Disability Rights Archives - Page 5 of 10

Apr 182014

We read with interest the piece in the Independent by Rachel Reeves and Kate Green regarding Labour’s response to the Work Capability Assessment [1]

Labour should realise that disabled people are deeply distrustful of any Labour reform of a Work Capability Assessment system, which Labour introduced in the Welfare Act of 2007 with the stated aim of removing 1 million claimants from the benefit system [3].

Our position has been and will be that the Work Capability Assessment is deeply flawed in its basic concept, not just in terms of the details of its delivery, and inclusion in the workplace for disabled people cannot simply be achieved by a ‘back to work’ test.

In the Reclaiming Our Futures, Disabled People’s Manifesto [4], we state that a priority demand from government is that:

A comprehensive and strategic plan of action is developed with disabled people and our organisations to tackle the discrimination and exclusion disabled people face in work and employment including: increasing quality and range of personalised support available to disabled people, strengthening disabled employees rights and tackling employer discrimination and poor practice

Other key demands include that:

Economic productivity must not be the only measure of people’s worth and value, volunteering offers as much value to society as paid employment. While we recognise that volunteering can offer additional skills, it should not be the default option for disabled people because of our exclusion from paid work

There must be policy and media recognition that there will always be disabled people who are unable or too ill to work. These individuals must be supported by a publically funded system. They should not be penalised or demonised as they are currently.

For true inclusion in the workplace for disabled people a wider approach is necessary including but not limited to:

• Will Labour commit to the restoration of Disabled Student’s Allowance,
• Will Labour commit to the restoration of the Independent Living Fund,
• Will Labour commit to the extension of Access to Work (AtW) to include unpaid voluntary positions,
• Will Labour commit to the reversal of the reduction of people who currently receive DLA, but will not receive PIP and also lose their Motability access,
• Will Labour commit to the reinstatement of the requirement for councils to produce equality schemes on employment and access
• Will Labour commit to the provision of accessible transport.
• Will Labour commit to the reinstatement of “day one” protection from unfair dismissal in employment law
• Will Labour commit to the provision of Employment Tribunals enforcing mandatory organisation-wide measures on preventing disability discrimination
• Will Labour commit to the provision that all government contracts, at a national, regional and local level, are only awarded to companies that are fulfilling measurable equality targets for the employment of disabled people

(for further points see reference 2)

These currently are some of the barriers to inclusion in the workplace for disabled people, and they will not be fixed by simply amending the WCA. The issue must be seen within the context of the wider interconnected system of barriers in place. It must be seen in terms of what a large majority of disabled people have already identified as key problems.

In terms of inclusion we also need from Labour, a recognition that for many disabled people to be able to work there has to be a nationally transportable social care system with a guarantee that people would keep the same levels of funding wherever they needed to move to work.

We need recognition that there is an onus on government and employers to fully accept the spirit of the Equality Act 2010 [4] with its requirement to the opening of work opportunity to disabled people. Without this, no “fit for work test” aimed at cutting disability benefits will make any impact whatsoever on the numbers of disabled people who can attain and sustain employment.

We also need from Labour a stronger recognition that there are many disabled people who cannot enter the work place and should not have to live in fear of being pressured into doing so.

There is much that the article leaves out and that leaves us with a number of serious concerns and questions.

While we are not yet prepared to endorse in any way Labour’s new approach to the Work Capability Assessment, we do see the article by Rachel Reeves and Kate Green as a helpful starting point for discussions on the future of inclusion of disabled people, who want and are able to work, in the workplace and we would welcome an opportunity to meet with them and discuss this further. We would like meet with Kate Green and Rachel Reeves to ask the following questions:

1. Will Labour commit to stop spending public money on private
contractors and return any assessments of disabled people back to GPs
with medical evidence taken into account as well as give a commitment to
look at the barriers to work for disabled people who can and want to
work (in line with the social model of disability)?

2. Will Labour commit to a time and date to talk with DPAC, My Legal,
the Mental Health Resistance Network, Black Triangle, Deaf activists,
those with learning difficulties ( with an outreach of ½ a million
disabled people) to listen to the views of the largest network of grass
roots disabled people on the WCA and ESA?

3. If Labour are committed to scrapping the WCA when will Deaf and
disabled people, and those with mental health issues have sight of the
detail of any alternative Labour is proposing?

4. If Labour accepts the harm, devastation and premature deaths that have
been an outcome of the WCA why have they chosen to suspend their
prospective parliamentary candidate for St Austell and Newquay, Deborah
Hopkins for speaking out in public about the harm caused by the WCA.

5. Will Labour address the disproportionate harm that the WCA and
sanctions on ESA and JSA are causing to all disabled people, in
particular those with mental health issues and learning difficulties?

6. We along with many others insisted that a centralised Independent Living Fund
for Scotland be established and it has been done. They have also promised to re-open ILF to new users, with a commitment of additional funds and recognition of its importance to independent living and obligations to article 19 of the UN Convention on the Rights of Persons with Disabilities. Why has the Labour
Party not promised to re-establish it south of the border?

Many of the Statements included in this response are taken from the UK Disabled Peoples’ Reclaiming our Futures Manifesto and are endorsed by a UK network of disabled people and Deaf and Disabled Peoples Organisations, including: ALLFIE, Inclusion London, Equal Lives, DPAC, Inclusion Scotland, Disability Wales and the TUC Disabled Workers Committee [2], who between them reach several million disabled voters.
References
1. How Labour would reform the Work Capability Assessment https://www.independent.co.uk/voices/comment/how-labour-would-reform-the-work-capability-assessment-9265479.html
2. The Reclaiming Our Futures, Disabled People’s Manifesto https://disability-studies.leeds.ac.uk/files/library/UK-Disabled-People-s-Manifesto-Reclaiming-Our-Futures.pdf
3. The Green Paper: The new deal for welfare: Empowering people to work. 2006 https://webarchive.nationalarchives.gov.uk/+/https://dwp.gov.uk/docs/a-new-deal-for-welfare-empowering-people-to-work-full-document.pdf
4. Equality Act 2010 https://www.legislation.gov.uk/ukpga/2010/15/contents

Apr 072014

We are very much looking forward to seeing everyone who can come to our national conference on Saturday but it is also important that those of you who can’t get there in person are able to take part. There are a number of ways you can do this:

Send messages of support and your ideas for what DPAC should focus on over the next year to mail@dpac.uk.net or @dis_ppl_protest.These will be put up on the graffiti wall at the conference and included in the notes from the day.
Watch the conference live on:

https://bambuser.com/channel/OccupyLondon and https://bambuser.com/channel/DPAC

Live tweet your questions and contributions to @dis_ppl_protest

Or email: mail@dpac.uk.net

The program for the day is at DPAC Conference 2014 Saturday 12th April – Conference Programme

Apr 042014

We’ve had a great response to bookings for the DPAC conference on Sat 12^th April in London, but places are now running out. Please email: dpacfightback@yahoo.co.uk

with your details, number of places needed and any access needs.

