIA, Southeastern uses a similar defence to the one used by the rail industry when it fought last year’s campaign against the permanent closures, stating: “This change will help our people start to think differently about their roles and prioritise the customer service they are brilliant at giving rather than primarily being an underused sales point.

“This will be a beneficial mindset change for our passengers who will get a dedicated customer service expert to help them with their journeys.”

This suggests the changes will lead to no staffing cuts, while Southeastern said yesterday (Wednesday) that there would be no change to the hours the 14 stations are staffed “so there won’t be any impact on customer assistance”.

But the EIA suggests that Southeastern has already secured reductions through voluntary redundancies, which has only left enough staff “for a morning shift”.

Examples of the cuts to ticket office opening hours are a reduction of more than seven hours a day at Bexleyheath, Monday to Saturday; nearly seven hours fewer at Beckenham Junction, Monday to Saturday; and more than seven hours a day fewer at New Eltham from Monday to Friday, and six hours 40 minutes fewer on Saturdays.

The partial closures appear to come on top of the company’s failure to meet its existing duties on ticket office opening hours.

Only twice across 26 periods in two years has Southeastern met those duties across at least 80 per cent of its stations, ABC has discovered, with an average of just 74 per cent compliance with its duties.

Emily Yates, co-founder of ABC, pointed to the organisation’s 2023 campaign coalition letter, which raised the alarm about schedule 17, and how it could be used to destaff the network.

She said it was “completely absurd that after 680,000 responses to the 2023 ticket office consultation (PDF), this evidence is not being used to take staffing decisions.

“Instead, this operator is taking actions based on questionable decisions taken in 2022, which did not take any account of the impact on accessibility.

“The DfT must act immediately to prevent these ticket office cuts going ahead.

“They also need to enforce ticket office staffing hours, publish compliance figures for all operators, and take overall responsibility for staffing strategy – ensuring that there is always a member of staff present to provide assistance.

“Ultimately, the government needs to end this flawed system of staffing regulation once and for all.

“Currently it is only ticket office staffing that is even regulated, and there is no transparency whatsoever about other staffing numbers.

“We need to see the regulation of all staff, complete transparency about staffing figures of all types, and duties to consult on all changes relating to accessibility.”

Disabled activist Paula Peters, who first alerted ABC to the partial closures, after being contacted by a Southeastern employee, said: “Disabled people across the UK were very much involved in the national campaign by the RMT union and community groups to keep the ticket offices open in 2023.

“There was a huge backlash from the public over the public consultations to close the ticket offices.

“Disabled people wanted the ticket offices kept fully open and needed them kept open.

“That Southeastern are using schedule 17 without a public consultation to restrict ticket office opening hours shows the scant regard they have for disabled passengers’ access needs and safety.”

She added: “As a disabled passenger, I need frequent access to trains to London for hospital appointments.

“These are major changes for disabled people like me who need the access to the ticket offices to make sure I get the best price for my journey but also assist with journey planning and access to the station.

“By restricting ticket office hours, this will be another barrier for me to travel safely and have my needs met.”

A DfT spokesperson said this afternoon: “We recognise the vital role ticket offices play in the journeys of people with disabilities, and we have no plans to close them.

“These ticket office changes were agreed under the previous government.

“The department is now examining Southeastern’s plans to ensure passengers remain supported.”

Southeastern insisted yesterday that it did not conceal the changes, and it claimed they were first publicised by the industry’s Rail Delivery Group in 2022, before the process was paused during last year’s national consultation.

It claimed that the new opening hours were publicised on its website and on station posters last month.

It also claimed that additional platform staff would be in place to mitigate the impact on disabled passengers of the ticket offices not being open.

David Wornham, Southeastern’s passenger services director, said: “In 2022, proposals to adjust hours at 14 of our 141 ticket offices were paused during the national consultation.

“Recently, changes were made at Otford and Deal, which both typically see no more than 10 ticket sales per hour each shift.

“We plan to adjust hours at another 12 ticket offices in 2025.

“Stations will remain staffed, with accessibility and safeguarding assistance provided by platform staff.”

He also said: “Following a national consultation confirming that no ticket offices will close we are recruiting and training around 100 additional ticket office staff this year.

“To date we have recruited 97 of these and this will lead to significantly increased ticket office hours.”

He added: “We are committed to enhancing accessible travel across our network, helping more people every day.

“Our website and posters display staffing and ticket hours for each station, making it easy for customers to find available assistance.

“Passenger assistance, both booked and unbooked, is experiencing strong growth, with an overall customer satisfaction rating of 97 per cent.”

*Visit ABC’s website for more details of its investigation

14 November 2024

 

 

Labour and its disability minister appear to be in dispute over assistance dog discrimination at party conference

Labour appears set for a serious disagreement with its own minister for disability, after apparently rejecting his advice about a disabled member who was prevented from attending the party’s annual conference with her assistance dog.

Sir Stephen Timms wrote to the party’s new general secretary on Saturday to raise concerns about the treatment of Anna Morell, a party delegate.

He told Hollie Ridley in the letter that, having taken advice from the Cabinet Office: “It does look to me as if Anna should have been admitted, together with her dog.”

But when Disability News Service checked with the party that it now accepted it had been in the wrong, it instead made it clear – but only in a point “on background”, so it cannot be quoted – that Labour only accepted disabled people with recognised assistance dogs at its annual conference.

The Equality and Human Rights Commission (EHRC) has made it clear in guidance – updated in September – that there is no legal requirement for an assistance dog to be trained, that assistance dogs “can also be trained by their owners”, and that the law “does not require the dog to wear a harness or jacket to identify it as an assistance dog”.

It appears, although the party refused to confirm this point this week, that Labour continues to dispute the EHRC guidance.

The incident was the latest example of years of disability discrimination by Labour, which has frequently left the party on the verge of being sued by its own disabled members under the Equality Act.

Morell is actively considering legal action against her own party.

She said in September that she felt like a “third-class citizen” when staff refused to allow her to enter Labour’s conference in Liverpool with her assistance dog Rex.

She was told that the party’s conference policy did not allow service dogs entry without accreditation, registration, or formal training.

Morell, who has an energy-limiting impairment, later raised her concerns from the main stage of the conference in Liverpool, but without Rex, who plays a key health and safety role for her.

Since the conference, she has been in touch about the incident with Sir Stephen, Labour’s minister for social security and disability.

He wrote to Ridley after obtaining a legal briefing from the Cabinet Office.

He said the Cabinet Office had told him there were “no rules or regulations that make it a requirement for people with assistance dogs to have documentation to enter retail outlets, licensed premises or any other premises of businesses or service providers”.

The Cabinet Office told him that the government “fully supports the principle that guide dogs and assistance dogs should always be allowed access, except in the most exceptional circumstances”.

Sir Stephen told Ridley in the letter: “It does look to me as if Anna should have been admitted, together with her dog.

“Will these difficulties be resolved in time for future Party events?”

Morell is still waiting for a copy of the minutes of a meeting with Labour chiefs about her complaint, in which she was supported by Ellen Morrison, who represents disabled members on Labour’s national executive committee, and a representative of Disability Labour, on the afternoon of the prime minister’s speech at the conference in September.

Morell had been denied permission to record the meeting.

She said this week: “I am astonished and disappointed by the radio silence from the party.

“The law is very clear and I cannot understand why the conference organisers cannot accept this, and change things for next year.

“I cannot understand why there appears to be no will to implement such an important law [the Equality Act] which was brought into being by the same party.

“The strapline at conference this year was ‘change begins’. Does it? Please can it begin for disabled people?”

Labour refused to respond to the points made in Sir Stephen’s letter; refused to say if it accepted that it had been unlawful to prevent Morell’s assistance dog joining her at the conference; refused to comment on its failure to provide minutes from the meeting; and refused to promise that Morell and other disabled people in her position would in future be able to attend the conference with their assistance dogs.

Instead, a Labour party spokesperson said in a statement: “We strive to ensure that all our events are accessible to our disabled members by working with organisations that represent disabled people and provide expert services.”

A Cabinet Office spokesperson declined to confirm that Sir Stephen was correct when he suggested that Morell should have been allowed entry with her assistance dog.

She said the Cabinet Office could not comment on the point of law because it related to something that was “part of a political letter”.

But she added: “The government’s general position on disability remains that no one deserves to be held back or treated unfairly because of their disability and that we are determined to tackle barriers and work with disabled people to ensure they have equal access to every opportunity.

“Where individuals are concerned they have been a victim of discrimination, the Equality Advisory and Support Service is there to provide information and advice and it is important that both the government and businesses address the issue to ensure that assistance dog users feel welcome in society.”

14 November 2024

 

 

Kendall strongly hints there will be no PIP vouchers, but twice fails to make that promise

Work and pensions secretary Liz Kendall has strongly hinted that she will not implement the last government’s proposal to replace disability benefits with vouchers, but she twice failed to make a promise to that effect to MPs.

A public consultation that began in April under the Conservative government included a number of proposals aimed at cutting spending on personal independence payment (PIP), including one possible idea to replace cash PIP payments with vouchers.

The new Labour government has repeatedly refused to say if it supports the ideas in the Conservative consultation or provide any details of its own proposed PIP reforms, which are set to be published in the spring.

But in response to a question from Labour’s Damien Egan, Liz Kendall told the Commons work and pensions committee yesterday (Wednesday): “I was very struck, particularly by the comments people made around shifting support to vouchers and where many organisations said their real concern was that it took away people’s autonomy, particularly when services are so stretched and tight.

“So, I’ve read those very, very carefully.”

She declined to rule out the vouchers idea, but she said Labour’s plans would be based on “getting the decisions right first time, early intervention, genuine support to help people into work, helping people live full, fulfilling and independent lives.

“But this is extremely difficult, and I know people really want more detail, but we won’t do that until we’re absolutely ready and have had the proper discussions with people.”

She was later asked to rule out the vouchers idea by the Liberal Democrat work and pensions spokesperson, Steve Darling, who told her that a disabled constituent was “worried sick about vouchers being offered up and her not being able to have a richer life”.

Kendall again declined to rule out the idea of vouchers but told him she was “really aware of people’s concerns about that”.

She said that “this issue of empowerment and giving people power and control over their lives is really important because I think it leads to better results, so I understand people’s real concerns about that”.

Asked by Labour’s Amanda Hack about her plans for reforming the work capability assessment (WCA), Kendall repeated the government’s line that it would either be “reformed or replaced alongside a proper plan to support disabled people”.

She highlighted flaws in the WCA system, including delays, too many decisions being overturned, and – in a criticism used by DWP ministers for decades – that there was an unhelpful “binary classification [in the system] between those who are able to work and those who are unable to work”.

She claimed that “the truth is, apart from those with very, very severe disabilities, many people’s health conditions fluctuate, and it depends on the work, the job that they have, the flexibility that might be available, and a number of other issues”.

She said the last government “wrote people off, then blamed them, [so] I am not surprised that people are concerned and worried”.

Kendall again admitted that the government would make the savings promised by the last government, which appears to refer to Conservative plans to cut spending by £2.8 billion in the four years to 2028-29 by tightening the WCA, which would have seen 424,000 disabled people lose their entitlement to extra support of up to £4,900 a year by 2028-29.

She said the government would make these savings by “bringing forward our own proposals” after “genuinely” consulting with “disabled people in the organisations that represent them”.

She added: “I believe disabled people should have the same rights, choices to work, to independent living, as everybody else.

“That is the core that runs through us. So that’s the absolute principle. I cannot give you a more detailed response now, but that is our approach.”

Asked by Egan about the “big spike” in the number of people with mental health conditions claiming out-of-work disability benefits, particularly younger people, Kendall said the UK was “an older, sicker nation” than the other major economies in the G7 group.

She said: “If you look around the country, the places that have the worst life expectancy and lowest healthy life expectancy and the highest economic inactivity are the same places, parts of the country that were written off by the last but one Tory government, and the last one promised to level them up and actually didn’t.”

With young people, she said she believed the increase in mental ill-health was likely to be connected to “the impact of Covid, possibly also built on top of the cost-of-living crisis, anxious, worried parents, anxious, worried children, plus social media, plus less stigma about reporting mental health.

“I wish in life there was one reason that you could give an easy headline for, but, you know, life’s not like that.

“There are complicated things going on with mental health. That’s why we’ve really got to intervene early.”

She added: “One of the reasons we want mental health support in every school, and mental health support in open access hubs in every community, is we know these problems start young, so we’ve got to intervene much earlier.”

14 November 2024

 

 

Warning for MPs set to vote on assisted suicide: ‘Please do not sleepwalk into something you will regret’

A string of disabled people’s organisations and disabled activists have delivered powerful statements opposing a bill that would legalise assisted suicide, just two weeks before it is due to be debated and voted on by MPs.

Labour’s Kim Leadbeater finally published her 38-page terminally ill adults (end of life) bill on Tuesday, giving MPs only 17 days to digest the contents of her private members’ bill before they vote on it on Friday 29 November.

Among the disabled people’s organisations to issue statements opposing the bill this week were Inclusion London, Disability Rights UK (DR UK) and Disabled People Against Cuts (DPAC).

In a thread on social media, DPAC warned that MPs would have a maximum of five hours to debate the bill’s 43 clauses and six schedules at second reading, which was not long enough “by many miles”.

The bill, which applies to England and Wales, would allow people to seek an assisted death if they have “an inevitably progressive illness, disease or medical condition which cannot be reversed by treatment” and their death could “reasonably be expected within six months”.

DPAC warned that doctors often get such estimates wrong with terminal illnesses.

And although the bill creates a new offence of “dishonesty, coercion or pressure” aimed at those trying to force someone to seek an assisted suicide, DPAC said such actions were “difficult, indeed sometimes impossible, to detect”.

And while the bill would give a new right to an assisted suicide, there would be “no right to palliative care or independent living support”, said DPAC.

Inclusion London said it was “deeply concerned” that after “14 years of austerity and broken public services… choosing to die may seem like the only viable option”.

It said in its statement that the solution to suffering pain, isolation, poverty or a lack of good support was not helping people to die “but instead helping people to live by investing in and providing the support they need.

“We know many in our society think our lives are not worth living and we see the consequences of this deeply entrenched view in the experience of other countries, such as Canada, where the conditions and criteria for assisted dying quickly become wider than only the terminally ill and now include many different groups of disabled people.”

Inclusion London added: “We also saw how quickly disabled people’s lives were treated as of lesser value during Covid.

“Legalising assisted dying will only reinforce and perpetuate this.”

