May 082012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Starting Thursday 31st May, Manchester Against Benefit Cuts, alongside Manchester Coalition Against Cuts and others, will be supporting a week of action against Atos and their Tory friends. We hope to coordinate this with as many groups as possible, and make the week as big a success as we can. We will also be attempting to coordinate action with trade unionists in both Britain and France. If you are interested in getting involved, we will be having an open planning meeting next week , and will be meeting at the Manchester May Day march (see below for details). We hope to get as many people and groups behind this, and encourage everyone who wants to get involved to do so.

Solidarity.

WEEK OF ACTION AGAINST ATOS

MAY DAY MEET UP
MONDAY 7TH MAY
ASSEMBLE 11AM, BEXLEY SQ, SALFORD
We will be marching behind the Manchester Against Benefit Cuts banner and leafleting for the week of action.

OPEN PLANNING MEETING
TUESDAY 8TH MAY
MEET 6PM, NUJ OFFICES, MANCHESTER
Opposite Chorlton St Coach Station
This will be directly before the Manchester Coalition Against Cuts meeting, so people can stay on for that if they want.

PROTEST AGAINST ATOS!
THURSDAY 31ST MAY
ASSEMBLE 12PM, ALBERT SQ, MANCHESTER
After meeting at the Town Hall, we will march down to the Atos offices on Bridge Street.

PUBLIC MEETING – STOP ATOS!
WEDNESDAY 6TH JUNE,
7PM, FRIENDS MEETING HOUSE

DAY OF ACTION AND CAMPAIGN STALL
SATURDAY 9TH JUNE
MEET 11AM, VENUE TBC

 

May 012012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Self advocates across the UK have been left saddened and stunned by the untimely loss of Peter Lewis, disability campaigner and founder member of Cardiff People First, in the early hours of Saturday 28th April. Peter’s strength of character and positive personality will be remembered by everyone who had the pleasure of meeting him.

Cardiff People First has made the following statement about Peter, their friend and colleague:

“Peter Lewis was a much loved member and Trustee of Cardiff People First. He was a founding member and with us for 20 years.

He was passionate about disability rights and campaigning for equality and justice. He was a great public speaker, an ambassador. He was very well organised and took his role seriously.

He was well known across Wales for his motto: ‘Disability is not inability’. Something we believe in strongly at Cardiff People First.

He had a brilliant mind, and was well known for his jokes. He had a great sense of humour and loved making people smile. A true performer.

Peter was kind, warm, and reflective, a charming man, with a twinkle in his eye. He was a larger than life, unique, and positive personality. He was proud of his independence. He loved life and he loved people.

He is, was, and will always be an inspiration to us all.

He touched so many lives and we will all deeply miss him.

Peter used to say to us: ‘Never look at the negative because you never see the whole picture. Always look at the positive.’ Something we need today more than ever.”

https://www.facebook.com/pages/Cardiff-People-First/66748461493

https://www.cardiffpeoplefirst.org.uk/

https://www.bbc.co.uk/news/uk-wales-17901771

https://yourcardiff.walesonline.co.uk/2012/04/30/roath-murder-victim-named-as-peter-lewis-68/

https://www.guardian.co.uk/uk/2012/apr/30/roath-murder-family-tribute-peter-lewis

 Posted by at 20:52
Apr 302012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Please find below a letter written by Inclusion London, DPAC and allies to publically state our support for the Remploy workers in their opposition to the government’s decision to make them unemployed. If you would like to add your name or the name of your organisation to the letter please reply to ellenrclifford@btinternet.com.

 

30 April 2012

We believe the government’s decision to make 1,518 disabled workers unemployed by August, and a further 1,282 unemployed next year, by closing the Remploy factories is wrong. We do not believe these job losses constitute a victory for inclusion in the workplace.

We have fought long and hard for an inclusive society where disabled people have the same employment chances, choices, and opportunities as everyone else. Our goal and demand for inclusive employment must not be used to justify job cuts that will push these workers into poverty, exclusion, and isolation.

This decision will effectively put these disabled workers on the scrapheap at a time of recession when there is little to no hope of finding alternative employment, when eligibility for benefits is being slashed, and when support services for disabled people are being destroyed. Of the Remploy workers made redundant through the first round of factory closures in 2008 only 6% went on to find alternative employment.

Disabled people face systemic discrimination in the workplace even when the economy is at its strongest. In the current recession in areas where Remploy factories are located there are now on average 30 to 40 people chasing every job. The stark reality is that these disabled workers currently have little chance of finding alternative work, at a time when we are hearing about increasing numbers of disabled people who are taking their own lives in despair after loss of benefits.

The government argues that the factories are inefficient and unsustainable. They fail to mention the top-heavy non-disabled Remploy board and senior management strata; or the £1.8 million handed out in bonuses to Remploy bosses last year which could have been reinvested in the business. Remploy workers have been let down by non-disabled management who have run down their factories to ease the way for the closures.

The government says it is committed to inclusion and equality for disabled people but the facts suggest otherwise.  Its disregard for inclusion is evident from its education policy which promotes a return to segregated education. Its welfare policy represents an unprecedented and savage attack on disability equality that will make it more difficult for disabled people to contribute to society.

Disabled people are predicted to lose at the very least £9 billion in benefit entitlements over this Parliament. The Department for Work and Pensions’ own statistics put disability benefit fraud at no more than 0.5%. Proposals for reform of Disability Living Allowance will see 500,000 disabled people losing an essential benefit.  57% of disabled people in waged work on DLA have said in this situation they would be forced to give up work.

Likewise, the Access to Work programme for support for disabled people in mainstream employment has been shown to more than cover its costs in revenue gained by tax, paid by disabled people now in work, who couldn’t remain in their jobs without this support. Yet the reality is that disabled workers’ jobs are being threatened by Access to Work support being cut and restricted.

We reject the view that the way to respond to discrimination and exclusion in the workplace is through segregated employment, but we also reject the view that if we are against segregation we must go along with these job cuts and closures. We say no to any cuts that will push even more disabled people into poverty and isolation.

Equality and inclusion for disabled people will be achieved through commitment and investment in tackling discrimination in the workplace, and wider society, and by investing in the provision of support that enables disabled people to gain choice, control, and independence in our lives.

We the undersigned call for true equality and inclusion through:

  • The development of a plan of investment and support to transform the Remploy factories into viable social enterprises controlled by disabled employees rather than their closure.
  • Investment to increase and expand the Access to Work scheme so that it genuinely meets the needs of both disabled volunteers and workers. This extra funding must not come from the cuts to Remploy jobs.
  • Investment in high-quality employment support services that enable disabled people to find employment and stay in employment—not the free labour workfare schemes currently provided.
  • The right to inclusive education and accessible training and apprenticeships for all disabled people that will increase our chances of gaining and retaining meaningful employment.
  • Commitment to tackle discrimination in the workplace through better understanding and enforcement of Equality Act duties.

 

 

 

 Posted by at 22:33
Apr 232012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Jenny Morris is known for pushing forward disability equality and the right to independent living through her work as an independent policy analyst and disability researcher over many years. She advised the government on the Improving Life Chances of Disabled People Report (2005) and the Independent Living Strategic Review. Jenny is now retired and describes herself as now mainly spending her time gardening. She also writes a blog on current disability issues and authored the paper ‘Rethinking Disability Policy’ published by the Joseph Rowntree Foundation on November 2011 which challenges the disability movement to rethink our approaches and engage in wider economic and social debates in order to address the serious threat to disability rights we are currently facing.

Jenny, on your blog profile you have written “I used to spend my time using research and evidence to influence disability policy. I stopped doing that the week before the 2010 general election”. Was the timing co-incidence or by design?

The timing was by design but had both political and personal motivations.  I was working with the Office for Disability Issues, on the Right to Control, and I didn’t relish the thought of what would happen when Labour lost the election.  But mainly it was because I was going to be 60 a few months after the election and I wasn’t well.  I was in fact diagnosed with cancer a couple of months after I stopped work – so it was a good thing that I had stopped.  My blog is just a way of having a ‘rant in retirement’ and I am certainly spending more time gardening than anything else – because that’s what makes me happiest.

 

What in your view does the passage of the Welfare Reform Bill mean for disabled people?

 The Welfare Reform Bill is a disaster for disabled people.  It ratchets up still further the message – conveyed also by the previous Labour government – that people who can’t sell their labour are to be divided into the ‘deserving’ and the ‘undeserving’ and disabled people into the ‘vulnerable’ and those who aren’t ‘really disabled’.  Things are particularly bad for people with impairments or illnesses which are not visible (such as mental illness) or not easily measured (particularly those accompanied by incapacitating levels of pain).  The Work Capability Assessment is based on assumptions that people’s own accounts of the restrictions they experience are not to be trusted and that the main barrier to getting employment is lack of ‘motivation’ and ‘welfare dependency’.  Conditionality and sanctions are based on the assumption that these are needed to ‘motivate’ people, when in fact the barriers to employment are primarily discrimination, lack of support and adjustments, and – most importantly – a lack of jobs. The whole system is predicated on the idea that the problem is the individual who needs to be ‘fixed’ rather than a dysfunctional economy and widespread discrimination.

 

You have written about the need for the welfare state to uphold disabled people’s rights. How do you think the campaign for choice and control over our own lives has undermined the welfare state and how can we redress this?

The independent living movement was clear that ‘independence’ means having choice and control over the support needed to go about your daily life – a defining part of autonomy and self-determination.  At the same time, we were clear that the provision of support required adequate levels of funding, funding which could only come from redistribution of resources through taxation.  However, direct payments were supported by the Conservative government in the mid-1990s because they fitted in with the idea of a minimalist state, with purchasing power being the route to a good quality of life, and with a reduction in services delivered by public bodies.  It’s no accident that the local authorities that were the slowest to adopt direct payments were those where Labour councillors and trade unions were concerned to protect the jobs of homecare workers, and who saw direct payments as a form of privatisation.    

 It’s undoubtedly true that the development of direct payments and now individual/personal budgets is part and parcel of the marketisation of support services – as is the current piloting of personal health budgets.  But this doesn’t mean we should abandon the idea of choice and control rather that we have to, at the same time, be clear that having choice and control also depends on the level of resources available and that we have to therefore argue for a level of funding, and the kind of welfare state, which creates a level playing field for disabled people.

 However, as I said in my JRF Viewpoint, in order to make the case for this we have to move beyond a focus on disability policy and address the dysfunctional ways in which our economy is currently configured and what kind of taxation system would support a strong welfare state.  We also need to promote democratically accountable ways of developing and delivering benefits and services.

 

You were involved in writing the 2005 Government report, ‘ Improving the Life Chances of Disabled People’ while working for the Prime Minister’s Strategy Unit which aimed at achieving full equality for disabled people. Any regrets?

 No I don’t have any regrets about my involvement with the Life Chances report – though of course it didn’t go far enough and a lot of the progress which was made is now being rolled back.  However, it was the first time the government formally adopted the social model of disability and the chapter on independent living set out some important principles and commitments – even if they didn’t go as far as I would have liked.  The report prompted the setting up the Office for Disability Issues, which has a remit to ‘champion equality for disabled people’ across government.  It also prompted the Life Opportunities Survey, a longitudinal survey which will be used to measure progress towards full citizenship for disabled people.  And it resulted in the Independent Living Strategy published in 2008, which I also worked on, and which was followed by the Right to Control.  As with the Life Chances report, the ILS established some commitments which might prove useful to the disability movement – for example a commitment to review the need for legislation on a right to independent living if significant progress has not been made by 2013.

 

What threat does the closure of the Independent Living Fund present for disabled people?

The closure of the ILF means that people who previously could have hoped to have the type and level of support they need to have the kind of life non-disabled people take for granted, will no longer have this.  It’s highly unlikely that local authorities will make up the shortfall.  It’s true that the ILF was an anachronism – in that it was a national system which met needs which were otherwise, for people with lower levels of need, met through locally funded social services.  When we were working on Life Chances, we tried imagining a system which would deliver independent living and it became obvious that the ILF was closer to doing that than the current set-up with local social services.  The closure of the ILF is therefore not only a disaster for those individuals who won’t now get access to it, it’s also a significant step backwards in terms of developing a funding system which could really deliver choice and control for disabled people.

 

You have shown how government has misappropriated the language of disabled people’s rights to push through their own measures. I cannot count how many times I have heard Maria Miller (mis-) spouting the social model of disability in speeches recently. Is it a deliberate subversion of the social model and the radical societal change it calls for or an opportunistic exploitation of popular ideology?

It’s both isn’t it?  This government has colonised our language to promote their policy that paid work is the only route to being a full citizen.  Like many, I find politicians’ use of social model language deeply offensive. Our identification of disabling barriers and campaigns against discrimination have been distorted by a government which is primarily motivated by a desire to cut public expenditure and to bring about a fundamental reduction in the welfare state. When disabled people said that they wanted the right to work, we meant that we wanted the right not to be discriminated against and to the support and adjustments required to make employment possible.  We didn’t mean that we wanted a society where it’s literally survival of the fittest, where people’s accounts of the restrictions they face are assumed to be at best exaggerated and at worst downright lies.

 

You worked with government for many years. What are the key challenges for disabled people in the years ahead and how do you think we can best protect our rights against this current onslaught?

As with all engagement with government policy, it’s often a case of inching forward in terms of making progress and sometimes that progress is then rolled back.  I think it’s important that we remain clear that tackling disabling barriers and promoting choice and control are the key things to equal citizenship for disabled people.  And that people with impairments and/or long-term health problems have additional support needs which have to be met in order to access their human and civil rights.  I also think we shouldn’t be colluding in the identification of who is ‘vulnerable’ and therefore deserving of state support (in the form of benefits and services). The concept of vulnerability is part of the ideology which says that only those who are most ‘dependent’ have a legitimate claim on public resources. It undermines the idea that ‘independence’ is about having choice and control over the support you need to go about your daily life, and instead promotes the idea that to be ‘independent’ you have to not rely on the state or other people for support.