12th April 2014 – 11am until 5pm

London Met University, Tower Building, 166 – 220 Holloway Road, London, N7 8DP

Since we started in October 2010 Disabled People Against Cuts has been at the forefront of the fight against austerity. With Atos on the run, and the bedroom tax on the ropes we are seeing the results of hard campaigning. But there is much more to do to ensure disabled people’s rights to live independently and with an adequate income.

The national conference is a chance for DPAC members to come together, to share experiences and discuss your ideas for moving forwards.

DPAC are working hard to bring to conference a surprise guest, a person who, if anyone has, has been the catalyst for the re-emergence of disability activism in the last few years, someone DPAC has enjoyed a close relationship with from visiting him at home to donating underpants to supporting his select committee appearances.

Workshops will look at: – Where Now for the Independent Living Fund campaign, – Developing a Social Model of Distress, – Winning the Argument, – Disability, Art and Protest, – Building a National Network of Disabled People’s Organisations and Direct Action practical skills among others.

Please note places are limited so priority will be given to DPAC members. For information about joining please contact mail@dpac.uk.net

The venue is wheelchair accessible. BSL and a note taker will be provided. For access information go to: https://www.disabledgo.com/access-guide/islington-council/london-metropolitan-university-tower-building

For access queries including booking parking please contact DPACfightback@yahoo.co.uk
To book places or for more information please contact DPACfightback@yahoo.co.uk

Atos and DWP Protests : Everywhere 1st April

Action, All Posts, Atos, Bedroom tax, disability hate crime, Disability Rights, DLA, DWP, ESA, Events, local groups, News, PIP, Reclaiming our Futures, sanctions, WCA, welfare cuts 1 Response »

Mar 282014

DPAC supports the organisers of phase 2 of demos against ATOS and DWP.

Please see national Face book page for those organising in your area

https://www.facebook.com/ATOSNationalDemo?fref=ts

ATOS may have run away from the WCA contract, but they have plenty more contracts funded by public money from this unelected Government, including the disastrous PIP contract, in which people have been waiting for up to 10-12 months to obtain support. The DWP continue to oversee the round of cuts impacting on disabled people leaving them destitute or dead, sanctions are at an all time high.

Show them we’ve had enough-see you there…..

Getting Involved with DPAC

Action, All Posts, Disability Rights, DPAC Reclaiming Our Futures Action, ILF, Inclusive Education, Independent Living, local groups, Social Model, WCA, welfare cuts 5 Responses »

Mar 102014

There are many different ways to be involved in the work of DPAC. All are equally valuable. We all have a role to play in campaigning for disabled people’s rights and a fair society, in whatever way we can from taking part in protests to tweeting, from administrative tasks to writing poems, from making banners to conducting research. Every contribution is important, formal or informal. Some ways to get involved are:

– Joining as a member. You will receive occasional urgent action and information updates from us and have the right to vote at our general meetings.

– Signing up to the website for regular information

– updates every time something new is added to our website.

– Following DPAC on twitter: @Dis_Ppl_Protest and Facebook or the quieter Facebook page

– Joining or setting up a local group. Local groups need to follow the DPAC constitution. Local activity is really important for raising awareness about the impact of austerity on disabled people and leading the way in the fightback. For a list of local groups see HERE

– Or contact mail@dpac.uk.net

– Linking between DPAC and other campaigns and unions, for example Occupy, UK Uncut, the Anti Bedroom Tax and Benefit Justice Federation, Reclaim the Power, Fuel Poverty Action, Boycott Workfare, the People’s Assembly, local anti cuts groups, local trades councils and trade unions branches.

– Joining or being involved in the running of campaign sub-committees. We currently have sub-committees at different stages of development in the following areas:

o Atos and the Work Capability Assessment

o Independent Living Fund

o Access to Work

o Reclaiming the Social Model of Disability

o Disability, Art and Protest

o Direct action

o Inclusive Education

o Communications and social media

o Research

o Local groups

o Working with Disabled People’s Organisations – building a national voice

At the DPAC conference workshops will be held in each of the different campaigns and there will be a chance to sign up if you are not already involved.

– Being on the Steering group. At the conference we need to elect our steering group for the next year. There is more information about this below.

Steering group

One of the roles we have to make sure we run in a way that follows our aims and principles and is accountable to DPAC members is being on the Steering Group.

Being on the Steering Group is a big time commitment and is often a difficult job because there is so much to do.

For this reason in order to stand for nomination to the Steering Group we need people who can sign up to:

· Minimum of 5 – 10 hours commitment per week

· Corresponding regularly by and checking emails to stay in touch with developments and inputting to the development of DPAC initiatives

· Co-ordinating particular areas of work, involving members widely and working with allies

· Being involved in at least two sub-committees

· Taking responsibility for either co-ordinating or providing an active and supportive link to at least two local groups

· Representing DPAC at meetings, events and conferences sometimes at short notice

· Working collectively and positively within a team of people with contrasting access needs

· Following DPAC principles and values at all times:

o Social model of disability

o Rights not Charity

o Inclusive Education (no ifs no buts)

o Working within the broad left

o Equal opportunities and social justice for all regardless of ethnicity, sexuality, gender, disability, age, faith, employment status, resident status. No to scapegoating of any kind.

It is important we have a diverse steering group covering a range of impairments, equalities strands and areas of the country. We also recognise that due to fluctuating impairments people may need to step back from activity for temporary periods.

The current DPAC constitution sets the number of steering group members at 8 but the current steering group will be putting forward a motion at the conference for members to vote on enlarging the steering group to 12.