In its statement opposing the bill, DR UK said that assistance to die “should not be easier to access than assistance to live.

“Parliament and government should not allow assisted dying when political choices undermine our lives, and rights, every day.”

The statement added: “We recognise this is an issue many feel strongly about, and not everybody (including some disabled people) will agree with our position.

“However, until access to good quality support and services become the norm, we believe that opting for assisted dying may not be a real choice, and the proposed change in the law poses a danger to disabled people.”

There were also powerful statements this week from disabled activists.

Baroness [Jane] Campbell, who for years has led the fight against legalisation as co-founder of Not Dead Yet UK (NDYUK), told Disability News Service that disabled people were “deeply worried” that the legislation would be “passed in a hurry, to please the electorate”.

She said: “NDYUK has studied the effects of assisted suicide legislation internationally over two decades.

“The evidence demonstrates that safeguards do not work in practice.

“The Kim Leadbeater bill will result in more deaths amongst the most disempowered people in our society.”

She added: “Disabled people without sufficient health and social care to live with dignity often feel a burden on their families and friends because these services are scarce and declining in quality.

“It is not rare to hear disabled people in vulnerable situations say, ‘Perhaps I would be better off dead?’

“Feeling a burden or desperate for scarce health and social care services to live with dignity, must never be the reason to end a life prematurely.”

Baroness Campbell said she was calling on MPs not to “sleepwalk into something which you will regret” and to “hear our voices of experience before voting on the 29th November”.

She said: “Thousands of disabled people do not enjoy choices and rights to support services when we are ill or incapacitated.

“Assisted suicide legislation will only serve to push the desperate in a direction from which there is no coming back.”

Dr Miro Griffiths, co-director of the Centre for Disability Studies at the University of Leeds, although speaking on behalf of the Better Way campaign, said: “We are deeply concerned that Kim Leadbeater’s bill will not enjoy an appropriate level of scrutiny before second reading in two weeks’ time.

“MPs and the public deserve the opportunity to give this legislation and the issues it raises considered reflection.

“This will not be possible under the dangerously short time frame allowed for by the bill’s architects.

“Legalising assisted suicide in the UK would give rise to profound injustices, injustices that affect disabled people, people facing poverty, people who are isolated and lonely, and many others.

“No amount of legal drafting can rule out citizens choosing to end their lives because they lack sufficient support to go on living.”

He added: “Doctors warn that ‘assisted dying’ would undermine palliative care for everyone.

“Psychiatrists warn of a harmful shift in our societal response to suicide.

“And sociologists caution that a change in the law may open the door to more permissive legislation in years to come.

“The tragic experience of other nations suggests it is a matter of when, not if, laws expand.”

14 November 2024

 

 

MPs reopen inquiry into DWP safeguarding failures that led to countless deaths

Relatives of disabled people whose deaths were caused by the Department for Work and Pensions (DWP) have welcomed the decision by a committee of MPs to relaunch an inquiry into the department’s years of safeguarding failures.

The Commons work and pensions committee announced this week that it had reopened an inquiry that had to be abandoned in May when the government called a general election.

The Safeguarding Vulnerable Claimants inquiry was set up to examine whether DWP has a duty to safeguard “vulnerable people”, and if it does not, whether it should.

The committee says the reopened inquiry will now “seek to understand how the new government intends to rise to the challenge of ensuring it supports those who find it difficult to interact with the benefit system”.

The committee’s inquiry received 78 pieces of written evidence, and held four oral evidence sessions, with evidence received from families of disabled people whose deaths were caused by DWP’s actions, disabled claimants, disabled people’s organisations, lawyers, academics, safeguarding and welfare rights experts, ministers, and charities.

It was the first serious public investigation into DWP safeguarding since reports of deaths linked to the department’s actions first began emerging in the early years of the 2010-15 Conservative-Liberal Democrat coalition government.

As part of the inquiry, the committee carried out a survey of DWP staff, which found that two-thirds of them still do not have enough time to deal with safeguarding concerns “carefully” and “correctly”, despite years of deaths of benefit claimants linked with DWP’s failings.

The inquiry was launched in July 2023 when the committee was chaired by Labour MP Sir Stephen Timms, who is now minister for social security and disability and is likely to have to respond to the inquiry’s final report.

The committee will now be contacting witnesses who previously gave evidence to ask if they need to update their evidence.

A spokesperson for the committee, now chaired by Labour MP Debbie Abrahams, said it had not yet decided whether to hold further evidence sessions.

Alison Burton, whose father-in-law Errol Graham starved to death after DWP wrongly stopped his benefits when he missed a work capability assessment, said she was “definitely glad” the inquiry had been reopened.

She gave evidence about his case to the committee at a virtual round-table evidence session, and she said the safeguarding issues raised by the inquiry “still continue to affect people”.

She made it clear to the committee that DWP needed to have a legal duty of care to those receiving benefits.

She told Disability News Service (DNS): “I think if they had one it would go a long way to resolve a lot of the issues.”

Burton said such a duty of care would force the department to review all its practices “because there are plenty of practices within the department that would not comply with a duty of care”.

Among them, she said, would be the department’s continuing resistance to obtaining further medical evidence for many claimants – including her father-in-law – particularly for those with mental distress.

She said: “If the department had a duty of care, they would have to obtain further medical evidence because it would be part of their duty of care.”

She is convinced that if DWP had had such a duty at the time and had obtained further medical evidence in her father-in-law’s case, he would still be alive.

Yesterday (Wednesday), work and pensions secretary Liz Kendall suggested to the committee that she was open to the idea of DWP being given a legal safeguarding duty (see separate story).

Joy Dove, whose daughter Jodey Whiting took her own life in February 2017, 15 days after she had her out-of-work disability benefits wrongly stopped for missing a work capability assessment, also welcomed the committee’s decision to reopen the inquiry and said she was “eagerly awaiting the outcome”.

She highlighted how a report by the Independent Case Examiner found that DWP failed five times to follow its own safeguarding rules in the weeks leading up to her daughter’s suicide, despite her long history of mental distress.

Even though a “flag” was placed on DWP’s ESA system to alert staff that she was a “vulnerable” claimant because of her mental ill-health, DWP failed to refer her request for a home assessment to Maximus, the company that was carrying out WCAs on its behalf.

Maximus also failed to act on her request, even though it had been included in the ESA50 questionnaire she had filled out.

Grassroots groups of disabled people, such as Black TriangleDisabled People Against Cutsthe Mental Health Resistance Network, and the Spartacus network, spent years highlighting deaths linked to DWP’s actions.

Concerns have also been raised by relatives such as Burton and Dove who have called for action after the deaths of their family members.

Some of the evidence linking DWP with the deaths of benefit claimants has come through prevention of future deaths reports written by coroners, several of which only emerged years after they were written.

Other evidence of persistent DWP safeguarding flaws has emerged through freedom of information requests to the department, which have revealed how hundreds of recommendations for improvements have been made by DWP’s own secret reviews into the deaths of claimants.

Some of these reviews showed DWP staff continuing to make the same fatal errors, year after year.

The evidence collected by DNS and others, stretching back more than a decade, has shown how DWP repeatedly ignored recommendations to improve the safety of its disability benefits assessment system, leading to countless avoidable deaths.

It also shows how DWP hid evidence from independent reviews, and how the department failed to keep track of the actions taken in response to recommendations made by its own secret reviews.

Evidence also demonstrates that the cultural problems within DWP extend far beyond the assessment system, touching all aspects of its dealings with disabled people in the social security system.

The evidence, compiled over the last decade by DNS and other journalists, academics and activists, shows systemic negligence by DWP, a culture of cover-up and denial, and a refusal to accept that the department has a duty of care to those disabled people claiming support through the social security system.

Much of that evidence has been brought together in a detailed timeline, as part of the Deaths by Welfare project headed by Dr China Mills and supported by Healing Justice Ldn, which works with marginalised and oppressed communities.

Meanwhile, the anti-poverty charity Turn2us has launched a free online tool that aims to simplify the application process for personal independence payment (PIP), the disability benefit which contributes towards the extra costs associated with an impairment or health condition.

The Turn2us PIP Helper offers step-by-step guidance, an eligibility checker, PIP award estimations, mental wellbeing resources, and essential information.

One of the reasons for developing the tool was to help disabled people obtain some of the £870 million in PIP payments that go unclaimed every year because of people who start claims but do not complete them or who are eligible for higher payments but are not receiving them.

One of the project partners is Disability Rights UK, which said it hoped the tool would “ensure as many disabled people as possible can access the appropriate PIP award”.

The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, John Pring’s book on the deaths linked to DWP, is published by Pluto Press 

14 November 2024

 

 

Co-op faces discrimination claims over inaccessible fridges

A major supermarket chain has been accused of discrimination after installing chilled food cabinets with inaccessible doors, preventing many of its disabled customers accessing fresh produce.

Co-op has installed the inaccessible chiller cabinets in at least two of its stores, but refused this week to say how many others were affected, or if it was rolling them out across its business.

The concerns were first raised by disabled activist Flick Williams, from York, who said the discriminatory action by her local Co-op had made it impossible for her to shop independently.

She said it appeared to be a trend among major supermarket chains.

When she visited her local Co-op in Hull Road last week for the first time in a couple of months, she found it had placed doors on the fridges, which meant she was unable to reach the fruit and vegetables, meat and fish, fruit juices and cheese, puddings and ready meals.

There were also no staff available to help her.

She said her reaction when she realised what the store had done was “absolute dismay because it’s happening everywhere, and I can envisage a time where every single supermarket is the same and I literally have nowhere to shop”.

She told Disability News Service (DNS): “Essentially, they have made it inaccessible for me to shop independently.

“I have no-one else who can shop for me and my 90-year-old mother. It’s really, really depressing me.”

She has tried home deliveries but says she should not have to pay a delivery charge, while the fresh produce that was delivered was poor quality, and she had substitute products imposed on her that she did not want.

Williams said: “It seems that they do not value the purple and grey pound.

“A lot of older people who wouldn’t necessarily identify as disabled are really going to struggle as well.

“Why are they alienating such a huge demographic, a huge part of their customer base?

“We really don’t all have friends and family who can shop for us, and why should we resort to that? Shopping is a basic necessity of life.”

Fellow disabled activist Tony Jennings said Co-op had also installed “discriminatory” enclosed fridges at his local store in Market Street, Ulverston, Cumbria, after a refurbishment.

He told DNS the changes had made the store inaccessible to him – breaching the Equality Act – if he wants to shop for chilled produce as there are often no staff available to help him.

And even if there were staff, he said, he does not want “to trail around the store after a member of non-existent staff – I simply want the Co-op not to introduce barriers preventing me from shopping independently”.

Although the refurbishment widened the aisles and made the checkouts more accessible, it also installed the bank of inaccessible, enclosed chiller cabinets, with doors that open outwards and handles that are too high to reach.

He could previously access the chilled produce independently but now he cannot.

He said older people had also complained that the chiller doors were heavy and difficult to hold open, as they will be for anyone with energy-limiting conditions, particularly as there are now “chillers all down one side of the store”.

He said: “I’m all for saving energy but chillers must be accessible to everyone.

“The Co-op’s appalling discriminatory attitude, installing inaccessible chillers, has alienated disabled shoppers and excluded them from their stores – what are they going to do about it?”

Co-op refused to say why it had installed the new enclosed fridges; whether it had consulted disabled people before doing so; what action it would take to address the discrimination; whether it assessed the equality impact of the closed cabinets before installing them; and how many stores it planned to install them in.

But a Co-op spokesperson said in a statement: “We are fully committed to making our stores accessible and inclusive for all customers and understand accessibility needs differ for everyone.

“Our store colleagues always aim to assist our members and customers as they require it, and anyone requiring support is urged to ask our team members for assistance.

“We are, however, sorry that the customer could not find a colleague to help on this occasion.

“We provide regular colleague guidance and work with disability organisations and our suppliers to meet the diverse needs of our communities.”

14 November 2024

 

 

Elections watchdog criticises political parties for failing on accessible manifestos

The elections watchdog has criticised political parties that failed to produce their general election manifestos in accessible formats.

The Electoral Commission has also highlighted how disabled candidates were still not able to secure government funding to support them with their access needs during the election campaign.

It raises the concerns in its report on July’s general election and May’s local elections, which was published yesterday (Wednesday).

Disability News Service reported in June how some of the main political parties fighting the general election had still not published accessible versions of their manifestos, just a week before polling day.

The worst offenders from the main parties were Reform UK, followed by the Green party, the SNP and the Conservatives.

The commission said at the time that it had previously recommended that accessible versions should be published at the same time as the main manifestos.

It says in this week’s report that political parties “routinely fail to provide information about their policies in accessible formats” and that disabled people “should have just as much time as anyone else to understand what the parties stand for”.

It also highlights how disabled election candidates still cannot access financial support to help with their access needs.

It points to the previous Access to Elected Office Fund, which was set up by the coalition government in 2012 but then closed down three years later.

A temporary fund followed in 2018, covering some elections in 2019, 2020 and 2021, before it was closed, and the last government repeatedly promised to set up a replacement.

Although similar schemes have been set up for devolved elections in Wales and Scotland, there is no support for disabled candidates at general elections or in other elections in England.

The report says: “A similar scheme could be set up for reserved elections to remove barriers to candidates engaging in the democratic process, and to ensure voters can hear from a range of campaigners.”

The report also says that more could be done to raise awareness of the support available for disabled voters in polling stations.

It says: “Although Returning Officers provided a range of accessibility equipment and support at polling stations, many people were not aware of the assistance available to them.”

Of those polling station staff who returned an Electoral Commission survey, “almost all” of them “provided most items from the list of equipment that should be provided as a minimum” for disabled voters.

Where polling stations said the minimum equipment was not provided, it was “nearly always” where the equipment was not needed, such as when the polling station did not have any parking available or did not need to have ramps.

Some polling stations went “beyond” the minimum, says the report, by providing additional support such as devices to access the ballot paper in audio format, or a hearing loop.

The commission’s research also found that almost all disabled adults (96 per cent) who voted in person said it was easy to get inside the polling station and vote.

Of those disabled people who voted in person, one in 20 said they needed additional assistance or equipment.

Of this group, about one in five (19 per cent) said the assistance or equipment they needed was not available to them at the polling station.

And about one in 10 disabled voters (nine per cent) said the way elections are run at present prevents them voting in person.

The report recommends that more is done to improve awareness of the support available for disabled voters in polling stations, including placing information on poll cards and local authority websites.