I do remember someone saying, during the campaigns for anti-discrimination legislation 30 years ago, that we should be careful what we wished for – that disabled people might experience a backlash.  The argument was that, although disabled people experienced discrimination and segregation they also experienced generally ‘benevolent’ attitudes and that, if disability was seen as a rights issue, people might take a less ‘caring’ attitude towards us. While I think that was a spurious argument (as spurious as when we were told that feminists should wait until the revolution before expecting gender equality!), I do think that our success in defining disability as a human and civil rights issue has at the same time lifted the lid off the prejudice that is very deeply embedded in social attitudes towards impairment and difference.  But it’s really important we don’t respond to the current situation by emphasising how ‘vulnerable’ disabled people are, but instead keep putting the case for disability to be seen as a human and civil rights issue – and continue campaigning for the kind of society which promotes the human and civil rights of all its citizens.

My point about needing to move out of just focussing on disability policy and instead also address wider issues relating to the economy and the welfare state, means that the disability movement needs to engage with and build alliances with other campaigns and groups.  Unfortunately, many other politically active people, and writers and academics, do not understand the social model of disability and its implications.  And yet I think our analysis, experiences and struggles are so relevant to other issues of inequality and injustice.  While things seem very bleak at the moment, this is largely because of the current economic crisis – and the one thing this illustrates is that the way our economy, and the global economy, is currently configured is unsustainable.  Disabled people were not part of the decision-making processes which went into developing our current welfare state; we need to ensure we are at the heart of the development of progressive alternatives to the current crisis.  That is the only way that we will ever have a society which protects and promotes our human and civil rights.

Rethinking Disability Policy by Jenny Morris: https://www.jrf.org.uk/sites/files/jrf/disability-policy-equality-summary.pdf

Follow Jenny’s blog: https://jennymorrisnet.blogspot.co.uk/

 

 Posted by at 15:51
Apr 222012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

At a meeting called by DPAC on 19th April 2012 to discuss the issues for the disabled people’s movement in opposing the closure of Remploy factories, Tracey Lazard, Chief Executive of Inclusion London, London’s leading Deaf and Disabled People’s Organisation, called on disabled people to unite in opposing the government’s cynical decision to snatch employment from thousands of disabled workers.

Over 30 disabled people and allies attended the meeting held at the University of London Union to build support from the disability people’s community for the national Remploy demonstration which took place on 20th April and the meeting called by Unite for 26th April. The meeting represented the first time the disabled people’s movement has openly discussed the complex and controversial issues which the Remploy dispute touches on and which have led to the stigma which still largely surrounds support for the Remploy workers from within the movement. However, whilst some disabled people are publically quoted as celebrating the closures as a victory for disability equality, DPAC has criticised the closures and the lack of any form of worker/user- led alternative which was proposed in the Sayce report.

Lazard explained Inclusion London’s position in opposing the factory closures and how this is in no way an endorsement of segregated employment. At a time of recession when non-disabled people cannot find jobs and when benefit cuts are pushing genuine disabled claimants off benefits and into poverty, it is irresponsible to remove meaningful employment from thousands of disabled people. The Sayce Report recommended investing money saved from the factory closures in Access to Work, the government programme that funds support for disabled people in mainstream employment, but with continuing cuts and restrictions to Access to Work, it is evident that the closures have nothing to do with building an inclusive society and are nothing more than yet another a cynical attempt to save money by targeting the most disadvantaged members of the community. Rob Murthwaite, DPAC national steering committee, spoke out about the need to nail the lie that this dispute is about disabled people’s equality.

There was debate around the need for segregated workplaces and also about the best way to effectively support the Remploy workers in their dispute. There was unanimous agreement that the Remploy workers have been mismanaged by non-disabled people with senior managers taking home 1.8 million in bonuses in 2011 while the factory floor were under a pay restraint. There was a strong feeling that government should have invested in reforming the factories according to user led models so that the expertise of the workers could be utilised in establishing viable, sustainable enterprises. Questions were raised about figures given out by the government purportedly showing the unsustainability of the factories. There was also consensus that on the core disabled people’s principle of nothing about us without us, the movement needs to listen and respect the voices of the workers. Those voices say no to factory closures so we need to respect that and support the workers in their self-determined struggle.

John McDonnell MP spoke about the grim prospects for the thousands of disabled Remploy workers set to lose their jobs. In areas with Remploy factories the ratio of people chasing each job is 30-40: 1 which is far higher than average. After losing their income from employment the workers will face serious difficulty in obtaining enough income to survive from welfare benefits as the system is ever tightened and the government moves ahead with proposals to replace DLA with PIP and in so doing remove 20% of claimants. He spoke about work he is involved in joint with PCS to document cases where coroners have directly linked deaths to the loss of benefits.

The meeting agreed actions in support for the Remploy workers to include a letter from DPAC and Deaf and Disabled People’s Organisations to the press opposing the factory closures, support for the meeting called by Unite on 26th April and participation in the demonstration on 20th April.

 

SAVE REMPLOY – PUBLIC MEETING THURSDAY 26TH APRIL 6.30 – 8.30 PM AT FARADAY HOUSE 48-51 Old Gloucester Street London , WC1N 3AE (Opposite Unite’s Holborn Office car park)

 

Tracey Lazard’s presentation:Remploy presentation – IL

Apr 222012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

It’s vital funding which we need to help thousands of people with their benefit appeals

DPAC wants to thank Nick @Mylegalforum once more for letting us post this to DPAC

What we need people to do is contact their local or representative peer in the House of Lords by Monday April 23rd when the legal aid (LASPO) bill goes back to the House of Lords. It’s also worth contacting your MP as they can speak with Peers.

The best links we can find are here..

https://www.writetothem.com/lords

https://www.parliament.uk/get-involved/contact-a-lord/lord/

It’s really easy via the ‘write to them’ link, just enter in your area (Town or County) and it will locate you a ‘peer’ in the House of Lords.

We need as many Peers as possible to be contacted by Monday. Don’t worry too much about the legal aid bill not being their specialist area or which political party they represent (some ‘cross bench’ peers belong to no particular party).

The aim is to contact them to show how much it matters to you.

The site helps you draft your email (you could use my template in next post) or you can write your own. When its ready just copy (by pressing ‘CTRL’ and ‘C’ on your keyboard) then paste into the dialogue box on the ‘write to them’ site’ (by pressing ‘CTRL’ and ‘V’).

You can find out the full list of peers who voted ‘yes’ or ‘no’ via the links here (it was then listed as amendment 11)

https://mylegal.proboards.com/index.cgi?board=frontline&action=display&thread=601

If you need convincing that welfare benefit specialists don’t just fill in forms read this..

https://mylegal.proboards.com/index.cgi?a….read=649&page=1

Here’s how people end up winning their benefit appeals with legal aid

https://mylegal.proboards.com/index.cgi?board=frontline&action=display&thread=558

It’s very easy!
& very important, here’s why…

For the last 12 years many CAB and law centres have been funded by legal aid and some are very reliant on it because they specialise in areas of law like welfare benefits. The Government has voted to axe this funding which means around 135,000 people per year will no longer be able to get specialist help from paid professionals who win around 75% of their cases. For each case their organisation gets paid a fixed fee of just 150 regardless of how long it takes to complete.

The Tribunals judiciary has predicted that the welfare reforms will result in over 2.5 million people appealing for their benefits between 2010 and 2015; the current figures are seeing a huge increase in appeals – the highest ever. Many people do not realise how vital this funding is to people, especially the disabled. Government has chosen to make savings of 16 million at a time when the need of this help could not be greater, they expect people to fight their cases on their own without help. The Lords have already voted heavily to keep this funding but government says no, they have asked the Lords’ to agree with them – you could make all the difference by persuading them to say ‘NO’.
Read more: https://mylegal.proboards.com/index.cgi?action=display&board=frontline&thread=654&page=1#1530#ixzz1smPFP5sQ

 

Apr 182012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

 

Starting at Leicester Sq

 

Disabled people came from different parts of the country and assembled at Leicester Square and moved off towards Trafalgar Square. It started raining intermittently. Police accompanied us and were not happy that we were on the road. They tried to get information and we heard them asking what were our plans but none of us spoke to them.

Arriving at Trafalgar Square, 2 groups of wheelchair users split up and block up two junctions. Police tried to get us off the street while activists chanted and voiced their protests.

 
In the pouring rain the activists stayed put inspite of the police trying to move us on and the drummers kept spirits up while we chatted and handed out post cards to passer bys.

drummers

the Scottish contingent

Time went by very quicky and we decided to finish at 4pm and ended then. Thank you everybody for making it such a success! Rights not Charity!

More photos at https://www.flickr.com/photos/disabledpeopleprotest/sets/72157629847654023/with/6945227156/

https://www.demotix.com/news/1162942/disabled-people-against-cuts-demonstration-held-london

More news from the Guardian https://www.guardian.co.uk/society/2012/apr/18/disability-benefits-cuts-protest-trafalgar-square?CMP=twt_gu

from Harpy Marx https://harpymarx.wordpress.com/2012/04/18/todays-block-the-road/

from Johny Void https://johnnyvoid.wordpress.com/2012/04/18/disabled-protesters-bring-traffic-chaos-to-central-london/

DPAC is on twitter : @dis_ppl_protest

and on Face Book under :DPAC

Apr 152012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

with many thanks to nick @Mylegalforum for letting us repost see Mylegalforum for more

Here’s how Clarke’s proposals will affect many lives if the Government gets its way this Tuesday – you can kiss goodbye to legal aid for all this..

Clarke is opposing…

(1) A clearer definition of his functions (1)

(2) Access to legal services for domestic violence victims (2)

(3) A better definition of the distinction between him and his director of legal services, but he is putting forward a counter proposal for individual cases which he proposes imposes ‘independence’ (3 & 4 replaced)

(4) Any legal help for welfare benefit work up to first – tier tribunal level (168)

(5) Has made a concession on welfare benefits in the upper tribunal & higher courts which needs to be treated with some degree of caution until its full legal effect is known (169 & 240)

(6) Experts report in clinical negligence cases (170)

(7) Face to face advice – he wants the telephone gateway (24)

(8) Exceptions in respiratory /industrial disease or illness cases (31)

(9) Exceptions in Industrial disease cases where breach of duty by employer (32)

(10) Access to a legal services for a wider number of children (171)

(11) Access to legal services in clinical negligence cases in instances which took place when the victim was a child (172)

Nor is he giving much on domestic violence provisions with the additional opposition of amendments 192 to 196 (excluding 195)

In summary – he’s gone against the Lords on almost everything with some tinkering to suit his government’s aims & a meaningless concession on Upper Tribunal & higher court work in welfare benefit cases which is unlikely to benefit advice agencies given the low number of cases when the bigger problem they face is helping clients with the tsunami of benefits appeals at First Tier level – set to increase to 644,000 appeals per year according to the Tribunal judiciary!

Contact your MP – there are many links to different ways of doing so on the internet. We’ve put one here…

https://mylegal.proboards.com/index.cgi?a….643&page=1#1503

YOU NEED TO ACT TODAY – TIME IS NOT ON OUR SIDE!

Read more: https://mylegal.proboards.com/index.cgi?action=display&board=frontline&thread=646&page=1#1513#ixzz1s8s0SPOI

 

Apr 152012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Guest Blog by Frances Trevena a member of Young Legal Aid Lawyers.

It is common knowledge that Government plans to reduce the costs of public services are having a severe impact across society. This austerity plan is having a disproportionate impact on disabled people. It affects benefits, services provided both centrally and from Local Authorities and even basic community amenities that disabled people rely on. It is also affecting access to justice across a range of legal areas.

When you might need Legal Aid

 The effect on access to justice will be particularly profound for disabled people. It may seem that it will not affect the vast majority of people, yet legal advisors in solicitors’ firms, citizens advice bureaux and law centres offer assistance to huge numbers of people who have lost out on benefits – including those who are wrongly assessed as able to work. They also help those who have problems at work, with their families or their homes. But this help is under threat if the Government gets its way on a law about to go before MPs. The Legal Aid, Sentencing and Punishment of Offenders Bill (also known as the Legal Aid Bill) sets out Government plans to cut free advice for many types of legal problems.

Physically limiting access

People can currently access legal help in a variety of ways including visiting solicitors’ offices, telephoning a helpline or being referred by advice agencies to specialist services. All of these are designed to assist someone to find a solicitor and calculate whether they are eligible for Legal Aid. The Government has set out proposals to remove the option of face-to-face appointments and require anyone seeking Legal Aid to first contact a telephone advice gateway. The aim would be that this would act as “triage” and filter out those who did not require face-to-face legal advice. Disabled people in particular have seen how many of these contracted-out services are run to the detriment of their users. DPAC have written about the fiasco caused by ATOS carrying out assessments and the issue of benefit cuts.

The Government has now conceded in the face of their own evidence that it would be inappropriate to include Community Care law as part of the initial trial. However, plans remain in place for other areas of Legal Aid law to be accessed through the telephone gateway. The first areas of law to be affected are debt, discrimination and special educational needs. The House of Lords changed the Legal Aid Bill so that the Government would not be able to set-up this mandatory telephone gateway. However, the Government can overturn this amendment when the Legal Aid Bill goes back to the House of Commons on 17 April.

Welfare benefits

The Government wants to remove all welfare benefits advice from the Legal Aid scheme. The House of Lords took a strong stance against this following the Welfare Reform Bill and the increasing pressure to force people onto work programmes. They have changed the Legal Aid Bill so that Legal Aid will continue to be available for appeals against Department for Work and Pension decisions. However, the House of Commons can overturn this amendment when they debate the Legal Aid Bill again on 17 April.

Other areas of law

The areas of law affected by the Legal Aid Bill are huge. If the Government is able to push the legislation through Parliament, then most people will either have to pay to see a lawyer or go without justice. This is particularly important to anyone who is likely to need a solicitor: whether through problems at home, with family or at work. Most likely to affect disabled people are:

 

–          Clinical Negligence claims: the removal of Legal Aid in gathering reports will mean that before a case is even begun, you will need to fund an expert report.