All those wanting to put themselves forward for the steering group must be full DPAC members. If you would like to put yourself forward for the DPAC Steering Group please send a 500-700 word statement to mail@dpac.uk.net

explaining why you would like to be on the Steering Group, how you are able to meet the commitment and any existing political/group affiliations before the 31^st March 2014.

This text will be put on the DPAC web site-you do not need to be able to come to the DPAC conference on the 12^th of April to be considered for election to the steering group, but we’d appreciate it if you could.

We’d like to say a big thank you to the past DPAC steering group for all their work, and invite them to apply again if they wish to

Anthony Kletzander- Abuse of Human Rights: Dublin, Ireland

Action, All Posts, Disability Rights, Europe, European Network on Independent Living (ENIL), Independent Living, international 1 Response »

Mar 092014

Anthony has the label of Autism, he does not use the spoken word but he is able to communicate very effectively through typing on his light writer. Anthony’s struggle for independent living highlights important issues for all disabled people, living in Ireland and Europe who have a human right to independent living as per article 19 of the UN Convention on the Rights of Persons with Disabilities.

The catalogue of mismanagement and abuse outlined below demands a full and independent enquiry into the unacceptable experiences of Anthony.

For almost three years Anthony (now 26) had his own apartment in Dublin, he had 24hr personal assistance, and he was attending university classes. His support was managed by Cheshire Ireland, who fully accepted and welcomed Anthony’s communication and his voice. Cheshire Ireland managed the funding for support for over two years, which was provided by Health Service Executive of Ireland (HSE).

However, without consultation with Anthony or his Family a new organization took over Anthony’s support arrangements Áiseanna Tacaíochta Network (ATN) This organization was imposed upon Anthony and his family by HSE.

ATN did not accept Anthony’s communication, which caused a breakdown of Anthony’s support arrangements, including the Director informing Anthony’s parents that he had completed the necessary forms to have Anthony’s personal disability benefits paid into ATN accounts; this was without consent or consultation with Anthony or his family. As a result Anthony’s personal disability allowance was suspended. (Leaving Anthony without his own money for 10 months). After six months of ATN management the director had a private meeting with HSE to recommend Anthony goes into residential institution for further assessments.

Anthony and his family opposed such a retrograde step. At the same time ATN took the bizarre step of refusing to renew the rental agreement on Anthony’s accommodation, which resulted in Anthony being made homeless. He therefore had no meaningful choice but to accept the residential assessment at Redwood Centre, Stamullen in Ireland.

Within days at Redwood Anthony was put on antipsychotic medication and taken off his important gluten and diary free diet, against the strong protest of himself and his family, and against medical advice of Anthony’s own doctor (GP). Redwood ignored these representations. A few days later Anthony was admitted as an emergency patient from Redwood to a general hospital having had a series of nine seizures. Anthony had never experienced seizures prior to being admitted to Redwood.

Redwood also refused to accept Anthony’s communication needs and after several months, still on the same medication Anthony was refused the right to attend his own case conference at Redwood by Redwood senior staff and by HSE.

Anthony was removed from Redwood in December 2013, but is now at another institution, as the option of moving back into his old accommodation is no longer available to him due to the actions of ATN.

Redwood has refused to comment on Anthony experience whilst at Redwood.

HSE has refused to comment upon Anthony’s experience at Redwood.

ATN has refused to comment on Anthony’s experience at Redwood or their actions.

All involved appear to deny responsibility for any of the severe impacts on Anthony’s life or the removal of his right to live independently through their actions.

Anthony and his family want a full and independent enquiry into the unnecessary and unacceptable actions leading to this total abuse of Anthony’s human rights.

Important Questions for the Health Service Executive:

1. Why did the HSE change Anthony’s support arrangements to ATN without consultation with Anthony or his family, prior to those arrangements being completed?

2. Why did the HSE allow ATN to take over the management of Anthony’s support arrangement when ATN had not consulted with Anthony of his family?

3. Why did the HSE allow ATN to stop Anthony’s personal disability allowance without any consultation with Anthony of his parents?

4. Why did the HSE allow ATN to end the rental contract of Anthony’s accommodation without Anthony’s or his family’s permission?

5. Why did the HSE accept the recommendations of ATN, for Anthony for residential assessment when ATN failed to discuss such a recommendations with Anthony or his family?

6. Why did the HSE allow Redwood to administer Antipsychotic medication and remove his gluten and dairy free diet to Anthony without his permission and against the advice of Anthony’s own family doctor and parents?

7. Why did the HSE not explain to Anthony or his family why he was admitted as an emergency patient to the general hospital?

8. Why did the HSE refuse to allow Anthony to attend his own Case Conference at Redwood?

Joe Whittaker

Whittakerjoe5@gmail.com

Friend of Anthony

Please email Joe with messages of support to pass on to Anthony, or if you can help in any way please contact Joe.

Reposted from European Network for Independent Living (ENIL) website with thanks https://www.enil.eu/news/anthony-kletzander-abuse-of-human-rights-dublin-ireland/

To ATOS and/or OH Assist & DWP: a plea for logic, any kind of bloody logic!

Action, All Posts, Atos, disability hate crime, Disability Rights, DLA, DWP, ESA, PIP, welfare cuts 9 Responses »

Mar 042014

We’ve stopped asking for basic humanity from you. We’ve stopped asking for fairness -it all falls by the wayside. You don’t care. Now we ask for logic …………well John does, but he is not alone, he is supported by DPAC and thousands of disabled people and those with long-term health issues. We hear that you ATOS/OH Assist want to pull out of the WCA, but want to keep the PIP contract despite a serious backlog and people being left for up to a year without any cash to support them. We all look forward to the day when these barbaric tests are scrapped, if you want to blame the DWP, fine, but several millions in public money paid to you suggests you also have something to do with it all too. By the way this message must not be construed as a death threat to your staff in any way- It’s a plea for logic, any kind of bloody logic, as feelings are clearly not your strong point or those of the DWP.

Below is the email DPAC received from John. John also emailed other disability charities, so I am sure they will be publishing something too unless they’re too tied up in Government funds to say a word, of course.

Below the copy of the email is a piece on the illogical questionnaire that is sent out to everyone having to endure this abuse by ATOS/OH Assist/DWP , or any future private company out to make a few million at the expense of peoples’ lives.