The Electoral Commission’s survey of candidates also found that more than half (55 per cent) of those who responded felt they had experienced harassment, intimidation, or abuse during the election campaign, while more than one in 10 (13 per cent) said they had had a serious problem with abuse.

Disabled candidates who responded were twice as likely to have been physically attacked, hit, or have something thrown at them compared to non-disabled candidates (10 per cent versus five per cent).

They were also slightly more likely to have received social media abuse than non-disabled candidates (60 per cent compared with 51 per cent).

An Electoral Commission spokesperson said: “On manifestos, we have a long-standing recommendation that when political parties publish manifestos, they should make sure accessible formats are available at the same time, so that disabled people have just as much time as anyone else to understand what parties stand for.”

She said that, although the report made no recommendation on the need for funding for disabled candidates, and some other areas of electoral law that need to be improved, “we continue to work closely with the UK government, including through the Accessibility of Elections Working Group convened by the Ministry of Housing, Communities and Local Government, to take forward other areas of work”.

14 November 2024

 

 

Research shows how transport bodies could add accessibility into vital planning tool

Transport bodies planning station upgrades could take easy steps that would allow them to take greater account of accessibility when deciding where to invest, new research commissioned by disabled people has shown.

The research, published yesterday (Wednesday) by the disabled-led campaigning organisation Transport for All (TfA), shows that a key measure used by Transport for London to measure public access to the capital’s transport network does not take account of accessibility.

But if accessibility factors were included in the Public Transport Access Level (PTAL) measure, it could help a “wide range” of organisations, including transport bodies and developers, measure the impact of their proposals on disabled people, and reach different conclusions about where they should invest.

  • This could help direct organisations like Transport for London (TfL) to prioritise investment in local areas that have no other accessible public transport options, the research found.

PTAL is used by TfL to rate different locations in the capital on how easy it is for people to access the public transport network, and it takes account of walking distance to the nearest stations or stops; waiting-times; the number of services; and the distance to major rail stations.

But PTAL ignores the accessibility of transport services, and factors such as step-free access, the level of crowding, availability of toilets, and provision of information.

Yesterday’s report, Accessibility Review of the PTAL Index, found that a new Accessible Public Transport Access Level (APTAL) measurement could provide “substantially different” results than PTAL.

Initial research highlighted barriers faced by disabled passengers such as a lack of step-free access; overcrowding; lack of staff; the inability to secure wheelchairs on buses or trains; a lack of priority seating; driver and passenger attitudes; inadequate information; and poor quality pavements and road surfaces.

Disabled people who use public transport and took part in the study told researchers that step-free access was the most important measure to be added to APTAL because for many disabled people “it is the difference between being able to access a station versus not at all”.

The level of crowding was the second-most important measure because “disorientation, noise levels, and difficulty finding space in lifts were acknowledged as affecting a diverse range of people”.

They also looked at access to toilet facilities at stations.

Some potential measures could not be added to the APTAL model for the report because of the lack of suitable publicly-available data.

  • The research found that including each of the three new measures “significantly changes the score” given to the three central London locations the report examined.
  • Map-based graphics in the report show how the areas around King’s Cross with higher scores for access to public transport shrink drastically when including accessibility data on crowding, step-free access and availability of toilets, as they do for Soho and, to a lesser extent, Southwark.
  • The researchers concluded: “Accessibility is complex. However, it is possible to measure some aspects of accessibility in a simple and straightforward way.
  • “In the future a more accessible PTAL could be used to prioritise investments like station upgrades.”
  • Deborah Persaud, TfA’s chair, who took part in the research, said: “London should be a city for everyone, but current planning systems effectively bar disabled people from parts of the city.
  • “It’s time Transport for London added accessibility to planning, so London can start to be truly open to us all.”
  • Caroline Russell, a Green Party member of the London Assembly, who supported the report, said she hoped it would provide “a much-needed blueprint for improving the way we address and expand accessibility measures in our planning policy”.
  • Alex Williams, TfL’s chief customer and strategy officer, said: “Our vision is a London where everyone can move around the city safely, comfortably and sustainably, and access to public transport is fundamental to this.
  • “We are working continually to make our network as accessible as possible, but we know there is much more work to be done.
  • “We welcome this report from Transport for All and will be carefully reviewing its recommendations.”
  • TfL said that more than a third of Tube stations across the capital are step-free, while the mayor, Sadiq Khan, has set a goal of making half of all stations step-free by 2030.
  • In January, the mayor announced investment in toilet provision of £3 million per year over five years across the TfL network.
  • TfL also said that its new Equity in Motion plansets out more than 80 commitments to make its network fairer, more accessible and more inclusive.

The research for TfA was carried out by Revealing Reality and Frontier Economics, and it was funded by the Motability Foundation charity.

Catherine Marris, Motability Foundation’s head of innovation and policy, said the report provides “new insight into how public transport networks can be made accessible to all, and crucially it is based on user research carried out with disabled people”.

She said the report “adds to the evidence base we have on why accessibility needs to be at the heart of future transport planning, and we look forward to continuing to influence for change in this area”.

14 November 2024

Other disability-related stories covered by mainstream media this week

Schools should not turn away “difficult” pupils over fears they will harm their results, and face being evaluated on how inclusive they are towards local children, Ofsted’s chief inspector of schools has said. Sir Martyn Oliver, the head of Ofsted, told England’s school leaders that there will be a focus on inclusion in the report card-style inspection reports to be introduced next year: https://www.theguardian.com/education/2024/nov/08/ofsted-schools-inspection-difficult-pupils-inclusion

Civil servants are looking at the extra costs that assisted dying would impose on the NHS, amid a warning from Wes Streeting that some services may be cut to fund expanded end-of-life care. The health secretary has asked officials at the Department of Health and Social Care to analyse potential implications for NHS services if the right to an assisted death is legalised in England and Wales: https://www.theguardian.com/politics/2024/nov/13/assisted-dying-law-nhs-cuts-wes-streeting

The son of a man with motor neurone disease who died while waiting for a wheelchair from the NHS’s leading provider has accused them of “sincerely failing his dad”. Over the past 12 months, the Parliamentary and Health Service Ombudsman has seen a sharp rise in complaints about NHS wheelchairs: https://www.itv.com/news/2024-11-08/not-fit-for-purpose-patients-wait-years-for-wheelchairs-from-nhs-provider

A pub called The Midget after an iconic MG car is changing its name following complaints that it is offensive. More than 1,000 people signed a petition to rename the pub in Abingdon, Oxfordshire, which is owned by the Greene King chain. The petition was started by Dr Erin Pritchard, a disability lecturer at Liverpool Hope University, who has dwarfism: https://metro.co.uk/2024/11/08/pub-forced-change-name-people-complain-offensive-21954413/

14 November 2024

 

News provided by John Pring at www.disabilitynewsservice.com

 

 

 

Nov 152024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

 

“COVID Action are holding masked demonstrations on Thursday 21 November at 9am and 1pm outside the Covid Inquiry, Dorland House, 121 Westbourne Terrace, Paddington, W2 6QG. There are 2 demonstrations to allow Long Covid sufferers or people with disabilities time to attend and to get maximum publicity. This will be a peaceful masked demonstration.

Please bring your banners, leaflets, badges and any supporters.

We want to demonstrate that Covid has not gone away, ONS figures demonstrated this week that 283 people had died of Covid in England Wales. Long COVID continues to a disabling life changing disease.”
Nov 082024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net
DPAC steering group would like to let our members know that we aren’t unaware of the issues around groups who campaign on issues we campaign on.
Specifically Assisted Suicide has been a campaign which has thrown up challenges of this sort in the past.
We would like to let our members know that DPAC is as committed now to its values and principles as it has been at any point since our formation.
Liberation and full inclusion for disabled people and all marginalised & oppressed groups in our communities is our aim – that doesn’t falter.
DPAC won’t work with any groups who perpetuate the othering, oppression and discrimination we see and experience every day.
We will continue to create campaigns, activities and spaces which welcome all communities and identities.
We will continue to educate and equip all allies with the knowledge and tools to work with us to achieve this.
Or, we will – as we have done on many occasions – forge our own path.
Nov 072024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Mental health bill ‘will not stop us being locked up’, say disabled activists

A long-awaited new mental health bill falls far short of the fundamental reforms needed to ensure full human rights for disabled people, and will not stop them being subjected to forcible detention and degrading treatment, activists have warned.

The government yesterday (Wednesday) introduced its mental health bill into parliament, although it is based on a draft piece of legislation drawn up by the last Conservative government.

But one disabled activist said the new bill would not prevent disabled people being “locked up, abused, tortured, treated inhumanely and left to die through neglect”.

Other campaigners said many of the reforms would be “meaningless” in a system where community care was “chronically under-resourced”.

The last government’s draft bill fell “well short” of compatibility with the UN Convention on the Rights of Persons with Disabilities (UNCRPD), activists warned at the time.

The new bill, which will reform the “outdated” Mental Health Act 1983, includes measures to end the use of police and prison cells as “places of safety” for people in mental health crisis; stop the “inappropriate” detention of autistic people and people with learning difficulties; and introduce statutory care and treatment plans.

The bill also gives patients more say over how they should be treated if they are sectioned under the act, and offers “stronger protections” for patients, staff and the public, the government says.

It also offers patients the right to choose a person to represent their interests and “greater access to advocacy” when they are detained, and reforms the use of community treatment orders so they are only used “when appropriate and proportionate”.

Disabled people’s organisations welcomed some aspects of the reforms, but they warned that the new bill would not comply with the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

National Survivor User Network (NSUN), a user-led network of groups and people with experience of mental ill-health, distress, and trauma, said some of the proposals in the last government’s draft bill had “the potential to improve the experiences of people who are detained under certain circumstances”, if they were properly resourced and implemented.

But NSUN said the draft bill had not shifted far enough “towards truly rights-based care” and failed to provide “real alternatives to detention and properly-resourced community care”.

An NSUN spokesperson said: “Black people are over three times more likely to be detained under the Mental Heath Act and 11 times more likely to receive an inappropriate community treatment order, but the [government] press release fails to elaborate on steps toward addressing and reforming what we know to be a structurally oppressive system which further marginalises racialised communities.”

NSUN also said that measures to prevent people in mental health crisis being placed in prison, and ensure patients had as much control over their care as possible, were “ultimately meaningless in a system where community care is chronically under-resourced”, with significant question-marks over any additional funding.

Simone Aspis, project manager for Inclusion London’s Free Our People Now project, which is led by autistic people and people with learning difficulties, said the new bill “focuses on keeping people in psychiatric hospitals against their wishes”.

She said: “We don’t think this bill will stop us from being locked up, abused, tortured, treated inhumanely and left to die through neglect in psychiatric hospitals.”

Although the new bill introduces a 28-day limit for detention for autistic people and people with learning difficulties who do not also have a mental health diagnosis, many of those with another diagnosis or label would not have the same protection.

Aspis said: “We don’t think this will stop us from being locked up.

“Having statutory care and treatment plans for us will have limited impact if mental health professionals still have the power to lock us up, for years on end, without a release date.

“Increasing numbers of young people are being detained and we face widespread prejudice.

“It will take more than just involving more patients, families and carers to change this.”

Aspis said Free Our People Now “would welcome a mental health bill that is in line with our UN human rights as disabled people.

“This would focus on stopping us being locked up in the first place, and keeping us out of psychiatric hospitals for good.

“We need a bill that focuses on giving people with learning difficulties and autistic people the right to the support we need, to live great lives in the community.”*

Fazilet Hadi, head of policy for Disability Rights UK, said the bill would provide “some patient-centred improvements to existing practices and services” but “in no way upholds the civil and human rights of disabled people” under the UN convention.

She said: “Under the convention, disabled people have the right to liberty, the right not to be subjected to degrading and inhuman treatment, and the right to live independently in the community.

“The bill isn’t built on these principles and those in mental distress will continue to be forcibly detained against their will and to be subjected to degrading treatment.

“Whilst the bill promotes increased support in the community, the current underfunding of mental health services makes such a shift unlikely.”

Dorothy Gould, founder of the user-led, rights-based organisation Liberation, said the government’s announcement was “devastating news” because the bill appeared to be “in fundamental breach of full human rights for those of us given a mental health diagnosis”.

She said: “Information released about the bill demonstrates all too clearly that it is thought acceptable for us just to have ‘improved’ rights.

“Why should people experiencing acute trauma not have full human rights?

“Why are we continuing to be treated as second-class citizens like this?

“This is not a bill which brings the Mental Health Act ‘in line with the 21st century’.

“On the contrary, the UK government is continuing to breach our basic rights under the UNCRPD.”

She added: “The government has argued that continuing provision for disability-based detention and forced treatment is needed because of times when we are a risk to ourselves and others.

“However, this does not even seem to be based on adequate research evidence.”

She said: “What is true is that many of us are being traumatised further by the use of involuntary detention and forced treatment at the very times when we most need warm, human and genuinely healing approaches, and that the mental health system has resulted in death levels among us that are at horrific levels.

“It’s a national disgrace, a huge stain on past governments and now on the current government as well.”

She said the bill represented “a blatant failure to tackle the main causes of acute mental distress: discrimination, abuse and hate crime, inequality, poverty, the misery caused by the current welfare benefit system and the failure to provide adequate support for those of us who can work combined with intolerable pressures on those of us who cannot”.

Health and social care secretary Wes Streeting said in a statement announcing the bill: “Our outdated mental health system is letting down some of the most vulnerable people in our society, and is in urgent need of reform.

“The treatment of autistic people and people with learning disabilities, and the way in which black people are disproportionately targeted by the act should shame us all.

“By bringing the Mental Health Act in line with the 21st century, we will make sure patients are treated with dignity and respect and the public are kept safe.”

The government told DNS yesterday that the new bill contains “a number of measures that go further than the previous draft bill”.

The Department of Health and Social Care (DHSC) did not clarify how many new measures there were in the new bill, but it provided two examples.

One change from the draft bill is that advance choice documents, which allow patients to set out their choices and wishes on their future treatment, will be written into law.

DHSC said the bill will also strengthen “safeguards for public safety”, for example by requiring clinicians to consult at least one other mental health practitioner before discharging a patient after they have been sectioned.

*Free Our People Now’s Bring People Home from Psychiatric Hospital network has created a list of requests (PDF) which represent “what we want the government to do to stop locking us up in hospital”. It has been signed by 27 organisations

 

 

 

Call for hate crime law reform, as broadcaster says young people too sick to work are ‘parasites’

A right-wing broadcaster is likely to escape police action despite describing young disabled people on out-of-work benefits as “parasites”, in a case that highlights long-standing concerns about inequality for disabled people in hate crime law.