–          Employment: the Government is seeking to prevent someone from even having an initial publicly funded session with a Legal Aid lawyer. This has greater impact for disabled people, because they are most likely to face prejudice and harassment at work and discrimination in even getting in to work.

–          Housing: Legal Aid will fund only those who are at risk of losing their homes, even where initial advice and assistance could prevent this from happening. This is particularly important if you are living in a home where adaptations have been made for ease of mobility.

Where to, then?

 If the Government proposals go ahead, then those who are no longer eligible for Legal Aid will be seeking access to justice from charities and the not-for-profit sector. However many charities and citizens advice bureaux are facing cuts in funding, not only from a loss of Legal Aid, but also from a reduction in external funding and particularly funds from Local Authorities who are withdrawing their support for services considered non-essential.

It is of particular concern that where advice centres remain they will not necessarily have specialist staff who will be able to deal with specific problems. For disabled people, whose needs are often more complex and intersect a number of different areas, this is worrying.

A recent report from the Young Legal Aid Lawyers (YLAL) has highlighted that faced with these cuts and nowhere else to turn people are likely to turn to their MPs to provide assistance. Of the MPs interviewed by YLAL a third of MPs spend somewhere between 50-75% of their time dealing with the issues of their constituents. To make matters worse, at the moment, MPs can refer these cases on to law firms and legal advice organisations if specialist, expert advice is required. Seventy-one per cent of MPs and caseworkers interviewed by YLAL had referred constituents to a legal adviser in the six months preceding the study.

Act now to save Legal Aid

Having faced some amendments to the Bill, which were largely positive in the House of Lords, the Bill is now returning for final consideration in the House of Commons on 17 April 2012. Now is your final chance to have your say and to lobby your MP to act on your behalf.

If you are concerned about the impact of the legal aid cuts on you, and on wider society, please take time to write to your MP urging them to vote for amendments to the Bill. Send them YLAL’s report (find a copy here) or Justice for All’s report on the challenges facing law centres and Citizens Advice Bureaux (available here). A quick link to a letter to your MP is here. Please spread the word now – we only have a few days left to save legal aid.

Frances Trevena is a member of Young Legal Aid Lawyers.

Young Legal Aid Lawyers (YLAL) is a group of lawyers who are committed to practising in those areas of law, both criminal and civil, that have traditionally been publicly funded. YLAL members include students, paralegals, trainee solicitors, pupil barristers and qualified junior lawyers based throughout England and Wales. We believe that the provision of good quality publicly funded legal help is essential to protecting the interests of those with least in society and upholding the rule of law.

Website: https://www.younglegalaidlawyers.org/

Email: ylalinfo@googlemail.com

 

Apr 112012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

by Holmey

via social warriors

In view of the welfare reforms that the ConDem’s have forced through parliament, reforms that are forcing many sick and disabled people deep into poverty and misery, it’s time to tell the DWP what we feel, where we think they are driving society, with you being invited to download and complete the DWP Euthanasia Assistance Form below and asked to post it off to –

 

Euthanasia Assistance Scheme

The Ministers

Department of Works and Pensions

Caxton House

Tothill Street

London

SW1H 9DA

Next Tuesday or Wednesday, (17th/18th April), so that they get deluged with them on Thursday & Friday, perhaps having to work over the weekend to clear the mail backlog – Hopefully get to the attention of the decision makers.

A couple more websites I know are also hosting this campaign, and if you’re seeing it for the first time and have a website, please feel free to copy it. I’ll notify what media contacts I have, if everybody else makes a noise out of it, it may get some much needed publicity for what’s going on.

Also, on the Friday, (21st), perhaps you would like to emulate Stuart on his excellent recording (on social warriors’ web site)

Let’s shout out loud, give them all something to think about over the weekend.

Copy and paste this URL into your browser to get form and info:
https://socialwarriors.co.uk/2012/04/atos-dwp-disability-euthanasia-assistance-scheme-protest/

Apr 082012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

One of the main advocates of the bio-psychosocial model, Lord Freud (Westminster’s Minister for welfare reform) claims that it is based on evidence. It is not. It is a right wing model led by profit and the market. It incorporates the worst aspects of neo-liberalism. It targets disabled people and ridiculously claims that we can think ourselves out of being disabled. Its underlying theme repeats the mantra that ‘work will set you free’. But this is not about work, despite the endless rhetoric; this model is an ideological cover for attacking disabled people and reducing every single right to financial support that has been achieved. Additional fringe benefits are provided to the insurance market of Unum, to the profits of Atos and to the big Disability Charities who all capitalise on the new notions of risk being imposed on disabled people. We can identify a clear pattern for the construction of the bio-psychosocial model, and its advocates. It features:

●‘Academics’ in the pay of the insurance company Unum

●The genesis of the Work Capability Assessment guided by Unum and Atos,

●Atos’ imposition of mass reassessments

● Successive governments

●Key players in the Department of Work and Pensions

● The big Disability Charities.

We can also identify a clear pattern for the construction and advocates of the social model of disability. The story features disabled activists some of whom  were institutionalised in a Leonard Cheshire home, disabled academics, disabled activists and disabled peoples’ organisations and groups run and controlled by disabled people who led the political challenges to individual models of disability and who continue to do so.  Which model seems better so far?

While successive governments were delivering a stream of white papers apparently dedicated to improving the life chances of disabled people the revenge of the bio-psychosocial model and welfare reform (read welfare destruction) was quietly being prepared behind our backs by the state and their market partners. The following explains why some disability campaigners were and are wrong to abandon the social model of disability and how the rhetoric behind the bio-psychosocial model is one of the keys to understanding the 21st century ideological attacks on disabled peoples’ lives.

Part One

The Social Model of Disability Basics: why it’s nothing to do with the bio-psychosocial model

The social model came into being through a letter to the Guardian from Paul Hunt[1], the early work of UPIAS (Union of Physically Impaired against Segregation) a document written by Vic Finkelstein[2] and other activists. They were institutionalised in a Leonard Cheshire institution. The UPIAS document and its premise were taken forward in the 1980s and 1990s by disabled activists and academics including Mike Oliver[3] and Colin Barnes[4]. Paul Abberley[5] also produced a seminal piece on  ‘The Concept of Oppression and the Development of a Social Theory of Disability’. The social model of disability was also taken forward by activists, campaigners and those who set up some of the first Centres of Independent Living (CILs).

The social model perspective has been used widely in the UK as answer to the sociological theories and common place mis-understandings on issues of disability being designated as entirely medical/individual attributes without reference to the environment, to the barriers that disabled people face, or the rights that they are being denied. Examples include: the American conservative sociologist Talcot Parsons who theorised the ‘Sick Role’ in the 1950s, and the International Classification of Impairments, Disabilities and Handicaps (ICIDH).  Parsons suggested that ‘the sick role’ gave individuals the opportunity to ‘opt out ‘of society, and elicit sympathy from others which brought them certain social benefits. However, this was perceived as a deviant role-according to Parsons the individual was at fault, merely exercising a form of deviance for particular rewards-they could quite easily change their attitude and function within society adequately. In addition, the first classification from the World Health Organisation (WHO) produced The International Classification of Impairments, Disabilities and Handicaps (ICIDH). This concentrated purely on medical factors and ‘handicaps’. It was later remodelled to include supposed interaction with social factors and renamed International Classification of Functioning, Disability and Health (ICF). Yet, it has never fully achieved the explanation of the interaction between impairment and disability.

In contrast, disability activists using the social model perspective argue it is how society treats disabled people that create the main problem. The experience of disability is not exclusively about the individual or the individual’s attitudes. The experience of disability is an interaction with actions of non disabled people, planners, governments, employers and others. People need educating on what it is really like to be disabled and the many barriers that disabled people face in their everyday lives. They need to understand those barriers which prevent disabled people having the same opportunities and life chances as their non disabled peers.

The social model does not focus on disabled people as victims of their physiology, whether physical, cognitive or otherwise, nor as vulnerable, helpless individuals but as people who are disabled by attitudes, the environment, design, working patterns and by those individuals who see disabled people as unworthy. The social model also offers a way to organise politically against the principles of social and economic exclusion, and oppression in a disabilist society.  It gives a critique of all that has gone before based on individualism and the market. It also argues that disabled people must be at the centre of voicing their own experiences. The social model was constructed by disabled people, not medical ‘experts’ , not policy makers, not social workers, not disability charities, not service providers, nor governments, nor private companies profiting from disability[6].

 

The Social Model: misunderstandings, misuse and other detractions

Disabled People against Cuts (DPAC) advocates the social model as do many others. Yet, DPAC has received criticism for insisting on working from the perspective of the social model. For example, the coalition governments’ use of the term social model in consultations regarding the proposed change from Disability Living Allowance to Personal Independence Payment (PIP) has caused some people to reject the social model: what’s the point of supporting something that is being used to limit our rights-but the coalition government don’t understand, care or really know what the social model is. This was evident to anyone that read through the questions in the first PIP consultation.

The social model has been rejected by some academics as being out dated or not quite fashionable enough: they claim it is better to write of discourse, and embrace the ‘subject’ (individual). From the ‘ivory towers’ it may be, but how can this version ever realistically contribute directly to social policy or to peoples’ lives? The social model is rejected because it is considered masculine, it talks about this thing called society, and it talks about ‘social oppression’-perceived as an outdated Marxist term. The social model is rejected because it talks about impairment, people don’t like to think of themselves as impaired, and anyway, some say: isn’t the social model all about physical impairments? What about mental health? What about learning difficulties? Disabled feminists also criticised the social model for what they suggested was the social model’s exclusion of the body, but it is in the body politic that this model has its greatest power. At times criticisms are academic (in both senses), overall it’s extremely damaging, as the criticisms are often based on misconceptions of the social model and miss what the perspective offers for changing disabled peoples’ lives (see Barnes[7]).

The Coalition and New Labour before them had some very fertile ground to make their attacks on a set of people who were divided on their own histories, who appeared to be against their own founding activists and their own collective political identity. At the same time, as noted, neither new Labour nor the Coalition understood, cared or really knew what the social model really meant. They did know that the social model was used as successful tool to establish rights for disabled people.

This is why recent governments and government departments have used the term without any notion of the motivation, history, or content nor any care for the outcomes. Governments claim they speak with some disabled peoples’ organisations, some disabled activists, but mainly governments’ speak with the multi million pound disability charities. The big disability charities also use the term social model to give the illusion that they understand disabled people and can speak on behalf of disabled people. They never could and they still can’t. It is for disabled people to speak for themselves individually, through their own user-led organisations and through their own grass root groups.

What the Social Model Perspective did for Disabled People

The social model perspective was used very successfully by campaigners, protesters, advocates, activists and Centres for Independent Living (CILs) to move disabled people in the UK to a position that was the envy of many European countries in terms of UK support for disabled people.

Was it this perspective and its promotion that brought us:

● The Independent Living Fund (ILF) –now closed to all new applicants since 2010 by the Coalition, while existing applicants are left wondering what will happen to their support

● Disability Living Allowance (DLA) to pay for the extra costs of being disabled -now being replaced by Personal Independence Payment and rounds of reassessment by the Coalition government

● Incapacity Benefit -now changed to Employment Support Allowance and rounds of reassessment by Atos put in place by New Labour and made more stringent by the Coalition government

● Access to Work to help with extra costs of working and to, in theory, provide extra support to those that needed it –recently we have seen cut-backs on Access to Work with the tightening of criteria and more costs transferred to the employer rather than the government under the Coalition.

● Direct Payments to pay for personal assistants to aid independent living through financial support from local authorities (L.A.s) -now cut back as L.A.s restrict access through more punitive eligibility criteria because of central government cuts of up to 40% to L.A. budgets

●The Disability Discrimination Act (DDA) –now we have a diluted replacement including all discriminated groups called the Equality Act (2010) put in place by New Labour and further diluted by the Coalition government.

These things originally opened up independent living for disabled people; social model arguments affected social policy, housing, information, education, transport, design, peer support, advocacy and attitudes towards disabled people. Few would claim that the social model was a panacea for all the problems that disabled people faced, disabled people were still fighting for better rights, improvements on what we had, and better access before the current onslaught from the Coalition. However, to say that the social model and the social model perspective did nothing to change the lives of disabled people is an insult to the generations of disabled activists before us that fought for change. All those that pushed those extra rights forward were social model advocates who wanted more independence for themselves and for disabled people, they wanted to educate on a better understanding of the social and economic oppression that disabled people faced. Yet, New Labour, the Conservatives and a host of other actors were working on removing those gains and more from disabled people and disabled children from as early as 1992.

Those disabled people that now have a public platform and criticise or dismiss the social model are disparaging the very thing that gave them that platform in the first instance. We can identify a clear pattern for the advocates and history of the social model: disabled people, some of whom were institutionalised, disabled academics, disabled activists and disabled peoples’ organisations run and controlled by disabled people.  We can also identify a clear pattern for the bio-psychosocial model rhetoric and its advocates.

Part two

The Bio-psychosocial Model Basics: why it’s nothing to do with the social model

There are a few references explaining where the original version of the bio-psychosocial model came from. Some cite George Engel[8] others claim that it is an outcome of the International Classification of Functioning and Disability (ICF) [9] Gill Thorton[10] describes the model from a medical approach, while clearly identifying the vulgarisation of its later use as a tool in getting disabled people back to work

Briefly put, it is a theory that seeks to broaden the perspective on illness, by taking into account not only the biological, but also psychological and social factors which may have an influence on sickness, and consequently on the course that healing takes. The acknowledged value of this approach, when used for the benefit of the patient, is that it allows for the identification of non-biological influences which may interfere with an individual’s capacity to heal.