Hi,

Please do not think that this is an attempt to influence my own case in any way or enlist support – although the latter would certainly be welcome (head gets sore from banging against Atos’ brick walled- ignorance). As I am sure you are aware, there is a tendency for those of us unfortunate enough to be disabled – seriously or otherwise – to become isolated. I believe that it is important that we raise awareness and share information even on individual cases – hence this e-mail.

I am aware of many people who have suffered and still are suffering at the hands of Atos & the DWP, but I thought that you might like to hear of my experiences – and I have yet to even have a Work Capability Assessment!

I was first called to attend an assessment on 17^th June 2013 and could not believe the asinine ‘questionnaire’! For Pete’s sake: “Do you have trouble remaining conscious while awake?’!!!; Picking up and moving things: What ‘things’? How heavy? What shape? If cardboard, is it standard or thick cardboard? Move them from where to where?. How large is a ‘large’ cardboard box? Does the claimant move by hand, or does s/he use aids? Is there anything in the damn box? Those are just two examples.

In addition to other disabilities, I cannot write for more than a minute or two without my hand painfully ‘cramping up’ and my writing becoming illegible. Therefore, I intended to make notes in the only way open to me – using a voice recorder. Atos – despite agreeing to record the assessment, denied this and refused to proceed with the assessment. Given that anything I dictated would also be recorded on their equipment, this is not only illogical, but blatantly discriminatory. Also, at the risk of sounding like a conspiracy theorist, it suggests that the equipment will – shock! horror! fail, particularly should it show Atos in a bad light (see e.g. https://dpac.uk.net/2012/07/having-your-wca-recorded/ and https://www.theguardian.com/society/2012/dec/13/disabled-man-government-court-benefit-test).

Neither Atos or the DWP could legally prevent a more able-bodied person or their escort/carer from making notes by hand, so the decision is, therefore, discriminatory and unlawful. It should not be necessary – as with the recent court decision on Mental health & WCA – to resort to litigation in order to obtain that which one has a right to in any case.

Despite being advised from the outset that my disabilities result in fatigue and the need to sleep by early afternoon, I was sent appointments that disregarded this and it was necessary each time to write to them demanding a new, more suitable appointment.

I have another appointment for 21^st March 2014, although I expect the same things to occur and that Atos will again unlawfully refuse to proceed with the assessment. I have since been met with nothing but malice, discrimination, general illegality and just plain incompetence by the Atos parasites, whose default position seems to be: if in doubt – lie (more on this below) having, apparently, learned their craft at the knee of Josef Goebbels.

When I addressed their ‘response’ to my complaints, the person who supposedly ‘investigated’ them was conveniently (for them) absent and I was passed to another individual whose further investigation was so thorough that it took less than two weeks and not only re-stated Atos/DWP’s unlawful discrimination vis-à-vis my note-taking, but also completely failed to mention at all the lies told by:

a) The Atos receptionist who reported that I stated that I would take the case to the European Court of Human Rights. This was yet another case of Atos shooting itself in the foot as I am a former law lecturer, assisting in a research capacity on a couple of human rights cases and am quite aware that a claimant must first exhaust domestic remedies. In fact, I stated that I was prepared to make a formal complaint to the Commission for Equality & Human Rights.

b) The lies told by the person who (supposedly) first investigated my complaints. Namely that disabled parking was available on the street immediately outside the assessment centre. This was a blatant lie and I provided photographic proof of this. In fact, not only does there not appear to be any disabled parking available in the building’s car park that I could see, but there is no disabled parking available within at least a hundred yards of the building! This person had also related – in respect to my complaint “when you entered the assessment room” when I never left the reception area until I left the building!

I have provided Jobcentre Plus/DWP with copies of correspondence at every stage and yet they have not even had the common courtesy to acknowledge the correspondence, let alone respond. I have also made a formal complaint to the Equalities Office – who have also failed to acknowledge or respond.

I am in the process of submitting evidence to the House of Commons Work and Pensions Committee. Will they listen? Doubtful, but we live in hope. My MP has also been completely useless on this – in fact that isn’t surprising given that he’s a Lib-Dem and therefore part of this odious coalition.

I have attached for your information my response to Atos’ ‘investigation’ of my complaints and my initial assessment of the questionnaire. I apologise for the occasionally facetious tone of the latter, but I simply could not believe that they were prepared to use such a blatantly incompetent document as the basis from which to destroy so many lives.

Regards,

John Lockett

Questionnaire

Page 1

Page 1/3

Title of the form

Poorly chosen – or perhaps deliberately chosen? By definition, except for the minority of frauds –Incapacity Payment Benefit claimants are incapable of work.

About you

Personal details: Unnecessary. After all, they sent me the damn form and, therefore, already have this information

They knew I was male and that I could not, therefore, be pregnant!

Face-to-face assessment

The idiocy of asking anyone, let alone someone extremely poor health to nominate dates in the next THREE MONTHS when they are unavailable is plain.

Help needed for face-to-face assessment: How is a claimant to answer this adequately –even if sufficient space were provided on the form – without knowing where the assessment is to take place?

Apart from the fact that it is NONE of their damn business, how, exactly, does the date of a claimant’s last GP visit relate to or affect in any way, their capability – or otherwise –for work?

The names and details of any specialist care professionals are relevant only if they are prepared to call the claimant a liar or a fraud, which would possibly create liability for both the decision-maker and Atos/the DWP in defamation.

The date of the claimant’s last visit to such a professional is also none of their damn business and may be irrelevant in any case. A claimant may not have seen a particular consultant in more than a year. This does not mean, however, that their condition has miraculously disappeared. Other specialists/consultants may have only been visited once after referral from other professionals and in order to either aid diagnosis or to eliminate possible causative factors.

About your illness or disabilities

This is such an openly-worded question as to be largely useless. The space provided for response is also inadequate for those with multiple and/or variable conditions to respond adequately.

About your medication

Eavesdropping in any pharmacy will reveal that a great many people do not even know the names of the drugs they take – merely the quantity and the time they are to be taken. I continue to take a different ant-histamine, which frequently causes drowsiness/tiredness over and above that caused by my various conditions.

Page 2

Page 2/3

Drugs, alcohol or other substances

This could be seen as an attempt to re-write the Disability Discrimination Act by stealth, given that some relevant conditions under this heading can be considered disabilities. It may also be seen as a deceptive attempt to induce a claimant to inadvertently admit that their inability to work is of their own making and thereby deny their claim. Either case is despicable.