Isabel Oakeshott, international editor for TalkTV, criticised chancellor Rachel Reeves for failing to announce a “crackdown” on young people on sickness benefits in last week’s budget.

Oakeshott told the TalkTV audience: “It is ludicrous. How many young people are supposedly too sick to work and being supported by the state?

“You know, these figures are absolutely off-the-chart, and they are completely unjustified.”

She said last week’s budget had removed resources from those who work “in order to keep on sustaining those who frankly can’t be bothered to get out of bed and get themselves out… to… any kind of job and prefer to just sit on the sofa and order their Deliveroo and drive their Motability free vehicle and take everything that the state can offer”.

Oakeshott, former political editor of The Sunday Times, told presenter Kevin O’Sullivan that “people like you and me and our very many listeners” were “grafting just to try to make ends meet, and basically these people are frankly parasites”.

TalkTV is owned by News UK, whose other outlets, including The Sun and The Times, have long pushed for a government “crackdown” on social security spending.

It is believed that a number of complaints have been submitted to broadcasting watchdog Ofcom about Oakeshott’s comments.

Dr Jenny Ceolta-Smith, a disabled activist and adviser with the charity Long Covid Support, is one of those who has complained to Ofcom.

She told the watchdog in her complaint that the kind of rhetoric used by Oakeshott “causes harm, it is distressing, fear inducing and for those of us who cannot work we feel blamed, vilified and victimised”, while “implying benefit claimants are lazy incites hatred”.

She said there were more than two million people in the UK with long Covid, including many who experience “debilitating fatigue and often need to spend considerable periods of time in bed or on the sofa/chair”.

It is likely that Oakeshott and TalkTV have breached the Ofcom Broadcasting Code.

Section 3.2 of the code says: “Material which contains hate speech must not be included in television and radio programmes… except where it is justified by the context.”

And section 3.3 of the code says: “Material which contains abusive or derogatory treatment of individuals, groups, religions or communities, must not be included in television and radio services… except where it is justified by the context.”

An Ofcom spokesperson said: “Every complaint we receive is assessed against our rules before we decide whether or not to investigate.”

Seven years ago, Theresia Degener, who at the time chaired the UN committee on the rights of persons with disabilities, warned that disabled people could be at risk of violence, and even “killings and euthanasia”, because of their portrayal by the government and media as “parasites” who live on benefits.

She said in the BBC interview, in comments that were never broadcast but were reported by Disability News Service (DNS), that “disabled people being portrayed as parasites, living on social benefits, and welfare and the taxes of other people” was “very, very dangerous”.

She said such attitudes “will later on lead to violence against disabled people, we know it, if not to killings and euthanasia”.

John McArdle, co-founder of the disabled people’s grassroots group Black Triangle Campaign, said: “I find it totally unacceptable that in the 21st century people should be able to brand a whole section of society as parasites.

“Words have repercussions, and I would like to reaffirm wholeheartedly what Theresia Degener said.”

Oakeshott’s comments have highlighted the continuing contradiction in hate crime law, which allows someone to be charged with stirring up hatred on the grounds of race, religion, or sexual orientation, but not on the grounds of disability.

The Law Commission recommended three years ago that this law should be extended to disability and transgender identity in England and Wales, but the last government failed to implement this and many other recommendations from the report.

Dr David Wilkin, a disabled activist, researcher, author* and support worker for victims of disability hate crime, said the Law Commission had “recognised that disabled victims of hate crime (as well as the transgender community) had no protection in law from those wishing to abuse them or from those wanting to stir up hatred and resentment against them”.

He said: “Were the recommendations of the commission adopted, we would have a robust suite of legislation to protect all disabled people from such crimes.

“For it not to have been put on the statute book is a wasted opportunity.”

He said there was now a good opportunity for the new government to “take a turn away from the divisive behaviour of summer 2024 and introduce new laws to protect susceptible groups”.

A TalkTV spokesperson told DNS: “We are aware of comments made by Isabel Oakeshott on Talk last week on Kevin O’Sullivan’s nightly political opinion show.

“Although Kevin O’Sullivan’s show is built on personal opinions on the news stories of the day, Isabel Oakeshott failed to caveat her comments to reflect she did not mean all benefit claimants were gaming the system.

“In debates on this issue, she frequently emphasises the importance of supporting those in genuine need. We regret any offence caused.”

Asked whether this meant that Oakeshott believed that some young disabled people who do not work were “parasites” but just not all of them, the spokesperson declined to comment further.

She also declined to say if this view was shared by News UK.

There was no mention of any apology from Oakeshott.

The Home Office said Labour had committed to changing hate crime laws on aggravated offences, but not yet on the stirring up hate offence and other recommendations made by the Law Commission.

A Home Office spokesperson said: “We are absolutely committed to tackling all forms of hate crime and have already committed to protect LGBT+ and disabled people by making all existing strands of hate crime an aggravated offence.

“This government is carefully considering the recommendations made by the Law Commission in its report on hate crime legislation.”

*Disability Hate Crime: Perspectives for Change, was published by Routledge in September

 

 

 

Minister’s pledges are ‘beginning of the end’ of rail assistance ‘chaos’ and ‘nonsense’, says disabled peer

Labour’s rail minister had made a series of promises that could see “the beginning of the end” of sub-standard assistance for disabled passengers on the railway, following lobbying by two disabled peers.

Lord Hendy, former chair of Network Rail, told the House of Lords yesterday (Wednesday) that he was “personally ashamed” of the way the rail industry treated passengers who need assistance.

He said he was sending “a clear signal to train operating companies that they cannot ignore their legal duties to support disabled passengers and to ensure that disabled passengers have proper access to the railway as they need and deserve”.

And he said he had been left “shocked” after being shown the number of different mobile phone apps that disabled people must use to book assistance, a wheelchair space and a ticket for their rail journeys.

He also pointed to the “lack of consistency in train design”, and the “lack of reliable, accurate information” on whether facilities such as station lifts and accessible toilets are working.

As well as promising to improve assistance, Lord Hendy proposed an amendment to the government’s passenger railway services (public ownership) bill, which would amend the Equality Act to make it clear that publicly-owned train companies are subject to the act’s public sector equality duty.

This should make it easier for disabled rail passengers to hold rail companies to account for access failures, as the government gradually takes operators into public ownership when contracts with private companies expire.

The minister’s pledges followed a meeting with two disabled peers – Liberal Democrat Baroness [Sal] Brinton and crossbench peer Baroness [Tanni] Grey-Thompson – and Liberal Democrat rail spokesperson Baroness Randerson.

Lord Hendy said: “Although it is the government’s view that the public sector equality duty [PSED] already applies to publicly-owned train operating companies, we are concerned that that is currently not as clear as it needs to be.

“By adding them to the list of public authorities in the act, we will ensure that there can be no mistake.

“Network Rail and Transport for London are already named in the act, but train operating companies previously were not, which is something that, if this amendment is agreed, we will remedy.”

This amendment to the bill was later agreed by peers.

Lord Hendy said the government’s future railways bill would allow Great British Railways (GBR) – the new over-arching body that will eventually run the rail system – to “begin to take a coherent approach” to access issues.

But he said some of the improvements should not have to wait for that bill to be passed.

He said the government would therefore begin to work with disabled people to develop an “accessibility road map” that would “explain the actions we intend to take to improve things for disabled people or others requiring assistance in advance of GBR being set up”.

He said the road map would include measuring and reporting on lift reliability and maintenance; confirming the legal obligation of rail operators to provide all disabled people with assistance when travelling, “whether or not a pre-booking has been made”; and improving “consistency” in the service provided to disabled rail passengers.

Lord Hendy said the government would also provide funding to improve the passenger assist app, and that this work “must be done” in consultation with disabled people, including Baroness Brinton and Baroness Grey-Thompson, to “ensure that it delivers the assistance that people deserve and addresses their needs”.

Baroness Brinton told fellow peers yesterday that disabled people had “for far too long been ignored by the train operating companies, with complex and different arrangements leading to chaos and unreliable services” and with many disabled people reporting “disrupted or poor services daily”.

She said the PSED amendment was “a big step forward” and the measures announced by Lord Hendy would eventually mark “the end of the current poor levels of assistance for passengers”, which would “transform the lives of disabled rail passengers”.

Last month, Baroness Grey-Thompson and Baroness Brinton described to fellow peers some of their experiences as disabled rail passengers.

Baroness Brinton spoke of the “absolute nonsense” of the multitude of mobile phone apps disabled people need to use to book their tickets and assistance, the “total chaos” of trying to arrange access at unstaffed stations, and the overall unreliable provision of assistance.

Baroness Grey-Thompson said the failure rate with assistance was “way too high, and many disabled people do not even try to travel because of the fear of what they expect”, while she also described the “victim blaming” of disabled people by rail staff when there is an assistance failure, with disabled people “constantly fobbed off and told it will never happen again” when they complain.

She told peers last month: “Quite frankly, I really dislike having to book, but I cannot face having to turn up at a train station and almost feel like I am begging to be allowed on the train.”

Meanwhile, the government has announced that Baroness Grey-Thompson will lead a new taskforce that will work with the industry and consumers over the next nine months to tackle the barriers to air travel for disabled passengers.

Among other disabled members are Sophie Morgan, a television presenter and founder of campaign group Rights on Flights; accessible transport campaigner Tony Jennings; and Helen Dolphin, a long-standing member of the Disabled Persons Transport Advisory Committee.

The taskforce will also include representatives of airlines, assistance providers and airports.

The group will agree “short- and long-term practical and achievable actions that can be implemented by the industry, the regulator or the government”.

Transport secretary Louise Haigh said: “For too long, disabled passengers haven’t had the standard of assistance and service they need.

“That’s why we are bringing together this expert taskforce to drive forward change.”

Baroness Grey-Thompson said: “I am looking forward to working with disabled people, industry experts and the Department for Transport to improve access to flying.

“It is essential that the rights of each passenger are protected at every aspect of their journey, so they can travel with the respect they deserve.”

Morgan said the government had “sent a powerful message to the community and airline industry, that change is in the air”.

 

 

DWP’s treatment of disabled people under Tories was ‘terrible and inexcusable crime’, says MP

The way the Department for Work and Pensions (DWP) has treated disabled people in the last 15 years “will go down in history as a terrible and inexcusable crime”, MPs were told this week during a debate on the new government’s budget.

Apsana Begum – who lost the Labour whip in July after voting to remove the two-child benefit limit – said there was “extensive evidence about the serious harm caused to people subjected to dehumanising assessments and sanctions, including reports of deaths* directly related to the social security regime”.

She called for a “long-term overhaul of the social security system”, which she said was “not fit for purpose”.

The independent MP also told the Commons that Labour’s commitment to deliver the same level of savings on disability benefits as the last government had planned was “more than alarming”.

She spoke out after chancellor Rachel Reeves pledged in last week’s budget to “reduce the benefits bill” and “ensure that welfare spending is more sustainable”.

Reeves said last week that the government would “deliver” the same cuts to spending as the Conservative government had aimed to make through tightening the work capability assessment.

Those changes would have been introduced next year and would have seen 424,000 disabled people lose their entitlement to extra support of up to £4,900 a year by 2028-29, cutting spending by £2.8 billion in the four years to 2028-29.

It is not yet clear whether the Labour government will introduce those changes, or if it will make the savings elsewhere.

Begum was not the only MP to refer to the impact of the last government’s welfare reforms on disabled people.

Labour’s Emily Darlington, MP for Milton Keynes Central, reminded MPs on Monday that under previous Conservative governments, disabled people had taken their own lives due to welfare reform.

She said that 14 years of “failure” had also led to “three million people using food banks, more than 700,000 children plunged into poverty, mortgage costs nearly doubled, the worst pay rises since the 1950s… mental health worse than at any time on record, more people sleeping rough and more families without their own home”.

She said the Conservative party continued “to deny, to justify and to refuse to apologise to those people right across the country and in my constituency”.

Labour’s Neil Coyle challenged former Conservative work and pensions secretary Mel Stride to explain why he had insisted there would be no investigation of DWP by the Equality and Human Rights Commission (EHRC) into its unlawful treatment of disabled benefit claimants.

Stride had repeatedly insisted that DWP would reach a legal agreement with EHRC over allegations of discrimination in its benefits assessment processes.

The commission finally took the step to launch an investigation in May after discussions with the department that lasted more than two years and were supposed to lead to a legally-binding section 23 agreement that would have forced it to take action to address its discrimination.

Stride, who was this week appointed shadow chancellor by the new Conservative leader, Kemi Badenoch, did not answer the question, telling Coyle instead: “I stand by our record when I was secretary of state for work and pensions, particularly on the support that the department gave to the disabled, not least the results that we achieved in encouraging and helping them into work, which is the best possible outcome.”

During Monday’s debate, work and pensions secretary Liz Kendall again spoke of “near-record levels of people trapped out of work due to long-term sickness” and the government’s plan “to drive down fraud and error in the welfare system”, including its controversial fraud, error and debt bill.

And she told MPs that her employment white paper, which is expected to be published later this month, would describe the “biggest reforms to employment support in a generation”, and “help us meet our ambition to achieve an 80 per cent employment rate” and “turn what is in reality a department for welfare into a genuine department for work”.

Deirdre Costigan, Labour MP for Ealing Southall, said she had visited her local jobcentre last month, and asked staff what support they could offer disabled people to return to work, but she said they “did not have an answer”.

She said: “As a trade unionist, I represented disabled workers for many years.

“So many of them wanted to work but were pushed out of their job because there was no support.

“There are three million people off work on a long-term sickness absence.

“Many would love to work, but the health service is not set up to support them and jobcentres do not have the right tools to help.”

She said Kendall’s plan to “bring jobcentres, careers services, skills providers and health services together will make a huge difference”.

*The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, John Pring’s book on the deaths linked to DWP, is published by Pluto Press 

 

 

DWP denies destroying documents that would have shown why it weakened rules on secret suicide reviews

The Department for Work and Pensions (DWP) has denied destroying documents that would have revealed why it weakened guidance on when to investigate the cases of benefit claimants who took their own lives, following a probe by the information commissioner.

Repeated searches by DWP civil servants – in response to a request by the Information Commissioner’s Office – failed to unearth a single document relating to the decision.

DWP says it is now impossible to explain “how the decision to change the criteria was made”.

Disability News Service (DNS) has been trying since March to obtain internal DWP documents that would show why the rules on when to carry out internal process reviews (IPRs) were altered in April 2021.