However, it seems that Parsons’ ‘sick role’ and of the disabled person as deviant comes closest to the rhetoric of the Coalition government. So rather than identify who or what the original source of the bio-psychosocial model might be, we need to look at its promotion and how it has been used to justify the rhetoric that ‘work makes you well’ and that ‘work is good for you’. A DWP Press release from October 2011[11] shows the ways in which Freud (Minister for welfare reform) justifies the new era of the bio-psychosocial. He is speaking from the perversely titled ‘Health and Well- Being’ conference.

Key speakers at the conference included Dr Catherine Hannaway trained in the U.S. in ‘improvement methodologies’ by the Institute for Healthcare Improvement whose former President and Chief Executive Officer was Donald M. Berwick administrator for the Centers for Medicare and Medicaid Services insurance. Dr Bill Gunnyeon CBE, Director for Health, Work and Wellbeing and Chief Medical Advisor DWP:a regular ‘expert’ in House of Commons groups, and like Freud an apologist for Atos testing and the change from DLA to PIP. Also Samantha Wortley, Health and Safety Advisor at the University of Derby: a university running accredited courses for Atos health practitioners, and Disability Charity RNIB’s Philip Connolly, Employment Campaigns Officer to name just a few.

Freud’s rendition was surely a case of ‘preaching to the converted’ as it was delivered to those connected to insurance, disability accreditation, disability charities (who are still using the language of rehabilitation) and various apologists for the current regime. He also uses academics Waddle and Burton who, like many others supporting this rhetorical model are connected with the Centre for Psychosocial and Disability Research directed by Mansel Aylward, (former Chief Medical Officer at the DWP) at the University of Cardiff: a department bankrolled by Unum. Freud happily declares:

Not so long ago employers were frightened of ill health. Good employers were concerned that being in work would cause some harm. Responsible employers acted to protect people, keeping them off work until they were fully recovered. But perversely they may have been doing more harm than good. We now understand that work is not necessarily bad for you.

People with physical or mental health conditions do not need to be protected from work and sometimes maintaining some form of working life can aid recovery. This understanding was first put forward by Aaron Antonovsky. It was expanded upon by Waddell and Burton. And helpfully formed an evidence base upon which I developed my welfare reform report.

Work provides more than just an income. Employment can also give people a sense of purpose, some structure to their lives. It can also be an important part of people’s social lives.

Quite simply good work is good for you.

Quite simply ‘good work’ is in short supply under the Coalition. Their promotion of the deeply unpopular workfair and the limited supply of temporary (including contract work), part-time, precarious jobs, and job insecurity for those in work have all been found to have adverse affects on mental and physical health. In addition, poor quality work can affect mental health in the same way as no work. The growing gap in inequality between the richest and the poorest affects the nation’s health and remains intergenerational.

The Construction and Deconstruction of a model for Private Profit

Aaron Antonovsky, one of the academics mentioned, put forward the idea of the concept of sense of coherence (SOC) in 1979[12]. It is not related to the bio-psychosocial model but ironically identifies one of the reasons why the current coalition regime imposed on disabled people will make them more susceptible to stress, anxiety and individual deterioration.

Collingwood claims[13]: The SOC is defined as: “The extent to which one has a pervasive enduring though a dynamic feeling of confidence that one’s environment is predictable and that things will work out as well as can reasonably be expected.” It has three components – comprehensibility, manageability, and meaningfulness. Comprehensibility is the extent to which events are perceived as making logical sense, that they are ordered, consistent, and structured. Manageability is the extent to which a person feels they can cope. Meaningfulness is how much one feels that life makes sense, and challenges are worthy of commitment. All these things are based on financial security, upbringing, social networks and natural ‘coping’ styles. Unremarkably, those in higher social classes who are more financially secure are deemed to have higher SOC levels, yet it also likely that they have better health outcomes too, as they are more likely to come from financially secure backgrounds.

As Antonovsky died in 1994 he will be unable to sue Freud for what seems to be a complete misinterpretation of SOC. Later we’ll compare the Antonovsky theory to the Waddell and Burton (Unum) scenario which exhibits a ‘blame the individual’ approach developing individualistic themes on illness and disability in which the social is completely erased.

Of course, the Health and Well- Being conference is just one in a long line of such conferences. In 2001 a conference with the charming title of ‘Malingering and Illness Deception’ was held at Woodstock near Oxford. It covered old ground for the insurance industries. Amongst the participants were Malcolm Wicks, then Parliamentary under Secretary of State for Work, and Mansel Aylward: Chief Medical Officer at the Department of Work and Pensions (DWP) and a number of academics like Waddell and Burton who would come to add academic credibility to Unum’s and government protestations on disability and illness.

What linked many of them together, including Aylward, was their association with the giant US insurance company UnumProvident (later Unum), represented at the conference by John Lo Cascio. The goal of the conference was the transformation of the welfare system[14] in particular the reduction of payments to disabled people which was perceived to be a key problem for successive governments. Unum were perfect for such a project as they had a very useful track record of reorganising exactly what health problems were in order to avoid insurance payouts. John Lo Casio was no stranger to such events or to working with Westminster governments. As second Vice chair of Unum he had been brought in by Conservative Peter Lilley (Secretary of State for Social Security 1992-1997) to ‘manage claims’ of incapacity benefit. Both Lo Casio and Alyward joined the government medical advisory group to devise the All Work Test, a forerunner of the Personal Capability Assessment (PCA) and a forerunner to the more recent Work Capability Assessment (WCA) used by Atos. The All Work Test awarded points for different descriptors and ignored GP evidence-Instead a set of adjudication officers who were trained in a theory set out by Mr Lo Cascio were employed to aid the management of claims – sounds familiar doesn’t it? Unum Provident was at the centre of UK welfare reform as early as 1992 under the Thatcher government, but they worked with New Labour too.

Unum Provident continued to build its sphere of power and influence, in 2001 launching: New Beginnings, a public private partnership between charities, including Disability Charities, NGO’s and government ministers with the express intention of furthering the company’s power in policy making. The New Beginnings advisory group included some of the academics from the Woodstock conference as well as major disability charities such as the Shaw Trust, Disability Alliance, and the Employers Forum for Disability[15] Unum went further stretching their tentacles into the university sector with the help of Mansel Alyward formally of the DWP.

Mansel Aylward, began directing the Centre for Psychosocial and Disability Research at Cardiff University in 2004:a department that Unum Provident paid 1.6 million pounds for. A  department set up to provide an academic credibility and a new political slant to the bio-psychosocial model[16]  allowing Freud to claim that welfare reform for disability benefits was backed up by evidence that ‘work was good for you’. The department included Alyward, Professor Peter Halligan and Gordon Waddell. One year later Alyward and Waddell produced The Scientific & Conceptual Basis of Incapacity Benefits published by the DWP. As Rutherford[17] notes:

In their declarations of interest at the beginning of the text neither man cites their association with UnumProvident. This matters, because the monograph provides the unacknowledged intellectual framework for the 2006 Welfare Reform Bill [originally passed by New Labour]. And the methodology used by Waddell and Aylward is the same one that informs the work of UnumProvident. In a memorandum submitted to the House of Commons Select Committee on Work and Pensions, UnumProvident define their method of working: ‘Our extended experience … has shown us that the correct model to apply when helping people to return to work is a bio-psychosocial one’.

Peter Halligan, and Derek Wade of Oxford University (another Woodstock academic) explained the model in the British Medical Journal as something that needed to make a break from old understandings of the bio-psychosocial. ‘The old biomedical model of illness, which has dominated health care for the past century, cannot fully explain many forms of illness.’ What they really meant was that it was not helping reduce the number of applicants for incapacity benefit.

The old model ‘assumes a causal relation between disease and illness, (?) and fails to take into account how cultural attitudes and psychological and social factors shape illness behaviour. In other words it allows someone to report symptoms of illness, and for society to accept him or her as sick, without their having pathology’-a throwback to Parsons’ ‘sick role’ theory. They add that: ‘Personal choice plays an important part in the genesis or maintenance of illness’.

Alyward and Wadell moved this rhetoric up several gears: Arguing that adopting this new version of the model would lead to a ‘fundamental transformation in the way society deals with sickness and disabilities’ (p123). The goal and outcome of treatment is work: ‘work itself is therapeutic, aids recovery and is the best form of rehabilitation’. Work can set you free, in fact worklessness now transforms into a bizarre serious risk to life. It is announced as:

one of the greatest known risks to public health: the risk is equivalent to smoking 10 packets of cigarettes per day’ (p17).

Halligan and Wade also tap into theories of Talcot Parsons to argue: ‘Our model suggests that illness is a dysfunction of the person in his (or her) physical and social environment’. Like Parsons, they suggest that the ‘sick role’ is no more than an individual deviance: a choice. The solution is to change people’s behaviour by transforming the language and culture of welfare, and by using incentives as a ‘motivational tool’ to prise people out of their sick role (p166). The motivation tools were later renamed sanctions. That is sanctions to those people refusing to work for their benefits on programs such as ‘workfare[18]’, sanctions through which their benefits can be removed from weeks up to three years leaving them without income if they dare indulge in any ‘wrong thinking’.

 Influence and Profit: Unum, ATOS and complicit Disability CharitiesIn July 2007 The Personal Capability Assessment (PCA) was redesigned by two technical working groups, one for ‘physical impairment and another for mental health issues. Representatives from Unum and Atos were present in both groups[19]. The redesign would be one step closer to the hated and much maligned Work Capability Assessment to be delivered by AtosTechnical working groups on the WCA also hosted the views and input of some of the big Disability Charities including: MENCAP, MIND, the National Autistic Society, Parkinson ’s Disease Society, RNIB, RNID and the Disability Benefits Consortium including some of those already mentioned, as well as Leonard Cheshire Disability, Sense, RADAR, SCOPE, Sue Rider and the Papworth Trust[20].No doubt this was good preparation for the Disability Works UK launch in 2011 another charity consortium exercising their muscle as ‘experts in disability employment’ involving SCOPE, MENCAP, MIND, Leonard Cheshire, and Action for Blind People (a part of RNIB) with a healthy turnover value of 654.4 million and a cumulative surplus of 15.6 million[21] All corporate disability charities were more than prepared to take maximum advantage of workfare type schemes recently announced as having unlimited time scales for disabled people[22].We should note that so far we do not see any user-led disabled peoples groups involved in any positions of power or profit in this wholesale transformation of welfare or in partnership with the government. The charities were speaking for us because there were profits to be made from lucrative government contracts designed to get disabled people back to work- they are in the disability business too after all. They continue to ‘help’ by advising on mental health issues and producing publicity against the WCA that they were involved in and publicity against Atos, who they sat at the table with-I guess that’s part of the social model bit they adopted, plus of course their partnership with user-led groups in the Hardest Hit protests which protested against the WCA and welfare reform-oh the irony or is it duplicity?Atos were also on board the welfare transformation gravy train before the WCA.  Atos bought out SchlumbergerSema in 2003 for 1.3 billion Euros. Through this, they gained access to key SchlumbergerSema public sector contracts in the UK, including one with the Metropolitan Police, a deal with the Department for Work and Pensions, and the Government Gateway project[23]. This was a significant move as DWP contracts included the Personal Capability Assessment and the buyout gave Atos (renamed as Atos Origin in 2004) access to the Logical Integrated Medical Assessment (LIMA) and 100 million per year from the DWP for delivering it with the proviso that they speed up claim and processing times. Another Disability Charity: Shaw Trust announced their pleasure at future work in partnership with Atos in 2010. Shaw Trust would also profit through the misery of disabled people by delivering the euphemistically titled ‘work programs’ for disabled people. Sally Burton, CEO[24] at Shaw Trust gushed:

“Shaw Trust is delighted the consortium has qualified to bid for the opportunity to supply seven Lots of the Government’s Work Programme. As the UK’s largest   third sector provider of employment services, our partnership with Atos Origin and Pinnacle People can ensure the charity sector remains at the heart of welfare-to-work.” [My emphasis]

But lets move from income driven Disability Charities to failed bankers (apparently they do exist). In 2006 New Labour chose David Freud, a senior banker at UBS AG to conduct a review of New Labour’s welfare to work policies. Freud later defected to the Conservatives on a promise of a peerage. Invest in ME[25] expose Freud’s mistakes in banking and other areas explaining his own incapacities in some detail:

The “To Banker from Bankies” 2009 report (which was supported and funded by Oxfam) states, in 2007 Freud was appointed as the key Government advisor on welfare reform by Labour’s John Hutton and was commissioned to produce a report “Reducing Dependency, Increasing Opportunity” on the “Welfare to Work” programme.  This was despite the fact that, in his own words, Freud “didn’t know anything about welfare at all” (Daily Telegraph, 4th February 2008). Despite the great complexity of the welfare system, Freud researched and wrote his welfare “shake-up” plan in just three weeks (Daily Telegraph, 1st May 2006). It recommended that the existing role of private firms (such as UNUM and Atos) in the Government’s “Welfare to Work” programme be dramatically increased; he acknowledged that there was no evidence to suggest that private contractors were any better than the Department for Work and Pensions, but he still concluded that it would be “economically rational” to pay them tens of thousands of pounds for every person they removed from benefits.

In his report Freud constantly misquotes studies and uses over 170 references to ‘models’ citing the zsars of the Unum financed Centre for Psychosocial and Disability Research at Cardiff University consistently. While Freud openly acknowledges a useful partnership between of two of the most hated private companies and their involvement in welfare to work issues, the company’s themselves have been much more unwilling to acknowledge any links between them.

Links between Unum and Atos

In the 2004 Atos report, Atos appears to use the language of Unum and the academics of Centre for Psychosocial and Disability Research unreservedly, with sex thrown in for good measure:

Psychosocial factors…are at least as important as physical factors in the onset and maintenance of these conditions.  Patients can make a number of ‘secondary gains’ with these unexplained illnesses, such as…turning a socially unacceptable disability into a more acceptable ‘organic’ disability caused by injury or disease beyond their control. They can blame their failures on the illness; elicit care, sympathy and concern from family and friends; avoid work or even sex; and there are financial rewards associated with disability.