Part 1: Physical functions

Part of this may be seen as a ‘trick’ question. As many claimants for Incapacity Benefit also claim Disability Living Allowance, this can be seen as a deliberately deceptive attempt to induce the claimant to give different answers to claims for each benefit.

3. Reaching: Inadequate space to answer the question properly. This criteria is variable and will depend on the state of variable conditions at any given time.

4. Picking up and moving things: This question is worded, apparently, by a six-year-old. What ‘things’? How heavy? What shape? Is it standard or thick cardboard? Move them from where to where?. How ‘large’ is a ‘large’ cardboard box? Does the claimant move by hand, or does s/he use aids?

5. Manual dexterity: Another poorly-worded question with proposed tasks apparently selected (!) at random from an episode of Mr. Bean. Most people rarely read a traditional book now, preferring an electronic version. As regards picking up a £1 coin, I would probably not attempt do so, but scoop it from the surface with one hand into the other.

6. Communicating with people: Communicate how? Semaphore, Morse code? Martian?

7. Other people communicating with you: Yet another poorly-worded question. What if the person attempting communication with the claimant has an unfamiliar accent? What if the other person is a poor communicator? The same applies to simple (printed) messages from other people.

8. Getting around safely: Define ‘safely’. What road? A dual carriageway? A single track road? A one-way street? How does a claimant know whether they can get around an unfamiliar place without knowing what the place is?

9. Controlling your bowels and bladder and using a collecting device: A piggy bank could be classified as a ‘collecting device’!

10. Staying conscious when awake: Another idiotic question! By definition, if one is conscious, one is awake.

11. Learning how to do tasks: How can a claimant truthfully and reliably answer this question without knowing what task? One may have no difficulty in learning how to remove an engine’s cylinder head, although physically doing so may be impossible. However, learning to programme computer code may be beyond them. The form asks about setting an alarm clock, but what sort?

Page 3

Page 3/3

The mechanical sort with two bells on top, or that contained on my mobile ‘phone? What if one had a different mobile ‘phone on which key operation was more difficult?

13. Starting and finishing tasks: What tasks? Under what conditions? For example, someone who possesses a dishwasher would find it far easier to complete the washing up than someone with only a bowl and sink. Starting and finishing any task may be dependent on the effect various and variable medical conditions on a given day.

14. Coping with changes: What changes? What constitutes a ‘small’ change? A claimant may be able to cope with a small change in one aspect of their life but not another. For example, a claimant with a hospital appointment may have re-organised their schedule and arranged transport to cope with the appointment but should the taxi not arrive or the appointment be changed at short notice, some may be stoic, regarding it as a small change while others may react extremely angrily, regarding it as a major disruption in their routine. The same applies equally to the second part of this question (unexpected changes). A ‘small’ change – whether expected or not – can be a major disruption in the life of a disabled person.

15. Going out: This is essentially the same question as question 8 ‘Getting around safely’.

16. Coping with social situations: This question is completely asinine. What constitutes a ‘social situation’? The qualification of the question is inadequate. To some, this may be visiting family, while to others it may be a family wedding/christening/funeral or an evening at the pub!

17. Behaving appropriately: Yet another extremely poorly-worded question. Firstly, how would it affect a claimant’s capability for work? And what work? In what situation? What is appropriate to one person may be extremely objectionable to another. Furthermore, unless someone speaks out, how would the claimant know that their behaviour upsets other people? The same applies to the second part of the question.

18. Eating and drinking: How on earth does this question – in ANY way – relate to a claimant’s ability to work. I doubt there are many vacancies for wine-tasters, or cookery competition judges

All Repeat WCA medicals to be stopped

Action, All Posts, Atos, Benefits, Disability Rights, DWP, ESA, WCA, welfare cuts No Responses »

Feb 242014

In an urgent memo obtained by Benefits and Work, the DWP have told staff that due to a growing backlog at Atos all current employment and support allowance (ESA) claimants will be left on the benefit, without further medical checks, until another company can be found to do repeat work capability assessments (WCAs). The memo, dated 20 January, goes on to say that this will reduce the number of claimants moving off ESA, but that there are no plans to inform claimants or MPs about the change.

Benefits and Work obtained the memo from the DWP via a Freedom of Information request. It is headed: ‘FOR URGENT CASCADE. Control of the Referral of Repeat work Capability Assessments’.

The memo explains that back in July a ministerial statement announced that:

“in the drive to continually improve the Work Capability Assessment process and bring down waiting times for claimants, DWP had decided to seek additional capacity to deliver Work Capability Assessments.

“We are working towards having new provision in place – it will of course take some time for that to become fully operational.”

However, the memo goes on to explain that:

“The number of cases currently with Atos Healthcare has grown. A decision has therefore been taken to control the referral of repeat work capability assessments. Therefore, with effect from 20 January 2014, further routine repeat assessments referrals to Atos will be deferred until further notice.

“Controlling the volume of repeat Work Capability Assessments should help us to reduce delays for new claimants and those that have already been referred.”

The memo goes on to say that staff must still refer claimants for reassessment where there has been a reported change in condition, giving the example of a claimant placed in the Work Related Activity Group whose condition worsens and who might be expected to move into the Support Group.

Aside from this, however, reassessment of existing claimants is to end until further notice, with no new cases being referred to Atos from 20^th January.

The memo is keen to point out that the decision to stop repeat assessments by Atos is not ‘linked to the quality issues outlined in July 2013’ which the DWP ‘has been working closely with Atos to resolve’. It also reassures readers that the change will have no impact on Atos’ ability to carry out personal independence payment assessments.

It does, however, admit that the result of the change is that the number of people coming off ESA each month will reduce because:

“the Work Capability Assessment is the main trigger for off-flows from the Employment and Support Allowance load. We will continue to assess the potential for alternative interventions on those whose repeat Work Capability Assessments are deferred to seek to manage this consequence.”

No details of what those ‘alternative interventions’ might be is given.

It is clear, however, that the DWP is not keen for people to be aware of the ever more disastrous state of medical assessments for benefits by Atos. The memo explains that claimants who enquire about when their next WCA will be, should only be told that:

“Although the Department will periodically review a person’s Limited Capability for Work, there is no set date for this to happen.