In 2020, DWP told the National Audit Office that it would always carry out one of its secret reviews when it heard of a claimant’s suicide, even if there were no allegations that DWP’s actions had contributed to that death.

But since April 2021, after weakening the rules, DWP now only carries out an IPR following the suicide of a claimant if there is already an allegation that DWP’s actions “may have negatively contributed to the customer’s circumstances”.

That decision meant far fewer internal process reviews were carried out.

In 2022-23, there were 89 referrals from within DWP for an IPR, but only 60 met the new criteria, while in 2023-24, there were 75 referrals and only 53 met the criteria.

DNS had asked DWP, through a freedom of information request, for any documents relating to the decision to weaken the criteria that were held by the team that made the change.

After the department claimed it held no such documents, DNS complained to the information commissioner.

In its response to the commissioner, DWP said it had searched its IT systems, with “file by file checks” of “each of the folders where it would be likely that recorded information would be held”, as well as “full site meta-data searches”.

A second “independent” check was carried out by “an experienced IPR team member”.

None of these checks produced a single document about the decision to weaken the criteria.

The information commissioner, John Edwards, told DNS this week: “DWP confirmed that it was not aware of any specific information that had been destroyed or deleted that related to the request.

“DWP explained that this was confirmed in conversations with colleagues responsible for the IPR team during the period covered by the request.”

When the commissioner raised concerns from DNS that this information should have been “recorded and retained”, DWP told him: “In an operational context, many decisions are made daily, often without them being officially recorded in specific documents.”

It added: “It is also worth noting the events occurring at the time in question, the department was still concentrating on supporting citizens during the pandemic and that may have impacted the decision-making process.”

DWP said it had been unable to confirm if information relating to the decision to weaken the IPR was ever created.

But it added that “if it was created during the period in question, we can confirm that it was no longer held when the original request was received”.

It also told the commissioner that “due to a lack of documentation, turnover of staff and the time that has passed since the period in question”, it could not explain “how the decision to change the criteria was made”.

Edwards ruled this week that, on the balance of probabilities, DWP does not possess the documents DNS was seeking.

He said he “understands why the complainant would believe that information was held” but “cannot determine whether information should be held, only whether on the balance of probabilities, it was held at the time of the request”.

DWP has a long history of hiding and delaying the release of embarrassing information about the deaths of claimants, and destroying incriminating documents.

The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, John Pring’s book on the deaths linked to DWP and the years of cover-ups by the department, is published by Pluto Press 

 

 

 

DWP finally admits ordering more than 30 secret reviews into universal credit harm and deaths last year

The Department for Work and Pensions (DWP) has finally admitted that it carried out more than 30 secret reviews last year into cases of serious harm or deaths involving someone receiving universal credit.

Internal process reviews (IPRs) are only carried out if there has been an allegation that DWP’s actions “may have negatively contributed to the customer’s circumstances”, or if it is asked to contribute to a safeguarding or domestic homicide review or an inquest.

The figures will add to concerns about the working-age benefits system, two months after the start of the rollout of universal credit to the remaining hundreds of thousands of disabled people still receiving income-related ESA.

The PCS union has described universal credit as a “dangerously flawed system” in which “the most vulnerable continue to slip through its cracks”.

DWP previously claimed it was just a mistake that figures on how many IPRs into the deaths of universal credit claimants were carried out were omitted from the department’s annual report for 2023-24.

The report, published just after July’s general election, introduced the figures on page 80, stating: “The chart below shows the primary service lines relating to the customers’ cases accepted to IPR across 2023-24.”

But there was no chart in the report that provided that information.

Now, more than three months later, DWP has finally published the missing figures.

They show that 31 IPRs were carried out in 2023-24 into suicides, other deaths, attempted suicides and cases of serious harm involving claimants of universal credit.

They also show 27 were carried out into cases involving personal independence payment claimants, and 15 into disabled people who were receiving employment and support allowance (ESA)*.

In 2023-24, DWP staff referred 75 cases for a possible review, but only 53 met the criteria and were accepted for an IPR.

Despite repeated concerns being raised about safeguarding and the safety of the administration of universal credit, none of the main political parties mentioned the issue in their election manifestos.

In July, DNS described how repeated failures by DWP led to the death of a disabled woman, Nazerine Anderson, after her case was randomly selected for a “performance measurement review” of her universal credit claim.

Last November, another coroner wrote to the department after the death of Kevin Gale, to warn DWP that it needed to act to prevent flaws in the universal credit system leading to further deaths, after Gale took his own life after becoming overwhelmed by the application process.

And last month, DNS reported how a disabled woman left traumatised by the daily demands of universal credit took her own life just seven days after being told she would need to attend a face-to-face meeting with a work coach. Her inquest has yet to take place.

Thanks to a secret DWP decision, the criteria for when to carry out an IPR was weakened in April 2021 (see separate story).

Previously, whenever DWP became aware that a claimant had died by suicide it would order an IPR, even if there were no allegations that its actions had contributed to the death.

But since April 2021, after weakening the rules, DWP now only carries out an IPR following the suicide of a claimant if there is already an allegation that DWP’s actions “may have negatively contributed to the customer’s circumstances” and the claimant has “suffered serious harm, has died (including by suicide), or where it has reason to believe there has been an attempted suicide”.

IPRs are also carried out if DWP is asked to participate in a safeguarding adults review, a significant case review (in Scotland), or a domestic homicide review, or is named as an interested party at an inquest.

*Many claimants will have been receiving more than one benefit

The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, John Pring’s book on the deaths linked to DWP and the years of cover-ups by the department, is published by Pluto Press 

 

 

 

Access to Work spending doubles in seven years

Spending on supporting disabled people in work through a disability employment scheme has more than doubled in real terms in the last seven years, new government figures have revealed.

The new Access to Work statistics, published by the Department for Work and Pensions (DWP), show the amount spent on assistance such as equipment, travel and support workers increased from £127 million in 2016-17 to £255 million in 2023-24, once the effects of inflation have been allowed for.

Spending rose even faster last year, increasing by 34 per cent, from £191 million in 2022-23 to £255 million in 2023-24.

The largest proportion of spending was on support workers, with £178 million spent last year, followed by £43 million on travel to work and £21 million on aids and equipment.

The number of disabled people receiving Access to Work (AtW) support increased by more than 15,000 last year (from 34,800 in 2022-23 to 49,920 in 2023-24), a rise of 43 per cent.

There are now more than twice the number of people receiving Access to Work support than there were in 2017-18, when there were just 22,460.

But the figures also show that the average level of support per disabled person has fallen significantly in the last six years.

In 2017-18, the average level of support was £5,922, but last year it was only £5,112.

There are also continuing concerns with the way the scheme is run.

Last month, Disability News Service reported that disabled people working in the creative and cultural sectors were increasingly seeing cuts to the support they receive through AtW.

And employment minister Alison McGovern said early last month that there were about 55,000 AtW applications yet to be dealt with, in a response to a written question from Liberal Democrat work and pensions spokesperson Steve Darling.

Despite the figures apparently showing a significant investment by the last government in supporting disabled people in jobs, Conservative ministers rarely if ever highlighted how much they were spending on the scheme.

At last year’s Conservative party conference, the minister for disabled people, Tom Pursglove, twice spoke about the importance of the scheme without mentioning a huge real terms increase in spending of 15 per cent on the previous year.

Instead, Conservative ministers focused their efforts on attacking disabled people who were not able to work and were economically “inactive” and receiving “welfare”.

Prime minister Rishi Sunak spoke at the 2023 conference of how supporting so many disabled people on out-of-work benefits was “not good for our economy” and “not fair on taxpayers who have to pick up the bill”, and he called it a “national scandal”.

The chancellor, Jeremy Hunt, spoke at the same conference of 100,000 people every year who were leaving jobs “for a life on benefits” after being found not fit for work.

For years under successive Conservative-led governments from 2010 onwards, spending on the scheme was restricted, with the numbers of disabled people receiving AtW support only passing the 2010 level in 2018-19.

 

 

 

Delay in publishing Leadbeater bill ‘is truly shocking’

Disabled activists have criticised the “truly shocking” failure of an MP to publish a bill that aims to legalise assisted suicide, just three weeks before it is due to be debated – and voted on – by MPs.

Labour MP Kim Leadbeater’s terminally ill adults (end of life) bill will be debated by MPs on 29 November.

But the bill has yet to be published, although it is now due to be released early next week after reports of growing concerns.

Disabled campaigners who have raised serious doubts about the safety of legalisation, say the failure to provide MPs and the public with enough time to analyse the contents of the bill shows a “shocking lack of democratic process”.

Disabled activist and author Ellen Clifford, coordinator of the coalition of UK disabled people’s organisations that monitors implementation of the UN disability convention, said: “The lack of published text is yet further evidence of why MPs must vote against this bill.

“The private members’ bill mechanism gives too little space for appropriate scrutiny and oversight for a matter of this significance.

“I would urge everyone who can to contact their constituency MP and make the case that even if they think they are in favour of legalisation, they cannot let the Leadbeater bill pass.”

Paula Peters, a member of the national steering group of Disabled People Against Cuts, said it was “absolutely reprehensible that Kim Leadbeater’s bill has not been published and no text is available”.

She said: “MPs have no idea what is in the bill. This is a shocking lack of democratic process.

“This is literally life and death to disabled people. It’s terrifying.

“That MPs have no access to a bill they are supposed to debate and vote on is truly shocking.”

Peters called on disabled people to write to their MP about the bill and the “deep concerns” over the long-term impact of legalisation in countries such as Canada, where “medical assistance in dying” was the sixth highest cause of death in 2022.

A spokesperson for Leadbeater said today (Thursday): “The bill will be published early next week, giving MPs the best part of three weeks to study it before the debate on November 29th.”

Opposition to the bill among MPs – or at least to plans by its supporters to rush it through parliament – appears to be growing.

The Guardian reported last week that there was anger among new Labour MPs “about the speed of the bill” and “a strong feeling that the vote should not take place until the government can show significant improvements to the state of the NHS”.

Among senior figures in the government who have raised concerns about the bill and plan to vote against it are health secretary Wes Streeting and justice secretary Shabana Mahmood, both of whom would have key responsibilities for implementing any new law.

Work and pensions secretary Liz Kendall and culture secretary Lisa Nandy are both reported to be in favour of the bill.

 

Other disability-related stories covered by mainstream media this week

England’s overstretched adult social care services need urgent government intervention to stabilise them financially as rising costs and demand play havoc with council budgets, care bosses have warned. The financial challenge is “as bad as it has been in recent history”, the Association of Directors of Adult Social Services said, with services under “intolerable pressures”. Four out of five councils are on course to overspend their adult social care budgets, while more than a third have been forced to tear up savings plans and impose a fresh round of cuts mid-way through the year: https://www.theguardian.com/society/2024/nov/06/adult-social-care-in-england-needs-urgent-help-from-ministers-say-bosses

The government is looking again at whether disabled people in England should be able to claim more than £30,000 to make adaptations to their homes. Ministers have agreed to review the cap on the Disabled Facilities Grant after a court challenge. The upper limit for claims in England has not been raised since 2008 and a pledge to increase it, made in 2021, was shelved by the last government: https://www.bbc.co.uk/news/articles/crmzjdllex9o

MPs are launching an inquiry into the cost of “inaction” on the adult social care crisis. After years of failure to fix the broken system, the health and social care committee will look at the impact on the NHS and local councils. It will also examine how any cost of inaction is felt if people feel the need to stop or cut their working hours as they wait for care or become full time unpaid carers: https://www.mirror.co.uk/news/politics/mps-launch-inquiry-cost-inaction-34026259

Parents have said their disabled children have been left “humiliated” at school after being told they must carry lanyards that detail their impairments. Disabled pupils at Werneth School in Stockport, Greater Manchester, have been told to wear or carry sunflower lanyards or face disciplinary action. One mother said it was “disgusting” that her 12-year-old autistic son Finlay had been “forced” to carry the pass, adding he had been targeted by school bullies as a result: https://www.bbc.co.uk/news/articles/cdrdxzx2e1jo

News provided by John Pring at www.disabilitynewsservice.com

 

 

 

Nov 052024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

DWP ordered to disclose key documents about “dehumanising” plans to reform Work Capability Assessment

During a hearing about the “rushed and disingenuous” consultation used to justify proposals to tighten the Work Capability Assessment, the DWP was ordered by a judge to disclose key internal documents to Ellen Clifford, a disabled activist bringing a legal challenge over the consultation.

Clifford was in court on 31 October to argue that the DWP should disclose key documents that were relevant to her claim, backed by lawyers from Public Law Project (PLP.) Through the hearing, it was revealed that:

· The DWP had not done any employment or disability assessments of the proposals they wished to consult on before the consultation was launched.

· They did, however, undertake reviews to work out what savings may be made from the proposals before consulting. This included estimating how many Deaf and Disabled people may no longer be assessed as having limited capacity for work or work-related activity, if proposals were implemented.

· No information about potential savings or numbers impacted was provided to consultees as part of the consultation process.

Under these proposed changes to the Work Capability Assessment, thousands of people would lose £416 per month in benefits and many would be at risk of sanctions.

Ellen Clifford said: “The DWP’s revelation that they carried out absolutely no employment or disability impact assessment has confirmed my fears: this rushed and disingenuous consultation was just a smoke screen for cuts. It was never a legitimate attempt to hear the voices of Deaf and Disabled people or support them into work.

“In reality, a lot of people will struggle to pay everyday bills if these proposed changes go ahead.”

Aoife O’Reilly, the PLP lawyer acting for Clifford, said: “Ellen Clifford has maintained throughout her challenge that the true or primary motive behind the consultation was to reduce spending on disability benefits, rather than being about consulting on proposals that would help more Deaf and Disabled People to enter the workforce or access support with a view to doing so.

“The fact that lawyers for the DWP have now confirmed to the Court that no employment or disability impacts were carried out before the consultation began further supports her position that this was a money-saving exercise, disingenuously presented to some of the most vulnerable people in our society.

“We are pleased that the judge has ordered DWP to hand over more documents, which are clearly documents that her legal team should see. We are also pleased that DWP

will now reconsider whether there may be other documents it should provide to Clifford, in light of concerns expressed by the judge about how they’ve considered this so far.”

These reforms were first announced by the previous Government in November 2023 (following a consultation that ran from 5 September to 30 October), but the Chancellor of the Exchequer announced during the Budget that Labour would honour the savings that the previous government planned to make through these reforms.