 …if a patient believes their illness was caused by a virus and there’s nothing they can do about it, their prognosis is not likely to be positive.  But if the patient believes…that the symptoms won’t last long and they have control over them, then the prognosis will be better….We need patients to understand their situation, so they are more likely to go back to work

(Except from the powerful letter from Douglas Frazer to the House of Lords reproduced on the Invest in ME web site)

Despite being linked in the chain of the key players at the DWP, successive government ministers, a string of conferences, the Centre for Psychosocial and Disability Research and involved together in the PCA and WCA. Atos and Unum continue to deny that they have any links with each other. However, they appear to swop CEOs and often share the same platforms at conferences and on government groups as noted. As DPAC’s sister campaign group Black Triangle posts show: MP Norman Lamb, (special political advisor to Nick Clegg) also seems to have trouble recollecting links with Unum. He denied any knowledge of a company named Unum going as far as to write to our very own minister Maria Miller. Lamb wrote:

xxxx xxxxxxxx informs me that a company called Unum Provident “has been convicted of major fraud and banned from trading in many States in the US” up until 2008. He states that this company has been advising the DWP on welfare reform since the early 1990s. He also states that the current Atos Chief Medical Officer, Mike O’Donnell, had been Chief Medical Officer of Unum from March 2000 to September 2010.  Is all this true?  Can you let me know exactly what the Government knows about the position relating to Unum Provident and its relationship with Atos healthcare?

The post on the Black triangle site continues:

Imagine my surprise and shock then considering the above to discover this morning while doing some research online about connections between Atos & Unum, particularly the relationship between Mike O’Donnell – Chief Medical Officer – Atos Healthcare and Peter O’Donnell – Executive Director, Chief Financial Officer – Unum Insurance, (brothers perhaps? Anybody know?), to find out that good old Norman last Tuesday was a guest speaker at a Unum hosted fringe meeting at the LibDem Conference speaking alongside Peter O’Donnell, the Chief Financial Officer of Unum Insurance –

Speaker/Artist(s) Info: Norman Lamb MP; Teresa Perchard, Director of Public Policy, Citizens Advice; Nick Pearce, Director, IPPR; Peter O’Donnell, Chief Financial Officer, Unum. Chair: Patrick Hennessy, Sunday Telegraph.

Time: Tuesday September 20, 2011 6:15pm – 7:30pm

Venue: Hyatt Regency: Fortissimo2 Bridge Street, BirminghamB1 2JZ

Type: LibDem → Panel

Host Organization(s): IPPR, Unum

It’s also worth recognising the media representation at this too. As noted Unum continue to deny any involvement with Atos and vice versa, yet Unum was providing insurance for Atos workers up until 2009. On Unum’s rather amusing ‘Ask Unum’ site, clearly set up so that they can continue denying what is a matter of record in many instances, they state: “Unum UK currently has no relationship with ATOS Ltd. Until September 2009, it provided Income Protection to ATOS Ltd for ATOS’s staff” .Should they also add that the previous chief medical officer of Unum installed at Atos in 2011 had nothing to do with Unum before that time too?

Additional information on Atos partners has been requested through a Freedom of Information request to the DWP by P. Wilkinson (2011)[26] this asks which third parties Atos works with. The response states:

Atos Healthcare have advised that to release the name of the private company they have appointed to investigate the handling of complaints would affect the basis of the contract between Atos Healthcare and that company and would have contractual and commercial implications for Atos Healthcare.

As part of their preparation for Independent Tier (IT) arrangements under the new Contract, Atos Healthcare proposed and DWP agreed that details of the private company they have appointed to investigate the handling of complaints be withheld to ensure independence. This proposal and agreement took the form of an entry in the contract as follows: “The name of this firm will not be divulged to any third party to ensure continued
independence”.  

Can we guess who it is yet? The phrase ‘all in it together’ comes to mind –maybe this is what Cameron was actually talking about. But, what of Unum’s own useful criminal record to the Coalition?

Disability Denial: an alliance between Unum and the State

When the links between the profiteers in the misery of disabled people and the ideologies of denial are exposed what we are left with? First this is not about getting people into work, whatever the Tories and previous governments claim  they don’t care if you work or not. Media rhetoric[27] on scroungers, workshy and other protestations of undeserving poor were part of the strategy to change public opinion helped along by misleading DWP press releases. This is about denying benefits, denying illness and denying incapacity. It is not about even about ‘thinking yourself well’ or tortured nonsensical models shored up by dubious academics: It’s about something Unum have a successful history of: it’s about denying pay outs and capitalising on fear and risk.

The denial of pay outs may be through Unum’s insurance policies or it may be through denying pay outs after an individual has paid a life-time of national insurance contributions to the state-but is put on time limited Employment and Support Allowance- the outcome will be same. Who better to work with ex-banker Freud and MP’s in denying people their rightful entitlements than a company which has been publically named as: “an outlaw company- It is a company that for years has operated in an illegal fashion[28]” by California Insurance Commissioner John Garamendi in 2005, where Unum were charged with more than 25 violations of state law and fined $8 million. Among the charges were:

 ….that the company knowingly applied the wrong legal definition of disability in denying claims or ruling claimants were able to go back to work, targeted high-cost claims for denials to save the firm money, misused claimants’ medical records and even the opinions of in-house medical personnel to deny benefits and wrongly sought to file cases under a federal benefits law that severely limits claimants’ ability to successfully sue their insurers.

Reads like the work theory of Atos doesn’t it? These charges followed a financial settlement in the previous year in which 48 other U.S states raised critical issues on Unum’s working methods.

Rutherford argues:

in the 1980s Unum, and insurance companies Provident and Paul Revere were in trouble in the U. S. They had increased profits by sharing similar policies on disability and sickness insurance and selling to professionals. A combination of falling interest rates and the growth of diagnosed illnesses which were not subject to the insurance sector’s tests appeared to be increasing, affecting the professionals who had taken out policies with the companies, and in turn affecting company profits. These illnesses included: Myalgic Encephalomyelitis (ME) or Chronic Fatigue Syndrome (CFS), Fibromyalgia, Chronic Pain, Multiple Sclerosis, Lyme disease.

An aggressive ‘Chronic Fatigue Syndrome plan followed, with claims being managed in a way that continued to maximise profits. The insurance industry called on the academics, Professor Simon Wessely of King’s College and Professor Michael Sharpe of Edinburgh University (both participants in the Woodstock conference) in an attempt to reclassify those conditions that were costing money, and lobby the medical profession on such conditions so they fell outside the remit of ‘pay outs’. It meant that specific illnesses were targeted in order to discredit the legitimacy of claims.

This ‘strategy’ was to prove useful in dealing with the UK’s welfare reform and in overriding the basis of medical opinion on a whole set of conditions. As the state joined in the denial with its set of private companies and supporting academics Unum achieved more market returns while disabled people began to see their own welfare support rapidly diminishing.

Capitalising on Fear: how the denial of state support improves Unum’s profit margin

Unum couldn’t lose, as early as 1997 with the roll out of the All work Test, in which Lo Casio had had played a major part, Unum launched an expensive advertising campaign. One ad ran:

April 13, unlucky for some. Because tomorrow the new rules on state incapacity benefit announced in the 1993 autumn budget come into effect. Which means that if you fall ill and have to rely on state incapacity benefit, you could be in serious trouble[29].

Lo Cascio replied in the negative when Private Eye asked if he was concerned about the conflict of interest involved in his company’s advertising campaign, which sought to gain from benefit cuts that he had helped to initiate. However Unum Chairman Ward E. Graffam did acknowledge the ‘exciting developments’ in Britain. Unum’s influence in government was helping to boost the private insurance market:

The impending changes to the State ill-health benefits system will create unique sales opportunities across the entire disability market and we will be launching a concerted effort to harness the potential in these.’[30]

In 2012 the worst aspects of welfare reform were pushed through by multi-millionaire ex-banker Freud: including over a million disabled people expected to be completely removed from Incapacity benefits and unable to qualify for Employment Support Allowance (ESA) through more stringent testing by Atos, 12 month time limits on ESA to include those with terminal illness, and an additional half a million set to lose Disability Living Allowance and be ineligible for Personal Independence Payments amongst the regime. The fraud of the government rhetoric claiming to be supporting ‘those in most need’ was almost complete with the closure to new applicants for the Independent Living Fund (ILF) in 2010 and ILF’s expected closure in 2015. To celebrate Unum happily launched another set of advertising campaigns in 2012 advising people that the state wouldn’t support them and that they should take out insurance against sickness and disability.

A Tale of two Models: Disabled People vs Unum, Atos, Governments and Disability Charities

The social model and the bio-psychosocial model have each had powerful affects on disabled peoples’ lives. However they are two completely different animals and we must never succumb to the government’s attempts to conflate them. It’s quite clear which model gives most to disabled people and which is being used to take away disabled peoples’ rights and their right to dignity . It is quite clear why we should continue to rage against the current imposition of the market regime of misery. It is quite clear why we should continue to support and use the social model of disability: a model with its rooted in the experiences of those incarcerated in a Leonard Cheshire Disability Charity institution: One of the disability charities that continue to profit from disabled peoples’ misery by sitting at the table with governments, Atos and Unum ‘helping’ the progress of the WCA and gaining from lucrative government contracts for work programs- with their and other charity support disabled people don’t need enemies.

The increases in the recorded suicides of disabled people brought about by the fear and misery imposed on disabled people through the current neo-liberal regime is likely to grow. Yet, the worsening situation of the many being denied support to which they are entitled to through national insurance contributions, through the most basic notion of human rights, the UN Convention on the Rights of Disabled Persons, and the European Convention on Human Rights will not affect the income or profits of the private companies or the disability charities involved .

This is not about getting people into work- there are no jobs, much less jobs for disabled people. It is not about even about ‘thinking yourself well’ or tortured nonsensical models shored up by dubious academics in the pay of Unum. This is about denying benefits, denying illness and denying disability: It’s about something Unum have a successful history of:  denying pay outs for disabled people while capitalising on fear and risk. It’s about an ideological regime of misery and austerity in the twelfth richest country in the world.

It amounts to the biggest government benefit fraud in social welfare and human rights in contemporary history.

twitter: @redjolly1

Acknowledgements

With thanks to Ann Whitehurst for sending me Jonathan Rutherford’s excellent piece in Soundings (on which some of this is based) and other pieces explaining how poverty and disability were being remade as an individual attributes rather than a societal failings by the right wing. Thanks to Bob Williams Findlay for his helpful comments. Thanks also to Julia Cameron for her comments, sending numerous links and information and urging that this (or something like this) should be written, and to all those activists past and present who will continue to fight for the rights of disabled people using the social model and who usually also say Rights not Charity! You know who you are…..

For online texts on the social model and disability issues see: https://www.leeds.ac.uk/disability-studies/archiveuk/



[3] Oliver, Mike The Politics of Disablement

 

https://www.leeds.ac.uk/disability-studies/archiveuk/archframe.htm

[4] DISABLED PEOPLE IN BRITAIN AND DISCRIMINATION A

Case for Anti-Discrimination Legislation https://www.leeds.ac.uk/disability-studies/archiveuk/archframe.htm

 

[5] https://www.leeds.ac.uk/disability-studies/archiveuk/Abberley/chapter10.pdf

[6] https://www.leeds.ac.uk/disability-studies/archiveuk/Oliver/in%20soc%20dis.pdf

[7] The Social Model of Disability: Myths and Misconceptions https://www.leeds.ac.uk/disability-studies/archiveuk/archframe.htm

 

Apr 042012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Date: Friday, 20th April 2012
Time: Assembly Midday
Place: Outside the Department of Work and Pensions, Tothill Street, London, SW1H 9NA
Rally: March to Old Palace Yard, Westminster (opposite Parliament) for Rally with Speakers

We must show the strength of feeling that taking jobs from disabled people should not be tolerated in a civilised society.

Transport is being arranged from all Remploy London sites.  For information contact: julie.haynes@remploy.co.uk

It would be helpful if you can register to attend by clicking https://fight4remploy.eventbrite.co.uk/

Please come – and bring your friends – and bring your families too!!

 

On 7th March Remploy announced its intention to close all of its factories with the

 

potential compulsory redundancy of 1,752 mostly disabled workers. The joint Unions are

 

committed to fighting to save the Remploy factories and our members’ jobs.

 

We must show the strength of feeling that taking jobs from disabled people should not

 

be tolerated in a civilised society. It will not improve the country’s financial situation – it

 

may well make it worse.

 

Join us in the fight to save Remploy


www.uniteforoursociety.org

Apr 022012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

In Geneva today (2nd April), Dr Pauline Nolan, Policy Officer for Inclusion Scotland, will submit evidence to a preliminary hearing ahead of a planned review of the human rights record of 14 states, including the UK.

On behalf of the Campaign for A Fair Society – a coalition of more than 70 Scottish charities – Dr Nolan will warn the cumulative impact of welfare reform and cuts to benefits affecting disabled people will mean their ability to live a full life is impaired. In particular, she will argue that welfare changes undermine their right to be included in the community.

The campaign also claims disabled people are being denied access to justice when they try to appeal against these cuts to their benefits.

Dr Nolan said she aimed to equip the UN with a series of recommendations and questions to put to the UK Government when its representatives appear in front of the Human Rights Council in May.

She added: “Disability organisations, disabled people and the Parliament’s own Joint Committee on Human Rights concluded that these cuts will have a devastating cumulative impact on the livelihoods of disabled people.

“Further cuts are taking place to local authority services they receive. Taken together, all these cuts are severely undermining the human rights of disabled people.”

She claims half of the £18 billion of cuts to be made under welfare reform will fall on households containing disabled people, adding: “These cuts will push hundreds of thousands of disabled people and their families into poverty and thousands will be made homeless.”

Jim Elder-Woodward, of the Independent Living in Scotland project, said: “I am really pleased that Dr Nolan is going to Geneva to tell the UN just how this Coalition Government is systematically undermining the rights of disabled people by cutting their benefits and services.