“The timing of this review is at the discretion of the Decision Maker acting on behalf of the Secretary of State and is influenced by the evidence available to them, which can mean on occasion longer periods between face to face assessments. “

In addition, the memo explains that as this is simply an ‘operational decision’ and not a ‘policy change’ there are no plans to notify ‘external stakeholders such as claimants, claimant representative groups, Members of Parliament, etc.’

It is hard to imagine that IDS and his fellow DWP ministers believed that they could keep this further Atos-related failure secret for long: you can’t stop reassessing thousands of claimants a week without anyone noticing. If, however, they could have kept it secret at least until they found a new company to take on the repeat assessments, it would have been easier to explain away and not added to the ever mounting pressure for a complete overhaul of the WCA.

“Yes, there was briefly a problem” IDS could have said “But we now have a new provider and it is no longer an issue.”

As it is, this news is simply further proof that the WCA is not fit for purpose, because as soon as the DWP attempts to impose proper quality controls a massive backlog results. It is, we hope, another nail in the coffin of a completely discredited system.

And, for all those claimants with static or degenerative conditions who continue to be forced to undergo repeat assessments, often followed by repeat appeals, on an annual basis, the news will come as a welcome respite.

Reposted from Benefits and Work website with thanks

https://www.benefitsandwork.co.uk/news/2645-all-repeat-wca-medicals-to-be-stopped

Why the Rise of UKIP is Dangerous for Disabled People

Action, All Posts, Disability Rights, local groups, media, Politics, Reclaiming our Futures No Responses »

Feb 172014

Many disabled people feel that none of the main political parties represent us: while the Condems are inflicting an unprecedented level of attack on disabled people’s rights and entitlements, we remember that it was New Labour who introduced Atos and the Work Capability Assessment and, much as Labour now tries to distance itself from the Blair and Brown years,they are failing to take a strong stand in defence of the welfare state.

As things become ever more desperate for disabled people pushed into poverty and destitution, with independent living under greater and greater threat, people are searching for a way to escape the onslaught. One thing that is certain in these uncertain times is that UKIP is not the answer.

UKIP have undeniably rattled and inflicted defeats on the government. They have also succeeded in capturing the imagination of substantial sections of the electorate, pulling support away from the Tories. They are however nothing but bad news for disabled people.

UKIP has clearly been linked to racist, homophobic and disabilist attitudes. In December 2013 a UKIP county council candidate was investigated for advocating compulsory abortion of foetuses with spina bifida and Down’s Syndrome. Examples of racist attitudes displayed by UKIP members are too widespread to be disregarded as anomalies. The rise of a party linked so clearly to anti-equalities and intolerance of diversity is not something disabled people can afford to celebrate even when it does weaken the Tories.

There does appear to have been a concerted effort by UKIP to reach out to disabled people’s groups to offer support and thereby contribute to building its own base. This does not mean that UKIP supports the principles of disability equality and independent living. Its policies are reactive, opportunistic and bigoted. Its focus on immigration is divisive, having the effect of shifting all the main political parties to the right, while diverting attention from the real issues, from the dismantling of the welfare state, the privatisation of the NHS and the attack on workers’ rights. They might succeed in blocking votes for the Condems but they are also holding back the development of a wider political consciousness that would actively fight for disabled people’s rights.

After the raft of benefit changes and cuts brought in from 1^st April 2013 we saw real media attention focusing on welfare and a growing awareness among members of the public not yet personally affected by the cuts about the impact on disabled people – in spite of the lies and misrepresentations from Iain Duncan Smith. The rise of UKIP and their success in the elections has distracted the focus away from government attacks on the poorest and disabled members of society. Increasingly the problems caused by austerity are being blamed on government being soft on immigration instead of holding all political parties to account for the consequences of neoliberalism.

Reposted from May 2013

Please also see Unite against Fascism web https://uaf.org.uk/

Stand up to UKIP https://standuptoukip.org/

Unite against fascism 22^nd March event across Europe https://uaf.org.uk/?attachment_id=3472

All of which DPAC fully support

PIP Disaster –have you been rejected/delayed & delayed?

Action, All Posts, Disability Rights, PIP 8 Responses »

Feb 122014

With 2/3 people being rejected for PIP and apparent everlasting delays causing more misery and destitution we need to raise this issue more through the media.

Journalist Francis Ryan is looking for people

1. –Who have been rejected by the PIP system

2. – Those who are being forced to endure long and damaging delays

We can completely recommend Frances who has written many excellent and supportive pieces on the situations facing disabled people.

Please get in touch with Frances directly at frances.ryan18@btinternet.com

Comments will only appear on the DPAC site and do not go direct to Frances

Frances is also on twitter @frances__ryan

You can read more about Frances at https://differentprinciples.co.uk/about/

Stop the West Sussex County Council Valentine’s Day Massacre

Action, All Posts, council cuts, Disability Rights, Events, Independent Living, local authority cuts, local groups, welfare cuts No Responses »

Feb 092014

The Don’t Cut Us Out Campaign have organised a demonstration in protest against the £100+ Million in cuts planned by the County Council over the next 4 years.

On February 14^th, councillors will vote on whether to approve these brutal cuts. We will send the leader of the County Council, Louise Goldsmith a valentine’s card to show that West Sussex residents need their vital services.

£79 million has already been cut since 2010 which has caused untold misery for the vulnerable by decimating public services they rely on.

Make your voice heard. Lobby your County Councillor, tell them that you oppose these cuts. Attend the Council debate which follows this protest.

We say there is no more fat to cut.

Join us on February 14^th at 9.30am

County Hall, Chichester (Main Entrance)

Yours,

Don’t Cut Us Out

Commons Committee on ESA and WCA: your voice needed

Action, All Posts, Atos, Disability Rights, DWP, ESA, WCA, welfare cuts No Responses »

Feb 092014

There will be an inquiry into Employment and Support Allowance and the Work Capability Assessment. The committee are asking for submissions from you. DPAC will be sending a submission of the misery, destitution and deaths this process is causing. The deadline for receipt by the committee is March 21st

We ask you to take this opportunity to add to further evidence, if you would like to send experiences to DPAC to send on your behalf please email: mail@dpac.uk.net with the subject line: ESA WCA inquiry

Otherwise, the details of how to send written experiences and data are copied below:

The Committee’s inquiry

In light of recent developments in this area, including the publication of a number of reviews of the WCA, expressions of concern from DWP regarding Atos’s performance in delivering the WCA, and the introduction of mandatory reconsideration, the Committee has decided to undertake an inquiry into ESA and WCAs to follow-up its 2011 report.