The Office for Budget Responsibility also mentioned Clifford’s judicial review in its forecast, noting that it “could cause delays” to the implementation of Work Capability Assessment reforms.

Background:

Clifford first began her legal action over a year ago, after the consultation over changes was wrapped up in just eight weeks. Like many, she was concerned that it had not been possible for the Disabled people who would be directly impacted by these reforms to meaningfully respond.

The consultation claimed that reforms had been proposed to reflect that there were now better employment opportunities for some Deaf and Disabled people due to the rise in flexible and home working.

However, the consultation failed to provide any assessment of whether Deaf and Disabled people would actually benefit from the proposed increased workplace flexibility. It also did not clearly outline that many people would lose money, or start being required to meet conditions in order to receive their payments, with a risk of sanctions if they did not meet them.

Ellen Clifford said: “I am delighted the judge has agreed that DWP need to hand over these documents.”

“Withholding key documents in the context of this legal claim undermines our ability to challenge harmful and dehumanising proposals effectively. Deaf and Disabled People deserve clarity and accountability, and to be consulted in a way that is fair, especially when our livelihoods are on the line.

“For thousands of people, the stakes are very high when it comes to the Work Capability Assessment. The previous Government’s proposed reforms would push a lot of Deaf and Disabled and chronically ill people into destitution.

“This week, Rachel Reeves promised to deliver the savings promised by the previous Government when they proposed these reforms. We are now asking the Government to look beyond the savings and recognise the real people who will be harmed.

“They should not continue with reforms when those impacted were not given any meaningful opportunity to explain why they should not be implemented.”

Clifford’s claim is due to be heard at a two-day hearing on 10 and 11 December 2024 at the Royal Courts of Justice, which will be a landmark moment in the fight for disability rights and welfare support in the UK.

More info:

· Clifford’s legal team had sought disclosure of internal departmental documents evaluating the public spending, employment and disability impact of the proposals, up to 22 November 2023, being the date when the consultation was launched.

· Clifford said that these documents would demonstrate whether the Government had information in its possession that ought to have been provided to consultees, while also shedding light on what she maintains was the true or primary motive of the consultation – cutting welfare benefits – rather than supporting Deaf and Disabled People into work.

· While a High Court judge had ordered disclosure of these documents, DWP asked for a hearing to have the matter considered again. At the hearing, DWP denied that they had any further documents in their possession that were relevant and necessary for Clifford to see, as part of her claim.

· In particular, DWP said that they should not have to hand over documents relating to an audit of 300 previous WCA cases, which DWP had used to assess what savings could be expected, or any documents that it created after the consultation began on 5 September 2024.

· In a judgment delivered orally by Mr Justice Linden, shortly after hearing submissions from both parties’ legal teams, including Jenni Richards KC, representing Clifford and instructed by Public Law Project, he dismissed the DWP’s application to have the original order for disclosure set aside. Mr Justice Linden found there were no good reason not to affirm the previous order.

· He also expressed concern at how the DWP had seemed to misunderstand Clifford’s case and her disclosure application, and noted the possibility that the DWP’s evidence on what relevant documents it had in its possession may have been based on an overly narrow understanding of what Clifford’s case was actually about, including a failure to appreciate the potential relevance of analysis DWP may have done after 5 September 2023 to Clifford’s claim.

· In addition to handing over the documents Clifford had sought, DWP agreed to re-consider whether it had further documents that may fall to be disclosed, and to provide Clifford with a witness statement confirming this exercise had been properly considered, in the event that no further documents were identified.

· Office for Budget Responsibility (OBR) figures show only around 3 per cent of those affected by the planned changes – 15,400 people – will move into work by 2028/29 as a result.

Oct 312024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Fear, anger and confusion as budget blundering creates chaos over government’s plans for ‘fit for work’ test

The new Labour government’s policy on social security reform is in chaos after it issued contrasting statements and briefings on budget day about whether – and how – it would press ahead with planned Conservative cuts to spending on out-of-work disability benefits.

Disabled activists warned that the government’s refusal to clarify the position on reforms to the work capability assessment (WCA) would only add to the distress being felt by hundreds of thousands of claimants.

The confusion surrounds whether the government would implement controversial reforms announced by the last government that would tighten the WCA.

The changes would be introduced next year and would see 424,000 disabled people lose their entitlement to extra support of up to £4,900 a year by 2028-29.

It came as a high court “disclosure hearing” is due to take place today (Thursday) as part of a legal challenge into whether last year’s consultation on these changes to the WCA were lawful.

The full hearing of the legal challenge, taken by disabled activist and author Ellen Clifford, will take place on 10 and 11 December.

Yesterday’s chaos started with comments by chancellor Rachel Reeves, who was delivering her first budget speech.

She spoke of the need to “reduce the benefits bill” and “ensure that welfare spending is more sustainable”, and told MPs that Labour had “inherited the last government’s plans to reform the work capability assessment”.

She said: “We will deliver those savings as part of our fundamental reforms to the health and disability benefits system that [work and pensions secretary Liz Kendall] will bring forward.”

Although many disabled activists assumed she was referring to the plans to tighten the WCA – as did mainstream media and charities – there was no mention of any such cost savings in the budget documents.

When Disability News Service asked the Treasury why no savings were mentioned in the budget report and to clarify Reeves’ comments, a spokesperson claimed the chancellor was referring to “the government’s already-stated intention to reform or replace the work capability assessment”.

He added: “We’re taking the time to review this in the round before setting out next steps on our approach in the coming months.”

It then emerged that social security and disability minister Sir Stephen Timms had been briefing some disability organisations about the budget after the Reeves speech.

Reports from those who attended the briefings suggest that the government has not yet decided whether to go ahead with Conservative plans to tighten the WCA.

Sir Stephen reportedly said that a similar level of savings on social security would have to be made, but not necessarily by reforming the WCA in the way proposed by the last government.

But he is also reported to have said in another briefing that he would not go ahead with the Conservative WCA plans.

The chaos follows months of confusing and misleading statements from the new government on its plans for reform of disability benefits and disability employment.

Only last week, employment minister Alison McGovern appeared to quash claims made by Kendall – her boss – in a BBC interview that she was planning to send work coaches onto mental health wards.

And earlier this month, DWP refused to clarify comments by the prime minister which suggested that all claimants of long-term sickness benefits would be expected to look for work under Labour’s social security reforms.

Disabled People Against Cuts (DPAC) expressed anger at the confusion and lack of clarity on the government’s plans, and at the apparent commitment to further cuts to disability support.

Bob Ellard, a member of DPAC’s national steering group, said: “Disabled people are scared and angry, having waited too long for the budget expecting the burden of government failure to fall yet again on us.

“We’ve been led to expect better from Labour, only to find their attitude is just as uncaring and vicious as before.

“Our needs have been ignored as usual, and now more of us will suffer and more of us will die due to Reeves’ callousness.”

Rick Burgess, a spokesperson for Greater Manchester Coalition of Disabled People, said: “The lack of clarity on the WCA causes distress, as does the messaging around benefits that ministers have engaged in.

“The savings the government envisage logically can only come from fewer people getting disability benefits, yet disabled people are not reducing in numbers, we are increasing – not least due to long Covid – so this can only mean disabled people will be refused the support they have a right to while being hounded and spied upon by the state.”

Caroline Collier, from Inclusion Barnet’s Campaign for Disability Justice, said a “cloud of uncertainty still hangs over disabled people and the financial support they are entitled to expect”.

She said: “The sooner that cloud is lifted, the better – and we shall be holding the government to its word that disabled people will be fully consulted.

“And this absolutely needs to be an agenda that allows all disabled people a decent standard of living, provides genuine employment opportunities without compulsion and treats disabled people with respect.”

Budget failed on addressing systemic challenges facing disabled people, Treasury is told

Labour’s first budget for 15 years has failed to do enough to address the “systemic challenges” faced by disabled people across society, user-led organisations have warned the Treasury.

The first budget speech of chancellor Rachel Reeves included no serious attempt to address the crises in accessible housing, adult social care and inclusive education – although there was some new funding – or the huge barriers in accessible transport.

Instead, there was a clear focus on “cracking down” on benefit fraud and investing in new schemes to push “inactive” disabled people into work.

Reeves mentioned the government’s fraud, error and debt bill, which the chancellor said would provide “direct access to bank accounts to recover debt”, strengthening the powers of the Department for Work and Pensions (DWP).

The budget report highlights how the bill will also introduce “new powers to check benefits are being paid correctly using data shared by banks and financial institutions”, which disabled campaigners have warned will see DWP ordering banks to “spy” on the accounts of benefit claimants.

Reeves also confirmed that next April’s annual increase in working-age benefits would be just 1.7 per cent, because of the low rate of inflation in September.

The only direct mention of disabled people in her speech was when she said ministers would deliver the cuts to out-of-work disability benefits planned by the last government, although her comments sparked huge confusion among activists, disabled people’s organisations, charities and the media (see separate story).

Despite the failure to place any focus on disability equality, Reeves did announce a £1 billion increase in spending on special educational needs (SEN), a real terms increase of six per cent; and £600 million extra in grant funding for social care, although it is not yet clear if this is solely for adult social care.

Her speech came just days after a report published by the government found that tens of thousands more disabled children could have their needs met in a mainstream setting rather than a special school, if there were major improvements to the SEN system (see separate story).

The budget report also reveals an £86 million increase in spending on the Disabled Facilities Grant (DFG), which will support “around 7,800” more adaptations to disabled people’s homes, although Reeves made no mention of this in her speech.

That figure suggests DFG spending – which currently helps to adapt about 50,000 homes a year – will rise by nearly 14 per cent in 2025-26.

The budget report makes clear that work and pensions ministers plan to set out their plans for reforming disability benefits early in 2025.

Reeves said the government would soon publish its Get Britain Working white paper, which she said would take “an integrated approach across health, education and welfare” to addressing the “root causes of inactivity”.

The budget report says the government is providing “record levels of capital investment in health” to help reduce NHS waiting-lists and “thereby supporting people into work”.

And it says the white paper will show how the government will “test new approaches and collect robust evidence on how to tackle the root causes of ill-health related inactivity”.

It will set up eight “trailblazer” areas across England and Wales that bring together health, employment and skills services to “improve the support available to those who are inactive due to ill health and help them return to work”.

This will include NHS England “health and growth accelerators” in at least three areas to “develop evidence of the impact of targeted action on the top health conditions driving economic inactivity”.

The government will also spend £115 million next year on a new supported employment programme, Connect to Work.

From 2026-27, the Connect to Work programme will support nearly 100,000 disabled people a year, with councils able to “tailor their delivery” of the scheme “in ways that meet their local needs”.

In total, the budget report says, the government will spend more than £800 million on disability employment support in 2025-26.

The budget report also says the government will spend £120 million in 2025-26 to support the purchase of new electric vans and support the manufacture of wheelchair-accessible electric vehicles.

In response to the budget, DPO Forum England – whose members include nearly 50 disabled people’s organisations, such as Greater Manchester Disabled People’s Panel, Inclusion London and Buckinghamshire Disability Service – has written to the Treasury to express its concern at the measures announced by Reeves.

It said the budget “fails to address the level of poverty experienced by disabled people” and that it saw the focus on getting the “economically inactive” back to work as “targeting vulnerable groups like the sick, disabled, and young people with mental health issues”.

It told the Treasury: “The increases in disability benefits, social care, and special educational needs funding are a drop in the ocean compared to the actual funding shortfalls, which are estimated to be much higher.”

The forum said the budget had failed to “adequately address” the “systemic challenges” around inclusive education, carers’ support, and the institutionalisation of disabled children.

And it said the budget “appears to further the troubling regression of disabled people’s rights, falling short of the support required to rectify these issues and build a genuinely inclusive society”.

Julia Modern, senior policy and campaigns manager at Inclusion London, said the budget was “a huge missed opportunity to reset the relationship with disabled people”.

She said: “The chancellor claims her budget shows ‘no return to austerity’; she really should have added ‘except for disabled people’.

“While we are pleased to see modest increases in some budgets for essential services like the NHS and an additional £600 million for local government-provided social care (a drop in the ocean compared to the scale of crisis in the £28 billion a year system), there is nothing in the budget to address the huge rates of poverty among disabled people.

“Instead, our social security is being eroded.”

Disability Rights UK (DR UK) said the budget represented “a failure to make real change”.

A DR UK spokesperson said: “Despite the minimal uplift in spending to fund our crumbling public services, the budget doesn’t give disabled people the confidence that the services we rely on every day will tangibly get better.

“At the end of the day, the biggest announcement was one our community had been expecting: more disabled and working-class people seeing their benefits cut whilst there will be no real difference in our local services.”

Gabrielle Johnson, communications and membership manager for National Survivor User Network, said there was frustration “at the ongoing neglect of appropriate social security for those most in need of state support” and the government’s decision to “reinforce harmful rhetoric” through measures in its fraud, error and debt bill.

They said the bill would give DWP “access to benefit recipients’ financial records without their consent, criminalising disabled people and creating fear and anxiety around penalisation”.

And they said the Get Britain Working white paper evoked “familiar and damaging messaging around the inherent value of human life as a tool to economic productivity”.

Johnson said: “Seriously ill and disabled people, including those with lived experience of mental ill-health, distress and trauma, deserve dignity, care and personalised support, but our government seems unable to meet even the very basic needs of those made vulnerable by the policies they continue to implement.”

SEN improvements ‘could see tens of thousands more disabled children educated in mainstream schools’

Tens of thousands more disabled children could have their needs met in a mainstream setting rather than a special school, if there were major improvements to the special educational needs (SEN) system, a report published by the government has found.

The report, commissioned under the last government, summarises the first phase of the Delivering Better Value in SEND programme, which aims to find ways to improve “outcomes” for children and young people with special educational needs and disabilities (SEND) across 54 local authorities.

Each of the 54 councils received a £1 million grant to support their work.

The stories of more than 1,650 children and young people with SEND were analysed, leading to the conclusion that if the system was improved, 65 per cent of those children and young people could have had their needs met in a more effective way.

Such an improvement could lead to 35,000 more children having their needs met in a mainstream setting rather than a specialist placement, the report says.

The report concludes that the proportion of children and young people with SEND in mainstream schools would ideally increase from 42.3 per cent to 49.9 per cent, with those in resourced provision* and SEN units attached to mainstream schools increasing from 2.3 per cent to 12.9 per cent, and those in special schools falling from 37.9 per cent to 21.8 per cent.

The research also highlights 17 ways in which changes to the local education system had the biggest impact on outcomes for children and young people with SEND.