“The combined voices of disabled people have either been silenced or misrepresented by the UK Government in their resolution to make disabled people suffer over 50% of the total £18bn in benefit cuts.”

Norma Curran, of Values Into Action Scotland, added: “These welfare reforms are devastating people’s lives. It’s not acceptable to challenge the human rights of people on the grounds of race, sex, language, or religion, so why does the UK Government think that it is acceptable to breach the human rights of disabled people?”


Stephen Naysmith – Herald Scotland

 

Mar 142012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net
These MPs are happy to let our NHS be destroyed. Shame on them.
The NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clark, rh Greg
Clarke, rh Mr Kenneth
Clegg, rh Mr Nick
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C. (Monmouth)
Davies, Glyn
Davis, rh Mr David
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Farron, Tim
Featherstone, Lynne
Field, Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Gale, Sir Roger
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, rh Justine
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harris, Rebecca
Hart, Simon
Harvey, Nick
Hayes, Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Howarth, Mr Gerald
Howell, John
Hughes, rh Simon
Huhne, rh Chris
Hunt, rh Mr Jeremy
Hunter, Mark
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lancaster, Mark
Lansley, rh Mr Andrew
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Mensch, Louise
Menzies, Mark
Metcalfe, Stephen
Miller, Maria
Mills, Nigel
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O’Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Opperman, Guy
Ottaway, Richard
Parish, Neil
Patel, Priti
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pritchard, Mark
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Hugh
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Stunell, Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Tapsell, rh Sir Peter
Teather, Sarah
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim

 Posted by at 13:58
Mar 142012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net
London DPAC/Remploy workers meeting on:
TUESDAY 20th march
6.30-8pm
SCOPE OFFICES
6 MARKET RD
ISLINGTON
LONDON
N7 9PW
the offices are fully accessible, and are almost on the junction of market rd/caledonian rd. (NO BSL interpreters for this meeting -notes will be made available afterwards).
buses
274 – market rd      & 259, 91 and 17 – caledonian rd
nearest tube
caledonian rd (piccadilly line)       
5 mins walk.
parking is available by arrangement
room is booked under the name STEPHEN HODGKINS (thanks stephen) so please give his name on arrival.
Les Woodward (national organiser Remploy) will be speaking.
 Posted by at 13:20
Mar 092012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

The standard response of the disability movement (whatever that is these days) has been to say no to segregated employment – they’ve said that since the 70s. The government mantra which insists that ‘work is good for you’ now seems to sit in an even more unbelievable place than it did a week ago after the closing 36 of the 54 Remploy factories. What’s more a set of formal disability organisations seem to think it was a good idea for up to 2,000 disabled people to join the current regime of trying to claim benefits in one of the worst ever social and economic periods to become unemployed. So now they’re doing the government’s dirty work for them. Is unemployment preferable to segregation?

This is not the 70s- its 2012. Those not in work are being pursued by a regime of Atos testing repeated assessments and loss of income, or  being put on JSA and workfare placements, all are labelled scroungers and frauds.  Organisations take up more and more church halls  every day to provide food parcels,  people are being left without any income, suicide rates amongst disabled people are increasing, unemployment is at an all time high, many disabled people have lost jobs and rates of unemployment for disabled people, like those of every other group, are increasing. The difference for disabled people is that when the employment market is good we have half of the rate of non-disabled people in employment. It is more difficult for disabled people to find employment and very little has been done to change that. So how can any disability organisation ‘back’ more disabled people being thrown into this situation-who are disability organisations working for?

It’s down to the Sayce report and review. In a nutshell this said that Remploy factories cost too much for the government to run and if the government closed the factories, then it could put more money into Access to Work and support more disabled people-many were sold on this but isn’t it all a bit too simple?

Access to Work have been restricting and changing criteria since 2010, making employers pay more for changes, reducing the list of items that could be claimed from AtW and have hounded those on AtW in an effort to get them off it. Will we see charges for employers reduced? The list of items that can be claimed for under AtW increased? Or a lessening of the hounding of those with learning difficulties and others by AtW?

We don’t think so either – neither will we see the itemised cost of this ‘independent’ Sayce review rumoured to be 2 million pounds. In its response to the ‘independent’ Sayce review in September 2011 DPAC said:

DPAC proposes that the costs of the reports, individual payments, meetings and committees attached to the Sayce report are made transparent, the current rumour is a cost of 2 million pounds– DPAC suggests that this figure may have been of more use if half was put into Remploy factories with the remainder making up for the increasing cuts being administered to AtW which is curtailing disabled peoples’ opportunities to work.

DPAC also said:

The ‘independent’ Sayce consultation is a remarkable volt face from the government and a shameful collusion by a disability charity in an agenda that will do very little, if anything to aid disabled peoples’ employment, conversely it appears to seek backing to make more disabled people unemployed through the closure of Remploy factories

Of course as we have seen with other consultations and reviews the formula of ‘they ask and do it anyway’ applies. The decision had already been made. The Sayce report also claimed that 100% of disability organisations said Remploy should close, DPAC said:

It is ironic that the ‘independent’ Sayce report seeks to remove the specialist or segregated employment in Remploy factories (backed by the rather dubious claim that 100% of disability organisations said Remploy factories should close), while at the same time the coalition government seeks to substantially increase levels of segregated schooling.

In the recent press releases from Miller and RADAR we have seen nothing of one part of the review : a question that asked: Do you agree that Remploy’s Employment Services should be sold and transformed into a mutual, social enterprise or other model? DPAC said:

Remploy workers and their unions should be consulted on this; they should have been consulted from the first…Remploy factories should continue to be subsidized, it is the management and board structure that should be removed with control going to disabled people as workers and their unions.

So why aren’t the formal disabled peoples’ organisations all calling for this and backing disabled people at Remploy?

Only one person from a formal disability organisation mentioned this:

 Julie Newman, acting chair of the UK Disabled People’s Council, said the idea of sheltered, segregated workplaces belonged in the last century, but disabled Remploy workers should be supported to take control of factories themselves, setting up user-led social enterprises.

If the formal disability organisations cannot start to wake up to the reality of life under this government for most disabled people then they should at least pay some attention to the criticism of Les Woodward who said:

I cannot see how making the best part of 2,000 people redundant is going to advance the disability agenda one iota.

He called on them to visit and talk with Remploy workers. We call on them, and especially Liz Sayce to do so too. We also call on them to challenge the government on the proposal of Remploy workers developing their own social enterprises run and controlled by disabled people, because the words and actions they’ve issued so far do not suggest that they are on the side of disabled people anymore




The e-petition to save Remploy factories is at: https://www.saveremployfactories.co.uk/

 

Mar 092012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

DPAC was formed by a group of disabled people after the 3rd October mass protests against cuts in Birmingham,England. The 3rd October saw the first mass protest against the austerity cuts and their impact on disabled people-It was led by disabled people under the name of The Disabled Peoples’ Protest.

DPAC co-founders are the original Disabled Peoples’ Protest organisers.

DPAC is for everyone who believes that disabled people should have full human rights and equality. It is for everyone that refuses to accept that any country can destroy the lives of people just because they are or become disabled or sick. It is for everyone against government austerity measures which target the poor while leaving the wealthy unscathed. It is for everyone who refuses to stay silent about the injustices delivered by wealthy politicians.

DPAC has several hundred formal members and over 3,000 disabled people and carers subscribed to our facebook and website. We campaign together with an increasingly wide range of other disabled people’s campaign groups and other organisations.

We have collated our response to this consultation by using information that has been given to us by our supporters and consider it to be a factual response based of how disabled people feel and how afraid they are at the current time.

Realising aspirations

  1. What ideas do you have that could make a difference to you in getting an education, getting a job or being able to live independently?

Education

Adequate funding to meet additional needs of pupils in schools, colleges and universities is essential to allow disabled children and young people to get an education. Cuts to local authority budgets is having a negative impact on this funding.

All disabled children should have a legal right to have a mainstream education. Due to the continuing emphasis on exam results and league tables Academies and free schools are not including disabled children in schools. It is essential that local authority funding can be used by such schools to fund the additional needs of disabled children and that they can access local authority services for SEN education.

As many families with disabled children already live in poverty the removal of Education Maintenance Allowance is stopping disabled children from being able to afford to stay on in schools.

The closure of the Independent Living Fund and cuts to local authority care budgets also means that young disabled adults are not getting the care and support funding they need to go to university. There is also no adequate funding available to meet the costs for any disabled person going to university who needs an additional bedroom in halls of residence for 24 care.

University fees of £9,000 a year make it difficult for disabled students who also have other additional costs to study being able to contemplate going to university, especially with the barriers they will then face trying to get and keep work in an economy with rising unemployment. Unlike non-disabled peers disabled young people are often not in a position to even move from one county to another as care funding is not transportable, let alone consider working in another country.

 

Jobs

Without an adequate education getting a job will become more difficult and more disabled young people will be excluded from the labour market.

Many aspects of Access to Work funding have been slashed eg. Some assistive technology which also affects job opportunities as smaller firms, including many of our own Disabled People’s Organisations will no longer be able to afford to make the reasonable adjustments that might be needed in workplaces. The loss of local authority and central government jobs in which the majority of disabled people currently work also means that the likelihood of disabled people being able to get employment will shrink.

The closure of Remploy factories and other sheltered workshops such as Shellforce inBirminghamwill further have a negative effect on disabled people’s ability to find and keep work. In the last round of Remploy factory closures only 5% of those made unemployed were able to obtain alternative employment.

Even paid jobs stacking shelves in supermarkets will become harder and harder to get as the numbers of non-disabled people forced onto still mandatory, unpaid work schemes will mean that companies no longer need as many paid staff for such vacancies.

The plans to send disabled people who possibly have multiple impairments or those who are dying from cancer on workfare schemes for indefinite lengths of time leaves little for anyone to say but can only be viewed as an absolute disgrace. Surely to force someone to work during the last few months of their lives and to remove benefits from them if they re unable to do so amounts to torture.

The scrapping of Disability Living Allowance and the arbitrary removal of half a million disabled people from  entitlement to PIP is a further factor that is likely to increase unemployment amongst disabled people. Currently many disabled people are only able to work because they receive DLA and without it they will no longer be able to work. DPAC have already come across several disabled people who have lost DLA and because of this their jobs. Whilst their DLA was re-instated at appeal. Over 10 months later this has not helped them regain employment.

The new PIP assessment must not create a disincentive to using aids and adaptations and should be independently reviewed with the involvement of disabled people’s organisations before being rolled out nationally. Entitlement to this benefit must continue to be based on the principle that this is a benefit based on the additional costs of impairment, and not based on a biopsychosocial model of disability. Changes to PIP should not start with the aim of removing 20% of disabled people from entitlement to the new benefit. DPAC also feel that the cost of this change £675 million could better be spent retaining DLA and continuing to support the 20% of disabled people who will lose entitlement.

 

Come 2015 if there is no replacement for ILF funding, which local authorities have said they can’t make up, then many more disabled people who currently are working will not have the support they need to continue to do so. I’m sure several members of Equality 2025 will agree with this.

Living Independently

As said above the loss of DLA and ILF funding will prevent independent living, and put this government in breach of its obligations under article 19 of the UN Convention on Rights of Persons with Disabilities.

Further the lack of an adequate stock of affordable, and accessible properties will also prevent many disabled people from living independently. The cumulative effect of Housing Benefit changes and changes to DLA particularly for anyone under 35 years of age could well result in catastrophic levels of homelessness for disabled people. There has been no Equality Impact Assessment of any cumulative effects of benefit changes, or of how such changes will effect passporting via DLA for other benefits.

The Joint Committee on Human Rights (JCHR) carried out an inquiry into the implementation of the right to independent living as set out in Article 19 of the United Convention on the Rights of People with Disabilities (Disabilities Convention). The Disabilities Convention sets out the steps that governments must take to ensure disabled people enjoy their human rights. It was ratified by the UK Government in June 2009.

 

This inquiry concluded that the government is not taking the Convention seriously enough and  current mix of human rights, equality and community care law is not sufficient to protect and promote the right to independent living. DPAC would add that this is particularly true in relation to funding cuts.

 

Summary

All the current cuts will increase unemployment and homelessness amongst disabled people and make them more dependent on benefits which is exactly the opposite to what the government say it wants.

Cuts to ILF,care funding and benefit levels will mean that pressure will increase ultimately on the NHS which will be much costlier in the end than helping to keep disabled people in reasonable health, out of poverty and living independently.

We feel that there is no real understanding of disability issues shown in current policies and that this government need urgently to start talking to real disabled people and our real organisations before even greater numbers of disabled people start to commit suicide as they see no future for themselves.

Individual control

4. What helps you to have choice and control over your day-to-day life and the support you get?

The right levels of benefits for those who are unable to work, the right level of care and support for all disabled people, including older disabled people and children. Without these things being right and most are outlined in question 1 above then choice and control does not exist for disabled people.

5. What else would help you to have more choice and control over your day-to-day life and the support you get?

Disabled people already face persistent, significant disadvantages in relation to choice and control and levels of participation in economic and social life, however the cumulative effect of reductions in social care funding, restricting eligibility for social care and welfare reform measures form a significant risk of retrogression of independent living and a breach of Article 19.

 

The scrapping of cuts to benefits and services which are being proposed will breach disabled people’s rights under the UNCRPD.

Access to well-funded and responsive NHS and Mental health services. Private health insurance will not be of any help to disabled people who have pre-existing medical conditions even if they were able to afford it.

The right to independent living should be added as an outcome in any forthcoming adult social care bill inEngland.

The Disability Strategy should include measures to monitor the impact of restrictions on eligibility for adult social care on disabled people’s access to independent living. Although ILF funding has been stopped to new applicants from 2010 there are no figures or information available about how this has affected disabled people who would previously have been able to access ILF funding but who now cannot.

This is unacceptable and the ODI, devolved administrations and local authorities must monitor the impact of reform and spending cuts on the right to independent living and report on the extent to which reform to the ILF, DLA and housing benefit are preventing the government and local authorities to deliver their Article 19 obligations.