Submissions of no more than 3,000 words are invited from interested organisations and individuals.

The Committee is particularly interested to hear views on:

Delivery of the WCA by Atos, including steps taken to improve the claimant experience
The effectiveness of the WCA in indicating whether claimants are fit for work, especially for those claimants who have mental, progressive or fluctuating illnesses, including comparison with possible alternative models
The process and criteria for procuring new providers of the WCA
The ESA entitlement decision-making process
The reconsideration and appeals process
The impact of time-limiting contributory ESA
Outcomes for people determined fit for work or assigned to the WRAG or the Support Group
The interaction between ESA and Universal Credit implementation

Submissions do not need to address all of these points.

The deadline for submitting evidence is Friday 21 March.

How to submit your evidence

To encourage paperless working and maximise efficiency, select committees are now using a new web portal for online submission of written evidence. The web portal is available on our website.

The personal information you supply will be processed in accordance with the provisions of the Data Protection Act 1998 for the purposes of attributing the evidence you submit and contacting you as necessary in connection with its processing.

Each submission should:

be no more than 3,000 words in length
be in Word format with as little use of colour or logos as possible
have numbered paragraphs

If you need to send a paper copy please send it to: The Clerk, Work and Pensions Committee, House of Commons, 7 Millbank, London SW1P 3JA

Material already published elsewhere should not form the basis of a submission, but may be referred to within a proposed memorandum, in which case a web link to the published work should be included.

Once submitted, evidence is the property of the Committee. It is the Committee’s decision whether or not to accept a submission as formal written evidence.

Select Committees are unable to investigate individual cases.

The Committee normally, though not always, chooses to make public the written evidence it receives, by publishing it on the internet (where it will be searchable), or by making it available through the Parliamentary Archives. If there is any information you believe to be sensitive you should highlight it and explain what harm you believe would result from its disclosure. The Committee will take this into account in deciding whether to publish or further disclose the evidence.

Further guidance on submitting evidence to Select Committees is available on the parliamentary website ( PDF 2.41 MB).

Urgent- we still need to contact MPs about the Care bill – template letter

All Posts, Disability Rights, Independent Living, Independent Living Fund ILF, News, welfare cuts, Welfare reforms 1 Response »

Jan 142014

Thanks go to Liz Kendall who argued for independent living and choice to be included in the Care Bill when Independent living and Choice was debated in the Care Bill Committee on Thurs 9 January – Norman Lamb argued against. Liz Kendall used the wording suggested by Inclusion London and supported by DPAC re the definition for independent living, see below. Norman Lamb said the definition of independent living was unclear.

Please tweet your thanks to Liz Kendall MP in recognition of her efforts

Unfortunately the vote narrowly went against the amendments 10 to 12, so the amendments will not be recommended by the Committee, but the fight goes on as other MPs can recommend amendments when the Bill returns to the House of Commons…. It also now goes back to the Lords so you may wish to contact some lords about this as well.

Please write to your MPs to urge them to propose the independent living amendment and others that are vital for disabled people. See the template letter prepared by Inclusion London attached.

Here’s a piece from Liz Kendall’s speech: The debate available at:https://www.publications.parliament.uk/pa/cm201314/cmpublic/care/140109/pm/140109s01.htm

Liz Kendall: The Bill is an important opportunity to ensure that our legislation fully addresses the needs, aspirations and rights of disabled people. Disability organisations have rightly welcomed the new duties that the Bill will put on local authorities to promote well-being and prevention. However, many organisations, such as Inclusion London, Scope and Mencap, have argued that a duty to promote independent living is also essential. That is not a minor or technical point, but a point of principle. Independent living is crucial to ensuring that disabled people have the same rights, choices and chances as any other citizen in this country. Independent living is essential to getting a good education, finding a job, building a career and taking part in community and public life. It is about ensuring that people can live in their own home with whoever they choose to live with and have the opportunity to have a family life. It is about ensuring that they are able to get out and about, meet up with friends and participate in the cultural life of the community and the country. In other words, independent living for me, and more importantly for disabled people and the organisations that work with and represent them, is about being able to participate in, contribute to and be included in society, as the rest of us usually take for granted.

Disability organisations say that disabled people’s rights to independent living are being undermined by the Government’s policies in social care and the welfare system. The Government’s decision to reduce local council budgets by a third, the biggest reduction in any part of government, is having a real effect on services that are essential to helping with the basics of daily life, such as getting up, washed, dressed and fed. We do that every day, which is essential to getting on with the rest of our lives, but for disabled people—

Grahame M. Morris (Easington) (Lab ….. I recall that, in our discussions with Swedish parliamentarians, who have a sort of Standing Committee on Health, we were told that if any responsibilities were placed on local government, it is a legal requirement for the necessary resources to be made available for the councils to carry out those services and delegate the functions.

Liz Kendall: My hon. Friend makes an important point about the needs of adults with disabilities and about the importance of having a right to the basics of daily life, which are essential. The recent joint inquiry by the all-party groups on local government and on disability showed the real problems with the services in the current system: four in 10 disabled adults are now failing to have their basic social care needs met; and nearly half of all disabled adults say that services are not supporting them to get out and about in their local community. The same erosion of independence and opportunities is happening in the social security system through the closure of the independent living fund; problems with the Work programme; how the personal independent payment is being implemented; and the bad bedroom tax.

Template letter to MPs

Dear Add the name of your MP,

I am writing to you regarding the Care Bill which is in currently being discussed by MPs.

The Care Bill has been described as a once in a life time opportunity to tackle the social care crisis which is impacting on my life. I am asking for your support to propose the amendments to the Care Bill below, to ensure that I am given the support I need for my independent living.

Independent living for disabled people

As a disabled person I have the right to the same opportunities, choices and rights as other citizens. I want to get a job, build a career and have an education and to take part in community and public life. I wish to decide when I go bed, what I eat and to live in my home with people I choose to live with, I also want to be able to leave my home to go out and about – go shopping, go to see a band. I would like the opportunity to be a parent and friend, have a family and social life. All these elements are included in independent living for disabled people. Independent living is being able to contribute, participate and be included.