Nearly all of them related to improvements made by mainstream schools.

These included providing teaching assistants; adapting the curriculum; other children being inclusive of disabled children; disabled children being able to access after school clubs; making secondary schools a more welcoming environment for disabled children; and improving training for mainstream school staff in how to support disabled children.

The research was published as a National Audit Office (NAO) report concluded that, if left unreformed, the SEN system was “financially unsustainable”.

The NAO report also found that, since 2014, the Department for Education (DfE) has been aiming for mainstream schools to be more inclusive, but there was “limited evidence of progress”.

DfE said earlier this year that just 69 per cent of primary school and 73 per cent of secondary school leaders were confident that their schools could effectively support pupils with SEN.

NAO said DfE had increased high-needs funding, with a 58 per cent real terms increase between 2014-15 and 2024-25 to £10.7 billion, but “the system is still not delivering better outcomes for children and young people or preventing local authorities from facing significant financial risks”.

The Alliance for Inclusive Education (ALLFIE), which submitted evidence to the NAO study, welcomed the report, and said it did not “shy away from the broken state of the SEN system and the urgent need for change”.

Michelle Daley, ALLFIE’s director, said DfE must take “concrete action to build public confidence in a system that truly serves all children and young people”, including those in under-resourced areas and for families of disabled children from marginalised communities.

And she said this action must include “phasing out funding for segregated provisions and establishing clear, sustainable, and long-term goals for inclusive education in mainstream settings”.

Dr Edmore Masendeke, ALLFIE’s policy and research lead, said the NAO report showed how government polices “continue to favour segregated provisions over inclusive education in mainstream settings” and highlighted how DfE had failed to make a “clear commitment” to define “inclusive education” or to set “specific, measurable outcomes for mainstream settings to support disabled pupils effectively”.

He said the NAO report suggested that DfE wanted to develop more segregated units attached to mainstream schools, which ALLFIE strongly opposed because it would perpetuate disablism and discrimination.

Daley said the NAO report highlighted a “troubling narrative” that blamed disabled children and young people for high spending on SEN and lowering school performance “rather than addressing the systemic inequities within the education system”.

She said this “scapegoating” diverted attention from the systemic failings within the SEN system, and the disablism in the assessment systems that hindered disabled pupils’ academic progress.

Despite the NAO report, Catherine McKinnell, the minister for school standards, said the Delivering Better Value in SEND research was “light at the end of the tunnel”.

She told MPs that it suggested that if the SEND system was “extensively improved through early intervention and better resourcing in mainstream schools”, it would mean tens of thousands fewer education, health and care plans would be needed, and tens of thousands more children would be educated in mainstream settings rather than special schools.

She said: “That can pave the way for a sustainable system in which schools cater for all children, and special schools cater only for those with the most complex needs.”

She said government measures to improve the system would include strengthening how schools are held to account over inclusion; improving SEND training for early years staff “to ensure that children’s needs can be identified at the earliest point”; a review of the curriculum and assessments; and changes to Ofsted inspections.

McKinnell told MPs that the current system had “totally lost the confidence of families” and that families and disabled children were “being failed on every measure”.

Munira Wilson, the Liberal Democrat education spokesperson, said the NAO report had confirmed that the SEND system was “in crisis and on the brink”.

She said: “The last Conservative government’s abject failure to tackle the systemic problems facing SEND provision has been laid bare for all to see.”

Wilson said MPs had been “inundated with casework from concerned and often desperate parents who just want to know that their children will receive the support they need without waiting for months or years”.

*Resourced provision is where a disabled child has a place at a mainstream school, but also has some support from specialist services based at the school

Government pledge to scrap discriminatory ban on online attendance ‘could be first step towards inclusion’

Disabled politicians have welcomed the government’s pledge to scrap the ban on councillors attending meetings online, which should see an end to some of the discrimination they face when trying to play a role in local government.

Labour’s deputy prime minister, Angela Rayner, has promised to change the law to allow disabled councillors and other elected members to take part in meetings remotely if they face barriers to attending in person.

Ministers believe that granting local authorities the power to allow councillors to attend hybrid or remote meetings* would both increase the diversity of local councillors and “enhance the resilience” of local authorities in the face of local or national emergencies.

They also believe it would “modernise democratic engagement, raise standards and widen the range of candidates standing for council by removing unnecessary barriers”.

The last Conservative government repeatedly rejected pleas to scrap rules that currently prevent disabled representatives and others from taking part in council meetings remotely, despite some Conservative MPs and peers urging them to change the law.

During the early stages of the pandemic, emergency regulations allowed council meetings to be held online – or in a hybrid combination of in-person and online attendance – but they were scrapped in May 2021.

Since then, it has been illegal for councils in England to hold hybrid or virtual meetings, although the Welsh government passed laws allowing remote meetings three years ago, while Scottish local authorities have been able to do so for 20 years.

Angela Rayner, who is deputy prime minister and secretary of state for local government, has now launched an eight-week consultation on plans that would allow both “remote attendance” and “proxy voting” at local authority meetings in England.

Proxy voting would allow an elected member to give their vote to a colleague to use on their behalf if they are unable to attend a meeting, for example during maternity, paternity or adoption leave.

Rayner said in a speech to the Local Government Association last Thursday that the measures would make it possible “for people from all walks of life to have a stake in local democracy, whether they have caring responsibilities or aren’t able to make it to the town hall in person because of illness or disability”.

Ministers say they believe the new laws “will encourage a wider diversity of people willing and able to stand and actively participate in local democracy by creating improved conditions where meetings are accessible and inclusive”.

Disabled former councillor Blossom Gottlieb welcomed the government’s announcement.

She was elected as a Green councillor for East Hampshire District Council in October 2021 but did not stand for re-election in May 2023 because of the current laws preventing councillors taking part in meetings remotely.

She was not allowed to vote or speak at meetings because she could not attend in person.

She helped the Green party campaign for a change in the law.

She told Disability News Service: “This ableist law did stop me from continuing as a councillor, which was exceptionally disappointing.

“I am utterly delighted change has finally been made, and am proud of the part I played.

“It will benefit so many people, not only increasing inclusivity in local politics by making it more accessible to the disabled population, but also to anyone who has caring responsibilities, such as those looking after their parents or children, or anyone experiencing temporary mobility issues.

“I had almost lost hope for my political career, but this news might just reignite it, who knows.”

Another former disabled councillor, Nico Reznick, also welcomed the government announcement, but only if it was a first step towards “meaningful” inclusion in society for disabled people and Labour did not use it as “a smokescreen to try and cover a larger issue”.

She became disabled after contracting Covid early in the pandemic while working in a care home, and was left clinically extremely vulnerable.

Wanting to continue to serve her local community, she became a member of her town council but was faced with “token” efforts to ensure access and inclusion, with meetings “cramped, poorly ventilated affairs, with no requirements for attendees to stay away if ill”.

Although she was allowed to attend meetings virtually, she was not allowed to table motions or vote unless she was physically present, even if she sat in an empty office in the same building.

She was told that the ban on remote attendance applied nationally, while her local Conservative MP refused to lobby on her behalf.

She eventually stopped taking part in council meetings as the experience was “just too demoralising”, and a waste of her time and limited energy.

She said the discrimination, apathy and lack of compassion she faced added to her sense of “exclusion, isolation and mounting depression”, when all she had wanted was “a way to serve my community within my limitations”.

Although she welcomed the announcement, she said: “The government needs to do far, far more to include disabled people in the conversations that end up deciding so much about our lives.

“The pandemic (still ongoing, if ignored) is creating more disabled people every day, and the last few years have seen us increasingly vilified in the media as burdensome scroungers and fakers.”

She pointed particularly to concerns around messaging on social security and the potential legalisation of assisted suicide.

Reznick said inclusion for disabled people had to be improved “at all levels of local and national government”.

She said: “We want and deserve a voice.

“Hopefully, this move will be the first step of many that will help disabled individuals take their rightful place in society.”

Another to welcome the announcement was Mike Jewkes, Labour’s disability officer for North Warwickshire and Bedworth, who said the current rules were one of the key reasons he did not seek to stand in the last county council elections.

He told DNS: “I felt I couldn’t stand in the county elections as public transport accessibility in rural areas is abysmal and for me it would be a trip of two or three trains or four buses with a mobility scooter to attend.

“I feel that [if hybrid meetings are allowed] not only will this assist in better representation from the disabled community but also will assist parents to be more involved, along with carers and anyone who leads a busy life but wants to add something to their community.”

*Remote meetings are those where everyone attends online; with hybrid meetings, some attend online and others attend in person

Government must reverse Tory policy on adapting to climate change, say disabled activists after court defeat

Disabled activists have called on Labour ministers to reverse the position of the last government on adapting to climate change, following a high court setback.

The high court ruled on Friday that the last government’s climate adaptation plan was lawful.

Doug Paulley, and fellow disabled campaigner Kevin Jordan, had joined with Friends of the Earth to challenge the UK government’s failure to protect people, property and infrastructure from climate change’s foreseeable impacts.

Their lawyers had argued that the current version of the government’s National Adaptation Programme (NAP) breached both the Climate Change Act and the Human Rights Act.

Paulley, Jordan and their lawyers are now considering an appeal against the ruling*.

Paulley had argued that disabled people were disproportionately affected by the impacts of climate change but had been “badly let down” by the last government’s NAP.

He said the Conservative government’s NAP completely failed to address the threats disabled people face from extreme weather, such as flooding and heatwaves, and power cuts during storms.

The legal case also argued that searing summer temperatures significantly impacted him because of long-term health conditions that make him susceptible to over-heating, causing distress and discomfort, and risking serious harm.

Jordan was made homeless shortly before last Christmas, when his house in Hemsby, Norfolk, was demolished after coastal erosion fuelled by rising sea levels and severe storms caused by climate change put it in severe danger of falling into the sea.

Friends of the Earth wants the new Labour government to agree that the NAP is inadequate and to amend it along the lines of recommendations from the statutory Climate Change Committee, the government’s independent climate advisor.

Paulley called on the new government to “ensure they include disabled people and our needs in all policy development from the beginning”.

He told Disability News Service: “Only by involving us and our organisations from the start can our experiences, expertise and needs be properly included.

“Climate change is happening, people are suffering, disabled people are always first against the wall in any crisis or emergency, and we need the government to do what it can to mitigate the impact and protect us as much as possible.”

He pointed to the disproportionate impact on disabled people of natural disasters caused by climate change, such as flooding in Germany in 2021 and Hurricane Katrina in the US.

Paulley, who praised the collaboration between environmentalists, disabled people and lawyers, added: “Climate change is an existential threat to disabled people.”

Jordan said he was “extremely disappointed” by the judgment.

He said: “Without a tougher set of government policies to protect us, more people will face the horror of seeing their homes, lives and livelihoods threatened by the growing impacts of our rapidly changing climate.

“It’s bad enough that communities like mine have already lost so much through the lack of foresight and planning for the foreseeable effects of climate breakdown.

“I don’t want anyone else to endure what we’ve been through. But many undoubtedly will, unless the government strengthens its adaptation plans.”

DEFRA declined to provide a statement on the new government’s position; on whether it would work with disabled people on this and other policies that would impact them; and on why the new government continued to fight the legal case when it appeared to align with Labour’s election manifesto promises.

But DEFRA said it understood that preparing for the future would mean tackling the climate and nature emergencies, but also adapting to the changes they will bring.

It welcomed the court’s judgment that the NAP was lawful but said it was committed to strengthening the approach to climate resilience and would bring forward plans in due course.

*Although they lost the case, the court ruled that the last government had breached the Equality Act’s public sector equality duty, but as it carried out an equality impact assessment after being notified of the legal case – even though this did not lead to a change in policy – it was found to have retrospectively met its legal duties

Regulator’s state of the nation report stays almost silent on safety and quality of adult social care

The care regulator’s annual assessment of “the state of health and care” in England includes almost no discussion of the quality and safety of adult social care services, analysis of the report has revealed.

Large sections of the Care Quality Commission’s State of Care report are devoted to discussion of the quality of care in the NHS, including in mental health services, cancer care, maternity care, dementia care, and services for children.

But there is no analysis or discussion of the safety and quality of a wide sweep of long-term adult social care services, such as home care and residential home provision, other than a small section that praises the work of the minority of “outstanding providers”.

A Care Quality Commission (CQC) press release says the report is supposed to look at “the quality of care over the past year”, but at no point in the 180-page report does CQC discuss the overall quality and safety of adult social care services in England, even though it should have access to that information through its programme of inspections.

Instead, the report’s adult social care section focuses on the number of requests for council support, the number of people waiting for care services, the number of delayed discharges, staff vacancies, recruitment of care staff, and bed occupancy rates in care homes.

In the report’s appendix, there are two tables which provide figures for how adult social care services were rated, but there is no comparison with previous years.

The report does discuss the safety and quality of intermediate care – short-term services usually provided by a mix of health and social care professionals.

And there is a section on “restrictive practice” in services for autistic people and people with learning difficulties, which includes concerns about the inappropriate use of chemical restraint and about “closed cultures” where staff do not speak up about abuse.

The report says that CQC analysis of information provided by care homes found that in settings where more than half of residents were recorded as autistic or having learning difficulties, the incidence of restraint was on average nearly 12 times higher than in care homes where nobody was recorded as being autistic or having learning difficulties.

Earlier this month, a review ordered by the last government found “significant failings” within the CQC.

The review of the effectiveness of the commission found an “urgent need” for a rapid turnaround in the way it operates, with the proportion of health and care settings that had never received a rating rising from 13 per cent to 19 per cent over the last five years.

The State of Care report found that, in 2022-23, the number of new requests for council-funded adult social care support that did not result in a service being provided had increased by 27 per cent since 2017-18.

And it said that people in black or black British ethnic groups were over three-and-a-half times more likely to be detained under the Mental Health Act than people in white ethnic groups.

The report also raised concerns over the increasing number of people who need the protection provided by the Deprivation of Liberty Safeguards (DoLS) system.

The safeguards were introduced nearly 20 years ago and were designed to protect the human rights of adults in care homes and hospitals who do not have the capacity to consent to their care arrangements and need to be deprived of their liberty.

The report says: “Too many people are waiting too long for a DoLS authorisation, while variation in the level of knowledge of staff means that others may not have a DoLS authorisation in place when they need one.

“For many, the current DoLS system is not providing the vital safeguards they need.

“After a decade of chronic and widely documented issues, urgent action is required to ensure the system does not continue to fail people in the future.”