Being forced to work, and forced to move homes to ever cheaper areas will also mean that disabled people lose access to the health and other vital services they rely on. For some eg. Those with visual impairments and learning difficulties this will be very difficult to cope with. For anyone with a care package they are likely to end up with a greatly reduced care package as the new Resource Allocation System does not appear to work well.

6. What would help you to access services and activities which suit your needs? For example education, transport, health, social care, and sport, social and recreational activities.

Education

More funding for mainstream education. Fewer ‘special’schools. A legal right to a mainstream education for all disabled children

Transport

More accessible transport, an end to Boris’s replacement buses froLondonas they are not sufficiently accessible for wheelchair users.

No cuts to mobility allowance as the environment is still far from being fully accessible to people with a wide range of impairments.

Changing attitudes and behaviour

8. What works well in changing the way other people treat disabled people?

Not having DWP ministers portray disabled people as frauds and benefit scroungers would go a long way towards making non-disabled people treat disabled people less badly. They have distorted fraud rates and not made it clear that the figures they have quoted include much higher rates of error. This is either totally dishonest or totally incompetent on their part.

This type of behaviour has resulted in rising numbers of hate crimes.

https://www.equalityhumanrights.com/legal-and-policy/inquiries-and-assessments/inquiry-into-disability-related-harassment/hidden-in-plain-sight-the-inquiry-final

9. What else is important in changing the way other people treat disabled people?

Due to the lies told by ministers media coverage of disability and disabled people has often been very negative and this too must change.

https://www.inclusionlondon.co.uk/bad-news-for-disabled-people-report-reveals-extent-of-media-misrepresentation

Inclusive education would allow disabled children to be seen by others as ‘normal’ and not in need of being segregated from society.

10. What can we do to make sure that everyone recognises the contribution that disabled people can make?

Provide adequate funding to meet the rights guaranteed to disabled people under the UNCRPD, stop ministers lying about them and challenge negative media coverage.

Work out a way for real ‘joined up thinking’ to become a reality. There seems to be a total lack of coordination between Government and other public authorities to meet their obligations under the Convention.

 

11. Do you have any suggestions for how we should implement and monitor the Strategy once it is developed?

It should be monitored independently by an NGO of disabled people which is funded by government but which otherwise has complete independence from it.

12. Is there anything else you would like to tell us?

Any government policies on disability issues should make sure that disabled people’s rights under the UNCRPD are not only upheld but strengthened. This is clearly not the case at present and urgent steps must be taken to address this failure of government.

https://www.un.org/disabilities/convention/conventionfull.shtml

DPAC believe that current government policies are breaching not only Article 19 – a right to independent living but also

Article 16- freedom from exploitation, violence and abuse

Article 25 – Health

Article 27 – Work and Employment

Article 28 – Right to an adequate standard of living

Given the vicious attacks against disabled people by this government which are leading nearly every disabled person we have contact with to live in abject and daily fear we feel a consultation like this about future aspirations is perhaps badly timed and inappropriate as so many disabled people do not feel they have any future.

 

We believe that the extremely high levels of distrust disabled people hold for Maria Miller makes her position as Minster for disabled people untenable and call for her immediate resignation.

 

We’d like to say finally that we share the concerns expressed by Countess Mar (Vice Chair of the APPG for ME): At a recent APPGD meeting Countess Mar said she is receiving emails every day from disabled people worrying about the assessment system and how they are likely to fall underneath the net because they are not considered sick enough.  She is also getting e mails from people who say that they are beginning to be publically discriminated against.  “I hate to speak the unspeakable… gbut may I remind you of what happened in 1930s Germany when disabled people and elderly were regarded as being a burden on the state, and may I remind you what happened to them.  We don’t want to sleep walk into that situation”.

 

What we think ODI need to do

 

  • We need a base-line on the poverty of disabled people setting up-This would be based on
  1. disabled peoples’ income against non-disabled people.
  2.  their housing situation and in particular whether lack of accessible housing is preventing independent living, whether the changes to Housing Benefit legislation are leading to more homelessness amongst disabled people and whether people are being evicted from adapted properties because they can no longer afford the rent.
  3. access to representation in benefit issues.
  4. the type of educational establishment disabled children attend ie. segregated/mainstream and whether this has ben forced on them or is their families choice
  5. how many young disabled people are being denied an adequate level of care and support funding to allow them to go to university or college, and lead independent lives.
  6. This data should be monitored and updated annually by a user-led organisation funded for that purpose or a DPO university consortium in which all partners have equal status.
  7. Any strategy must have milestones and targets for the implementation of recommendations. At the moment there are many recognised areas where disabled people and children are not being supported to attain their human rights as guaranteed in UNCRPD, and EcHR.
  8. There must be a set of proposed actions by each recommendation in this strategy with defined timescales to achieve set targets to improve the situation, targets must be measurable and comparable that is X number of people/children must be removed from the negative situation within X months and a record should be kept of the successful/failure of targets in order to monitor the government/local authority effectiveness on key issues affecting disabled people and children
  9. We know that the Independent Living Strategy is failing due to cuts at both national and local levels particularly with the failure of the Resource Allocation System and thought must be given to how the aims of this strategy can be implemented and progress towards meeting its targets can be properly measured.

 

 

 

 

 

 Posted by at 20:47
Mar 022012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Two leading Scottish disabled people’s organisations have accused the minister for disabled people of lying about their involvement in a UK government consultation on welfare reform.

Three organisations – Inclusion Scotland (IS), Lothian Centre for Inclusive Living (LCIL) and Independent Living in Scotland (ILiS) – were so angry at Maria Miller’s claims that they boycotted a meeting with her that should have taken place last week.

Miller had written in the Guardian: “I have personally met with over 60 disabled people’s organisations in the development of personal independence payment [PIP, the benefit due to replace working-age disability living allowance]and visited disabled people around the country to hear their views.”

A list of 50 of those disability organisations, obtained by Disabled People Against Cuts through a Freedom of Information Act request, included the names of IS, ILiS and LCIL.

But two of them – IS and LCIL – have told Disability News Service that they have never met with Miller.

They are also the latest organisations to express anger at how Miller has “misrepresented” the views of DPOs by implying that the government’s welfare reforms are backed by the disability movement and other disability organisations.

The meeting they boycotted was to take place in Edinburgh last week and was intended to discuss their response to a consultation on the government’s disability strategy.

Inclusion Scotland said it attended two meetings about the development of PIP with Department for Work and Pensions representatives last August, but Miller was not at either of them.

Bill Scott, manager of Inclusion Scotland – a national consortium of DPOs and disabled people – said: “It was a lie and there is no doubt about that. She shouldn’t have said that.

“She then went on to say there was a consensus in favour of welfare reform. There is no such consensus. On welfare reform, we are just implacably opposed to what they are doing.”

Scott added: “We just wanted to make a point last week that we were not going to be misrepresented. We have been very, very vocal opponents of welfare reform.”

He said IS would now have to examine its future involvement with the UK government on a “case by case basis”.

Catherine Garrod, information coordinator for LCIL, also said Miller had lied about meeting personally with her organisation.

She said: “We thought we had been misrepresented by the minister for disabled people. We are strongly opposed to what is happening with the welfare reforms.

“Everybody knows they have consulted, but they have not listened to what the response has been.”

Because of Miller’s actions, she said LCIL would now probably refuse to take part in any future meetings with the minister, although it would continue to provide written responses to UK government consultations.

A Department for Work and Pensions spokeswoman said: “The minister for disabled people was not referring to a specific meeting attended by 60 disabled organisations but was intending to make a more general point about the extensive consultation in which she and officials have been engaged since May 2010.”

1 March 2012 – News provided by John Pring at www.disabilitynewsservice.com

 

 

Mar 012012
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

The Joint Committee on Human Rights (JCHR) today publishes its Report on the implementation of the right of disabled people to independent living in the context of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which was ratified by the UK in 2009. The Report draws attention to a number of significant human rights issues, including:

 

  • the need for freestanding legislation to protect the right to independent living in UK law,
  • the effect of current reforms to benefits and services on the ability of disabled people to enjoy independent living,
  • the role played by the UNCRPD in policy development and decision making at all levels of government,
  • the use of equality impact assessments,
  • the effects of devolution on implementation of the UNCRPD, and
  • hate crime

 

The right to independent living does not exist as a freestanding right in UK law. Although it is protected and promoted to some extent by a matrix of rights, the Committee believes that this is not enough. It argues that the Government and other interested parties should immediately assess the need for, and feasibility of, legislation to establish independent living as a freestanding right. In addition, the Committee concludes that the UNCRPD is hard law, not soft law, and that the Government should fulfil their obligations under the Convention on that basis, and counter any public perception that it is soft law.

 

The Committee finds that:

 

  • reforms to benefits and services risk leaving disabled people without the support they need to live independently;
  • restrictions in local authority eligibility criteria for social care support, the replacement of the Disability Living Allowance with Personal Independence Payment, the closure of the Independent Living Fund and changes to housing benefit risk interacting in a particularly harmful way for disabled people;
  • some people fear that the cumulative impact of these changes will force them out of their homes and local communities and into residential care.

 

It also finds that:

 

  • the Government had not conducted an assessment of the cumulative impact of current reforms on disabled people. The Report urges them do so, and to report on the extent to which these reforms are enabling them and local authorities to comply with their obligations under the UNCRPD.

 

  • the UNCRPD did not appear to have played a significant role in the development of policy and legislation, as is required by the Convention. The Committee therefore argues that the Government should make a commitment to Parliament that they will give due consideration to the articles of the Convention when making legislation.

 

Further, the Committee deprecates changes to the duties of public authorities in England under the Equality Act 2010, which no longer require the production of equality impact assessments of changes in policy, nor the involvement of disabled people in developing policies which will affect them.

 

The Committee finds variations in the manner in which the devolved administrations have implemented the Convention, and uncertainty as to the role the UK Government should play in ensuring implementation. The Report notes with disappointment the lack of a strategy in Northern Ireland to promote independent living and reminds the UK Government to acknowledge their responsibility to ensure implementation.

 

The Committee also considers a range of other issues relating to independent living. It recommends that the Government should take further action to ensure that assessments for care needs are portable across the country in order to ensure disabled people’s right to choose their place of residence. It also expresses concern over a growing incidence of hate crime against disabled people and urges the Government take action to foster respect for the rights and dignity of disabled people.

 

 

Dr Hywel Francis MP, Chair of the Committee, said: “We are concerned to learn that the right of disabled people to independent living may be at risk through the cumulative impact of current reforms. Even though the UK ratified the UNCPRD in 2009 with cross-party support, the Government is unable to demonstrate that sufficient regard has been paid to the Convention in the development of policy with direct relevance to the lives of disabled people. The right to independent living in UK law may need to be strengthened further, and we call on the Government and other interested organisations to consider the need for a freestanding right to independent living in UK law.”

 

 

The members of the Committee Are:

Rehman Chishti MP (Conservative Gillingham and Rainham) Baroness Berridge (Conservative)
Mike Crockart MP (Liberal Democrat Edinburgh West) Lord Bowness (Conservative)
Dr Hywel Francis MP (Labour Aberavon) (Chair) Baroness Campbell of Surbiton (Cross-Bencher)
Mr Dominic Raab MP (Conservative Esher and Walton) Lord Dubs (Labour)
Mr Virendra Sharma MP (Labour Ealing Southall) Lord Lester of Herne Hill (Liberal Democrat)
Mr Richard Shepherd MP (Conservative Aldridge-Brownhills) Lord Morris of Handsworth (Labour)

Clerks to the Committee:

Mike Hennessy (House of Commons) 020 7219 2797 John Turner (House of Lords) 020 7219 6772

Enquiries: 020 7219 2467        Fax: 020 7219 8393        E-mail: jchr@parliament.uk

Homepage: https://www.parliament.uk/jchr

Media Inquiries:  Liz Parratt: 07917 488978.

May 082011
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Would you consider a person who became spontaneously unconscious once every five weeks fit for work? Would you employ them? Would you consider them fraudulent if they claimed that this condition was disabling?  In the March 2011 version of training guidelines for the Atos Work Capability Assessment two of these options are valid. The Work Capability Assessment would rate such a person as fit for work and as a result a person who is neither sick or disabled[1].

The Work Capability Assessment is carried out for those migrating from Incapacity Benefit and for new claimants to Employment Support Allowance (ESA). It was put in place by New Labour in 2008. It is administered by the French/Dutch Company Atos at a cost of 300 million. Those going through the test can be put into one of three groups.

  • ESA Support Group not required to undertake work-related activity – but will be reassessed continuously
  • ESA Work Related Activity Group, for those deemed fit for work with support and preparation. Limited to just 12 months before ESA is stopped, also may be subject to reassessment in the 12 month period.
  • Fit for Work not entitled to ESA but transferred to lower amount on Jobseeker’s Allowance

One estimate claims that up to 500,000 people have been wrongly denied Incapacity status[2]. In a 2011 February piece in the Guardian Amelia Gentlemen argues:

Since its preliminary rollout in 2008, people with terminal cancer have been found fit to work, people with mental health problems have complained their condition is not taken seriously, people with complex illnesses report that the tick-box system is not able to cope with the nuances of their problems.[3]

Citizens Advice Scotland reported that under incapacity benefits 37% were found ‘fit for work’ under Work Capacity Assessment, the figure had soaredto 66%[4]

Between October 2010 and Spring 2014 those who receive Incapacity Benefit, Severe Disablement Allowance and Income Support paid on the grounds of illness or disability will be assessed for Employment and Support Allowance. Pilots in Aberdeen and Burnley have raised more criticisms of the process adding to the raft of criticisms from the British Medical Association, the originator of the software that Atos uses, GPs, Citizens Advice Bureaus (CABs), Members of Parliament and disability organisations.

The Work Capability Assessment replaced the Personal Capability Assessment. Yet, as long ago as 2006 the Green Paper: A New Deal for Welfare: Empowering People to Work, stated  ‘the current Personal Capability Assessment process (is) already recognised by the OECD as being one of the toughest in the world’.