In response to concerns raised by Disability News Service about the report, a CQC spokesperson said: “This year our State of Care report focuses on the urgent issues facing care services for children.

“The report builds upon findings from previous years’ reports of which adult social care was a main focus.

“On adult social care we draw attention to the fragility of the sector, highlighting the delays in local authority support and the impact this can have on care.

“The report includes experiences of those living with and supporting people with dementia, as well as the impact workforce pressures are having on the sector.

“We also highlight significant concerns in the care provided to those with learning disability and autism, emphasising inadequate support, and the need for improved safety and quality of services.

“We continue to closely monitor adult social care services and the level of care being provided.”

The commission said it was working to improve and develop its approach to assessments, and was unable to compare ratings with previous years as they are in a transition period.

 

 

Title of assisted suicide bill is ‘misleading’ and ‘argumentative’, say disabled campaigners

A disabled people’s organisation has called on MPs to try to change the “misleading” and “argumentative” title of a bill that aims to legalise assisted suicide.

Labour MP Kim Leadbeater’s terminally ill adults (end of life) bill is set to be debated by MPs, and voted on, at the end of November.

But Buckinghamshire Disability Service (BuDS) believes the short title of Leadbeater’s private members’ bill does not accurately describe what the legislation would do if passed into law.

Whereas the bill’s short title suggests that the proposed legislation will assist with palliative care and other arrangements for those who are terminally-ill, in fact it would legalise assisted suicide in England and Wales for the first time.

BuDS has written to the speaker of the House of Commons, Sir Lindsay Hoyle, to ask him to intervene in the naming of the bill.

In the letter, BuDS says that parliamentary rules are clear that the title of a bill should not be misleading or “argumentative”.

BuDS says the long title makes it clear that the bill is “concerned solely with providing assistance to terminally ill adults to take their own life”, so the short title is “misleading”.

It also says that the use of a “euphemistic” phrase like “end of life” is “both argumentative and sloganistic”.

BuDS suggests in the letter that a more “factual and straightforward” title for the bill might be the assisted suicide (terminally ill adults) bill.

Disability News Service has been told by the Commons that the “orderliness” of a bill’s title is considered by officials acting under the speaker’s authority before its first reading, but that it can also be debated during the bill’s passage through parliament.

MPs will have the opportunity to table an amendment to change the title of the bill at its second reading on Friday 29 November.

BuDS has also written to Leadbeater to ask her to withdraw the bill so the issue of legalisation can be considered in depth by a Royal Commission or a select committee inquiry.

Andrew Clark, chair of BuDS, said: “As a large network of disabled people, we continue to strongly feel that a private members’ bill is not an appropriate way to deal with such an important issue as assisted suicide.

“We have written to Kim Leadbeater MP asking her to withdraw her bill so that the issue of assisted suicide can be considered by Royal Commission or similar.

“Government legislation could then be brought forward to implement the commission’s recommendations, should it be necessary.

“However, if the lobby in favour of assisted suicide is determined to try to rush the legislation through in the form of a private members’ bill, we do think that the bill should at least be honest about its content.

“The long title of the bill (already published) makes it clear that it is not about general end of life issues.

“On the contrary, it deals only with assisting terminally ill adults to end their life.

“That is ‘assisted suicide’, and the bill should be called an assisted suicide bill.”

Leadbeater had not responded to a request for a comment by noon today (Thursday).

Meanwhile, opposition to the bill among MPs – or at least to plans by its supporters to rush it through parliament – appears to be growing.

The Guardian reported this week that there was anger among new Labour MPs “about the speed of the bill” and “a strong feeling that the vote should not take place until the government can show significant improvements to the state of the NHS”.

Among senior figures in the government who have raised concerns about the bill and plan to vote against it are health secretary Wes Streeting and justice secretary Shabana Mahmood, both of whom would have key responsibilities for implementing any new law.

The Guardian also reported that work and pensions secretary Liz Kendall and culture secretary Lisa Nandy are both in favour of the bill.

This week, Streeting told BBC Breakfast (watch from one hour 40 minutes) that it was “an incredibly difficult and complicated issue” and a “finely-balanced judgement”.

He said: “We are all wrestling with this across the political divide.

“I’ve made it clear that I’ll be voting against… that’s mainly because I don’t think that palliative care/end of life care is where it needs to be to give people a real choice.

“I am concerned about the risk of people being coerced into taking their lives sooner than they would have liked, or feeling – even without pressure from their families – sometimes guilt-tripped, feeling like a burden, and I’ve had to weigh up all of those issues.”

 

 

Other disability-related stories covered by mainstream media this week

The earnings limit placed on people who claim government support for taking care of disabled, sick and elderly loved ones will rise by £45 a week, the chancellor has announced, after a six-month Guardian investigation into the carer’s allowance scandal. The changes will enable full-time unpaid carers who provide care for at least 35 hours a week to earn up to £196 a week from next April without forfeiting carer’s allowance benefit, currently £81.90 a week: https://www.theguardian.com/society/2024/oct/30/carers-earnings-limit-to-rise-by-45-a-week-in-wake-of-allowance-scandal

A woman whose nine-year-old daughter became the first person in the UK to have air pollution recognised as a factor in her death has settled legal action against the government for an undisclosed amount. Rosamund Adoo-Kissi-Debrah’s daughter Ella had a fatal asthma attack in 2013. In 2020, Southwark Coroner’s Court found air pollution “made a material contribution” to Ella’s death: https://www.bbc.co.uk/news/articles/c5yx6leg4nqo

 

News provided by John Pring at www.disabilitynewsservice.com

Oct 302024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

 

Independent Age, a national charity that supports older people in poverty, are coordinating a campaign where community groups across the country hand in the testimonies of people struggling with water bills to their local water company. Water companies are intending to raise prices significantly over the next five years, and Independent Age have heard from many older people who are very concerned. They’ve heard from lots of disabled older people in particular who have high essential water use who were very concerned about potential price rises and who were not getting support from their water company.

Independent Age are coordinating this campaign to put pressure on water companies to do more to support all customers who are struggling with high bills. The hand-in will take place on 19 November at a time that suits you, and the location would be at the head office of your local water company. Independent Age will provide all the resources and can cover any travel costs. If your group would like to be involved, please contact chris.mcfarlane@independentage.org.

Oct 302024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

⚠️TW⚠️ Assisted Dying

Read this post from Not Dead Yet UK on seven things you can do to help oppose the assisted dying bill

https://ndyuk.blogspot.com/2024/10/what-you-can-do-to-oppose-assisted.html?m=1

Click on the link above for more detail. Ways to support this campaign include:

Write to your MP

Make a video to share on social media

Watch Liz Carr’s documentary ‘Better Off Dead?’ https://www.bbc.co.uk/programmes/m001z8wc

Save the 29th November in your diary – this is the date of the 2nd reading of the Terminally Ill Adults (End of Life) Bill

 

Oct 272024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

FROM: Disabled People Against Cuts, UK DDPO CRDP Monitoring Coalition, PCS union and others

Dear Rt Hon Liz Kendall MP, Secretary of State for Work and Pensions

cc Rt Hon Rachel Reeves MP, Chancellor of the Exchequer

We are writing in response to contradictory media reports about whether the measures to tighten the Work and Capability Assessment (WCA) changes announced by the previous government in November 2023 will or will not be going ahead.

The consequences of these measures will be devastating for the Disabled people affected. 

They will also add to already unreasonable workloads and working conditions for frontline DWP staff.

In March 2024, the United Nations Committee on the Rights of Disabled People condemned further planned cuts to social security for Disabled people.

According to the Office for Budget Responsibility, the proposed changed to the WCA will have affected more than 450,000 new Disabled claimants by 2028-29. Many of these will lose hundreds of pounds a month with only around 15,400 able to escape into paid work.

It is clear that these measures will do nothing to address current labour shortages. 

They will however increase levels of entrenched deprivation.

Poverty rose dramatically among Disabled people even before the cost-of-living crisis, as evidenced by DWP figures published in January 2024. 58% of all poverty in the UK was linked to disability in 2021-2022. 

The planned changes will also unquestionably lead to more benefit deaths, a characteristic of the UK social security system which is the subject of an ongoing inquiry by the Equality and Human Rights Commission.

163,000 of those affected by the changes will be people in the “substantial risk” group. 

These are not people with “mild” mental health conditions, as portrayed in sections of the media. 

These are people at substantial risk of harm if coerced into looking for work. They include victims of child and sexual abuse and those carrying severe trauma.

Under the proposals, this group will lose income but not be expected to engage in mandatory work search activity.

However, expectations on this group to engage with job centres will increase. 

This is entirely inappropriate; it takes years of specialist training for counsellors and therapists to learn how to engage safely with this group of people which work coaches do not have. The new measures will unquestionably cause additional incidences of self-injury and attempted suicide among claimants while contributing to the mental health and recruitment crises among DWP staff.

The social security system has become dominated by a climate of hostility, anxiety and fear. It moves claimants further from employment while turning the role of the work coach from helping to dehumanising.

Tightening the WCA will produce some short-term savings, although savings will be off-set by increased numbers of benefit appeals. 

It will also have long-term cost implications through increased pressures on the NHS, on social care and mental health services and on Access to Work as well as through creating additional poverty among Disabled people and their families.  Joseph Rowntree Foundation has found that dealing with the effects of poverty already costs the UK £78bn a year.

We can find no justification for the proposed measures.

Analysis shows that rates of out of work disability claimants have remained broadly stable over the past decade. 

Projections that they are set to rise indicate rising disability prevalence, within which falling living standards across the UK are a major factor. 

Intensification of labour and worsening employment conditions pushing Disabled people out of the workforce are additional factors, as is the inadequacy of current benefit payment levels which means that more of those who are unemployed and Disabled need to apply for additional components to top up their standard Universal Credit allowance.  

Instead of pandering to populist narratives that deny disability and demonise Disabled claimants, we urge the government to:

  • stop all further planned cuts to disability benefits 
  • engage in evidence-based, trauma-informed social security policy development co-produced with Deaf and Disabled People’s Organisations, PCS union and the trade union movement
  • fulfil all recommendations of the UN special inquiry under the Convention on the Rights of Disabled People 

Signed 

Linda Burnip, co-founder, Disabled People Against Cuts [DPAC]

The Right Honourable John McDonnell MP for Hayes and Harlington

Martin Cavanaugh, President, PCS Union

Liz Carr, actor-activist

Sarah Hughes, Chief Executive Officer, MIND

Sarah Woolley, General Secretary, Bakers Food and Allied Workers Union (BFAWU)

Andy Mitchell, Cut Sanctions Not Incomes Campaign, Unite the Union

Kamran Mallick, Chief Executive Officer Disability Rights UK

Megan Thomas, UK DDPO CRPD Monitoring Coalition

Rhian Davies, Chief Executive, Disability Wales

Dorothy Gould, Founder and Coordinator, Liberation

John McArdle, Co-Founder, Black Triangle Campaign in Defence of Disability Rights

Angela Grant, DWP Group President, PCS Union

Lee Starr-Elliott, Founder Deaf DPAC, CWU Union

Paula Peters, Co-founder Bromley and Croydon DPAC and Chair of London and Eastern Unite Community Campaign Forum

Caroline Collier, Chief Executive Officer, Inclusion Barnet

Sally Callow, Managing Director, Stripy Lightbulb CIC

Sabine Goodwin, Director, Independent Food Aid Network

Dermot Devlin, Co-Founder, DPAC NI

Equity Trade Union

Disability Law Service

Transport for All

Interpreters of Colour Network

National User Survivor Network

Kidney Care UK

Advice UK

 

Oct 272024
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net
Write to your MP

Email your MP to ask if they’ve read it

https://www.writetothem.com

DRUK

Disabled Activists Deliver Book Exposing Deaths At Hands of DWP To Every Member of Parliament

https://www.disabilityrightsuk.org/news/disabled-activists-deliver-book-exposing-deaths-hands-dwp-every-member-parliament

Disabled Activists Host Sit-In Outside Parliament After They Were Refused Entry To Meet With MPs

https://www.disabilityrightsuk.org/news/disabled-activists-host-sit-outside-parliament-after-they-were-refused-entry-meet-mps

Guardian

Labour MPs to be given book about the ‘enormous suffering’ caused by Tory welfare reform

https://www.theguardian.com/books/article/2024/aug/02/labour-mps-to-be-given-book-about-the-enormous-suffering-caused-by-tory-welfare-reform-the-department-john-pring

DNS

Crowdfunder will pay for 400 books to educate every Labour MP on decades of DWP violence

https://www.disabilitynewsservice.com/crowdfunder-will-pay-for-400-books-to-educate-every-labour-mp-on-decades-of-dwp-violence/

Crowdfunder’s final push could see book on ‘violent’ DWP sent to politicians across the country

https://www.disabilitynewsservice.com/crowdfunders-final-push-could-see-book-on-violent-dwp-sent-to-politicians-across-the-country/

Commons confirms MPs received DWP ‘violence’ book, as Reeves warns of ‘difficult’ decisions on ‘welfare’

https://www.disabilitynewsservice.com/commons-confirms-mps-received-dwp-violence-book-as-reeves-warns-of-difficult-decisions-on-welfare/

Big Issue

 
DWP says there’s ‘more learning to do’ as every MP given book on deaths of disabled benefit claimants
https://www.bigissue.com/news/activism/dwp-benefits-disabled-people-mps-book-the-department/

‘I’m going to die and I’m still not sick enough for PIP’: The reality of DWP disability benefits system

https://www.bigissue.com/news/social-justice/dwp-disability-benefits-pip-claim-james-oliver/

The Canary

Disabled people stage SIT-IN at parliament as security BLOCK delivery of DWP exposé ‘The Department’

https://www.thecanary.co/trending/2024/09/02/dwp-protest-parliament/

Morning Star

Disabled activists to deliver a book for every MP on austerity’s impact on their community

https://morningstaronline.co.uk/article/disabled-activists-deliver-book-every-mp-austeritys-impact-their-community

Socialist Worker

The state’s benefit ‘negligence’ causes deaths, misery and fear

https://socialistworker.co.uk/background-check/the-states-benefit-negligence-causes-deaths-misery-and-fear/

ITV News

Mum of woman who took own life after benefits stopped ‘wants answers’ from government

https://www.itv.com/news/tyne-tees/2024-09-02/mum-of-woman-who-took-own-life-after-benefits-stopped-wants-answers

https://youtu.be/WumAE33JRak

Podcasts

 
Radicals in Conversation
The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence
 
Reviews