Case studies have shown the inhumanity of a system based on government targets and the pain and misery of the increasing stringency of these tests. One example from the 2010 report from the Citizens Advice Bureau’s report on ESA and testing procedures highlights the experiences that someone considered ‘fit for work’ by WCA might endure:

A Yorkshire bureau saw a woman in her forties who was working full-time and was enthusiastically looking forward to starting a new job, when she became ill. At first it was thought she had a viral illness, but she was subsequently diagnosed with lupus erythematosus and transverse myelitis. She was in a great deal of pain in her muscles and joints and had extreme fatigue. At times her balance was affected and she could not walk without someone to support her. Sometimes she lost sensation in her legs, and on her worst days she could not walk at all. Any exertion such as walking 40 or 50 metres led to days in bed. She had had a bad reaction to some of the treatment and an ECG showed her heart muscle had been damaged. Her husband had to come home from work each lunchtime to help her. Her immune system was weakened, so she had to be careful when mixing with others. She claimed ESA but was given six points in the Work Capability Assessment (WCA) and found capable of work. Her doctor supported her claim and she is currently appealing, but under Incapacity Benefit she would probably have been exempt and would have avoided this process

The WCA does not take into account GP assessments of an individual’s impairment or long term condition, this is ignored in favour of an, or average, 15-45 minute set of questions administered through the LiMAS software developed by Atos. LiMAS asks a set of questions for which the applicant can, but increasingly can’t, score up to 15 points which would put them in the ESA support group. As GPs who may have known applicants for all of their lives with an understanding of the medical, social and emotional impacts are ignored, a new set of individuals come into play called ‘health care professionals’. These individuals are trained by Atos for four to 16 weeks to understand targets and the all powerful LiMAS software; they are given time limits for each assessment and told that the more people they get through the better. They consist of physiotherapists, nurses and doctors usually with a general practice background or from overseas due to the notorious low pay of the multi- million pound profit Company Atos.

In 2008 The Department of Work and Pensions and Atos were severely criticised by Robert Martin the president of the appeals Tribunal Panel, a position now abolished:

Criticism was made of ATOS Healthcare medical practitioners who did not appear to pay sufficient attention to the appellant at the medical examination and who produced findings in medical reports based on observations that were inconsistent, or recorded in the medical report findings that were contradictory’[5]

In 2010 an independent review of the WCA tests by Professor Harrington concluded

There is strong evidence that the system can be impersonal and mechanistic, that the process lacks transparency and that a lack of communication between the various parties involved contributes to poor decision making and a high rate of appeals.” and that “evidence has consistently and regularly highlighted problems with each stage of the WCA process, which limit both the assessment’s fairness and effectiveness.

In a government report, Atos’s own staff said the assessments are too harsh. Prospect, the trade union who represents 135 Atos doctors, has stated that the target of seeing ten or more people a day is unrealistic and will lead to wrong assessments, especially in complex cases[6].

Despite the overwhelming evidence that WCA was not working Atos were awarded a further contract by the Department of Work and Pensions in 2010.

Figures not Identified in the Media

The figures of those considered ‘fit for work’ by Atos testing systems regularly make headlines in newspapers such as the Daily Mail, the Express, and most recently the Guardian, but little investigative journalism has been exercised in examining this apparent miracle of ‘curing of the sick and ‘the disabled’, nor looking at process, outcomes or the ways that these figures are produced.

For example, newspapers do not tell us that there has been a 56% increase in ESA appeals with figures up from 25,700 in the second quarter of 2009/2010 to 52,000 in the same quarter of 2010/2011[7]. Almost half of cases are overturned at appeal[8].Nor are we told that figures from the Department for Work and Pensions show that of those declared ‘fit for work’ by the WCA system, just 13% are in employment, 27% temporarily sick and 28% classed as permanently sick[9]. The ‘fit for work’ myth does not convert into any form of reality.

Nor is the context of the claims ever provided, a representative survey carried out by Ipsos MORI and reported in Employment and Support Allowance: findings from a face to face Survey commissioned by the Department of Work Pensions found that nearly a third of those going through the ESA process were described as having ‘literacy problems’. A further six per cent ‘problems speaking English’ and 11% had ‘numeracy problems’. Twenty two percent were described as in one or more disadvantaged groups including those with mental health issues, ex-offenders, and those with perceived learning difficulties.

An overwhelming 69% of those going through the WCA process had ‘multiple health conditions’. Those in the support group and in the ‘fit for work’ group both had the same number of ‘health conditions’ at 31.

In all groups 81% of people were receiving medical treatment for their condition, with 38% waiting for treatment or additional treatment [10] These statistics do not present us with a set of fraudsters pretending to be sick or disabled, nor a set of individuals who have been languishing on incapacity benefits for years, in fact 71% of applicants to ESA were new claimants making their first ever claim[11].

Newspaper headlines have also made much of the incomplete claims and those that ‘drop out’ of the testing system. This rhetorical demonising does not examine the process of WCA claims nor take into account the medical treatment. The first form that individuals will receive from Atos is an ESA50 form, of those surveyed almost half 46% said they found the form ‘difficult’ or that they were ‘unable to complete it’. An initial point for non-completion, others could be knocked off the system if Job Centre Plus decide that they have missed an appointment, or not responded to a letter without ‘good reason’. This would seem to complement the new punitive sanctions for universal credit and welfare reform first expressed in the Welfare Reform Bill.

The costs of tribunals, Atos contracts and the extra strain on the health service amount to a million pound fraud by successive governments. This does not count the human anxiety, misery or stress of the test, nor the suicides that have resulted because of it. Remarkably, Chris Grayling minister for employment (note minister for employment, not health or disability) said the government was making “almost constant improvements” to the WCA, but that he was “always willing to talk to the charities”, not disability organisations run and controlled by disabled then. He said “if we do something that does not prove to be the right thing, we will be happy to change it”[12]. The new set of training guidelines proves that changes have been made. However, these changes make the WCA more not less stringent, maybe the percentages of those declared ‘fit for work’ did not satisfy the existing regime.

New Training Guidelines for Atos ‘Health Care Professionals’ 2011

The training guidelines for the work capability assessment have made a number of changes which came into force in March 2011to be incorporated into a revised Work Capability Assessment. The text below is copied from the Department of Work and Pensions Training & Development Revised WCA Handbook ESA (LCW/LCWRA) Amendment Regulations 2011 version 2. The introduction states:

This handbook has been written to support Health Care Professionals (HCPs) trained in the principles of Disability Analysis; in their training and in performing medical assessments in relation to the Employment and Support Allowance Limited Capability for Work / Limited Capability for Work Related Activity (LCW/LCWRA) Amendment Regulations 2011. The amendment regulations of 2011 may also be referred to as “The Revised Work Capability Assessment” (Revised WCA).

Page 9 amazingly states: ‘The analysis of the data established that the WCA (ESA regulations 2008) was accurately identifying a person’s capability for work’.

However, an internal review produced the following recommendations. Text below is copied from pages 9-10 outlining the recommendations. Sections in bold are my own ‘disability analysis’.

Lower Limb Function

In this area, it was felt that the 2008 activities did not accurately reflect the level of function required for the modern workplace. As a result “walking” has been changed to “mobilising” to reflect the functionality of wheelchair users. It was also felt that considering standing and sitting abilities as separate entities was not relevant in the modern workplace and the new activity relates to the ability to remain at a workstation. In the 2008 descriptors, bending and kneeling were considered, however the ability to bend or kneel are no longer considered critical in the modern workplace, so this activity has been removed.

If you cannot stand, have difficulty sitting or cannot walk its OK because you have the ability to ‘remain at a workstation’ how you get to this ‘workstation’ is another matter. ‘fit for work’

 

Upper Limb Function

The review group felt that unilateral upper limb restriction would not significantly impact on an individual’s ability to work and therefore all descriptors now relate to bilateral restriction. As bilateral restriction is a significant issue, the manual dexterity scores have been revised to reflect this issue.

If you cannot move your arms, or hands presumably to type at your workstation ‘fit for work’ if you have no function in your legs but can mobilize 50 metres ‘fit for work’

Sensory Function

In the 2008 regulations, the activities in this area reflected impairment. Adaptation had not been taken into account in these areas. The review group felt that an individual’s ability to adapt must be taken into account and therefore the activity of vision has changed to the concept of being able to safely navigate. The activities of hearing and speech have been changed to the more functional concept of being able to receive communication and communicate with others.

If you are blind, deaf, Deaf or unable to speak you are ‘fit for work’ It’s about being able to safely navigate and receive communication and communicate with others, presumably with unavailable space age communication aids.

Continence

This made the assessment overly complex and thus the descriptors have been amended to reflect any loss of continence. The loss of dignity associated with incontinence has been reflected in the scoring of the descriptors.

Incontinence is too complex for the WCA but the loss of dignity is reflected in the new scoring ‘fit for work’

Consciousness

In this area, it was felt that infrequent loss of consciousness would not substantially impact on a person’s ability to work and therefore only those experiencing weekly or monthly episodes of loss of consciousness will be awarded scoring descriptors.

If you spontaneously lose consciousness once every five weeks ‘fit for work’

Mental Function

In understanding and focus, it was felt that the 2008 descriptors were complex and difficult to interpret. These have therefore been simplified. In the area of learning tasks, how an individual learns is no longer considered to be the crucial factor – it is their ability to learn that is considered. In awareness of hazard the review group felt the important issue in the workplace was to assess the level of risk for the person and others. The activity of personal action has been amended to reflect a person’s ability to prioritise and complete tasks.

In adapting to change, the highest descriptor reflects a total inability to cope with any change and is now a Support Group. In getting about, it was considered that the familiarity of a place was more important in functional terms rather than the frequency of ability to get to places.

In the area of social interaction, the review group felt the previous descriptors were rather negative in their wording and the new descriptors relate to ability to engage in social contact an individual’s ability to behave in an appropriate manner with others.

Mental functioning is too complex for the WCA it’s no longer about learning simple tasks, but an ability to learn. If you are familiar with a place (?) this is considered more important than your ability to get to that place or any place with which you are unfamiliar with (?) ‘fit for work’. If you are unable to deal with social contact that’s OK as long as you behave in an appropriate manner with others ‘fit for work’

The Decline of Welfare: the rise of private profit

Neither the PCA or the WCA were ever really centred on assessing peoples’ fitness for work; they were always part of a mutual linking between successive Government’s will to cut social claims on the state, insurance companies such as the discredited UnumProvident (now renamed Unum Group) in the early days, and private companies such as Atos’ willingness to meet targets while increasing profit.

The entire process is likely to cost the hallowed taxpayer more than the original benefits bill did, the cost of Atos contracts, the cost of tribunals, and the cost of addition health care caused by the misery of the WCA add to the higher long term costs. Yet, it’s all done under the guise of state efficiency and the market economy.

The WCA is about exploiting aspects of the social model to develop a badly mutated individualistic ‘can do’ attitude merged with a culture of blame for ‘can’t do’ aspects of bodies and minds in an increasingly disabling welfare reformist climate.

It is a publically sanctioned fraud that misrepresents and bastardises its claims to support people while simultaneously undermining the logic, and the economic and social realities of any reasonable employment criteria. In 2007 Rutherford argued:

Welfare reform exemplifies the transformation of the old style nation state into a new kind of ‘enabling’ market state. Instead of providing social protection, the market state offers ‘opportunities’ and ‘choice’ to ‘customers’, who in return must shoulder a greater degree of responsibility for their individual predicament… But the compact between the state and an individual whose life has been disrupted by disability or sickness is not an equal one… The history of the British welfare system has always been one of grudging, paternalistic and sometimes punitive forms of social protection. But even measured against its own limited ambitions, the future of welfare looks bleak[13].

Debbie Jolly is on twitter : @redjolly1


[1]Revised WCA Training & Development Revised WCA Handbook ESA (LCW/LCWRA) Amendment Regulations 2011 March 2011

[2] https://www.guardian.co.uk/politics/2011/jan/03/incapacity-benefit-compass-survey-dwp

[3] https://www.guardian.co.uk/politics/2011/feb/23/government-reform-disability-benefits?intcmp=239 ‘The Medical was a Joke’ February 23rd 2011

[4] Citizens Advice Scotland. The work capability assessment. 2010.www.cas.org.uk/Resources/CAS/Migrated Resources/Documents/CR Work capability assessment.

[5] https://www.benefitsandwork.co.uk/news/latest-news/971-appeals-president-slams-dwp-and-atos

[6] https://www.edinburghagainstpoverty.org.uk/node/38

[7] Quarterly Statistics for the Tribunals Service, 2ndquarter 2010-11 Ministry of Justice and Tribunals service 13th January 2011.

[8] Three- Quarters of Sickness Benefit Claims Fit to Work says DWP Helen Mulholland, Guardian 28th April 2011 https://www.guardian.co.uk/society/2011/apr/28/three-quarters-sickness-benefit-claimants-fit-work

[9] Employment and Support Allowance: findings from a face to face survey, Helen Barnes, Paul Sissons and Helen Stevens DWP research report no 707 2010

https://research.dwp.gov.uk/asd/asd5/rports2009-2010/rrep707.pdf

[10] Employment and Support Allowance: findings from a face to face survey, Helen Barnes, Paul Sissons and Helen Stevens DWP research report no 707 2010

[11] Employment and Support Allowance: findings from a face to face survey, Helen Barnes, Paul Sissons and Helen Stevens DWP research report no 707 2010

[12] Work test reform plans could cause ‘confusion’ and ‘misery’https://www.bhfederation.org.uk/component/k2/item/1057-work-test-reform-plans-could-cause-%E2%80%98confusion%E2%80%99-and-%E2%80%98misery%E2%80%99.html January 2011

[13] New Labour, the market state, and the end of welfare, Jonathan Rutherford: Soundings 2007 https://www.lwbooks.co.uk/journals/articles/rutherford07.html

—Debbie Jolly

Debbie Jolly