Funding

Social care is in crisis resulting in more and more disabled people going without the essential support they need. This situation is likely to continue because the Care Bill does not tackle the fundamental issue of funding for social care. I have not got large savings and do not own my house, so I will not benefit from the Government’s funding reforms. I would like care and support to be funded so it supports me to lead an independent life of participation, inclusion, dignity and equality. To achieve this I believe it should be funded out of National Insurance contributions/general taxation and free at the point of need like the NHS, this would ensure I get the care I need for independent living in the future.

Amendments to Care Bill

I would be grateful if you could put forward the amendments below to the Scrutiny Committee or to the House of Commons when the Bill reaches Report stage, to try and ensure that independent living for disabled people becomes a reality. All the amendments are highlighted in bold:

1. Amendment to: Clause 1 ‘Promoting individual well-being’

Can you please propose the following amendments to the definition of ‘well-being’ and to the General responsibilities of local authorities:

1 Promoting individual well-being and independent living

(1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is to promote that individual’s well-being, independence and inclusion as equal and valued citizens and members of the community.

(a) That duties under independent living promote the wider definition of independent living as expressed in the UN Convention of the Rights of Persons with Disabilities.

2. Advocacy

It is very important that disabled people are provided with independent advocacy right through the process of obtaining and maintaining care and support.

It is important because independent advocacy enables disabled people to participate in the assessment and review process but also enable disabled people to give direct feedback about the quality of services, which will help prevent on-going abuse of disabled people in the future. Therefore we ask you to put forward the following amendments to three clauses, (see wording in bold)

Clause 5.Promoting diversity and quality in provision of service:

A local authority must have regard to —

(c) the need to offer and provide an independent advocate to enable service user feedback to improve the quality of services

Clause 9. Assessment of adults need for care and support:

A local authority, in carrying out a needs assessment, has

(d) A duty to offer and provide an independent advocate to the adult to enable full participation in all needs assessments and reviews

Clause 42. Enquiry by local authority:

(2)The local authority must-

(a) Offer and provide an independent advocate to an adult who is experiencing, or at risk of, abuse or neglect to enable them to give evidence and participate fully in the enquiry.

3. Amendment to Clause 9 ‘Assessment of an adult’s needs for care and support’

The assessment is the key gateway to care and support so it is important that disabled people, who are expert in their own needs, should be at the core of the assessment process. Can you please propose the following that:

All care assessments reflect the rights to independent living and choice encompassed in the UNCRDP. Also that all care and support assessments should be a person centred process.

4. Amendment to Clause 13 ‘The eligibility criteria’

The government has announced that the national eligibility threshold is to be set at ‘Substantial’. This means support will only be provided at a very late stage when disabled people’s health, wellbeing and independence has deteriorated badly. Can you please propose an amendment so that:

The eligibility threshold for care is set at ‘moderate’ to ensure that disabled people are able to receive the support needed to maintain and sustain health, wellbeing and independence

5. Independent Living Fund (no existing clause)

The impact on the independent living of disabled people with high support needs if the Independent Living Fund (ILF) closes in 2015 will be devastating. I would be grateful if you can propose a new clause to ensure there is:

A duty on local authorities to provide equivalent support as provided by the ILF that ensures independent living in the community on an on-going basis.
Set up an Independent living task force, co-produced with ILF users, to review independent living and specifically the Independent Living Fund in order to identify how best to improve, develop and extend independent living support building on the successful model of ILF provision.

5. Amendment to ‘Continuity of care and support when an adult moves’ – Clause 37 ‘Notification, assessment etc’

I believe I should have the same freedom to move home as non-disabled people i.e. without the fear that my care package will be removed or reduced. I urge you to propose and amendment so there is a duty to:

Ensure the new care package provided by the receiving authority must be equivalent to the existing care package, provided by the first authority.

Together these amendments will help make the Care Bill better for disabled people and help make independent living a reality for me and other disabled people.

Can you please let me know what action you will take and what amendments you will be proposing and supporting.

Yours sincerely,

URGENT- contact your MP now about the Care Bill – information and template letter

Action, All Posts, Disability Rights, Events, Independent Living, Independent Living Fund ILF, News, Politics, UK Disabled Peoples Manifesto Reclaiming our Futures, Write to your MP No Responses »

Jan 072014

Independent Living & The Care Bill 2013 – help make this Bill better for disabled people

The Care Bill going through Parliament this January 2014 will shape social care for years to come yet the Bill currently does not include any mention of independent living and fails to address key concerns like independent advocacy and funding of social care.

The Care Bill is being discussed by MPs from 9 January till early February, during this time changes can be made to the Bill to improve it. We know you are extremely busy but please take the time to get in contact with your MP to ask them put forward amendments to the Care Bill to ensure independent living is at the heart of this important piece of legislation and also encourage your service users and members to contact their MPs as well.

We have received some great news – Liz Kendall, the Shadow Care Minister has put forward important changes to the Bill suggested by Inclusion London and supported by DPAC regarding choice and independent living, for discussion by the Care Bill’s Scrutiny Committee! Pressure from your MP now will help these amendments to be accepted in the House of Commons.

Detailed below is all the information you need to lobby your MP. It won’t take that long and your input could make all the difference.

How to lobby your MP

1. Email or write to your MP.

Find out who is your local MP at: https://findyourmp.parliament.uk/

Their contact details are available at: https://www.parliament.uk/mps-lords-and-offices/mps/

Send the attached letter to your MP, feel free to change the letter to reflect your / their circumstances.

Tweet:
Service users / members can tweet about any responses to their letters or meetings, which will keep interest in the Care Bill alive. Use your own twitter account or email your tweet to henrietta.doyle@inclusionlondon.co.uk who will tweet it for you.

Attend your MP’s surgery or ask for a home visit.
Information about your MP’s surgeries times and venues is available at:https://wiki.openrightsgroup.org/wiki/London_MP_Surgeries

Home visits: If you are not able to attend your MP’s surgery because of your impairment you should ask for a home visit.

DDPOs you can organise a meeting between your MP and your members and users about the Care Bill.

For information on how to contact your MP go to: https://www.parliament.uk/mps-lords-and-offices/mps/

We know you are extremely busy but please take the time to get in touch with your MP. This is a vitally important piece of legislation that will have a huge impact on disabled people’s lives now and in the future. We can make this Bill better.

Many thanks to Inclusion London for putting together this campaign pack for people to use. Further information on the Care Bill is available to read at https://www.inclusionlondon.co.uk/

Template Letter for individuals

Dear Add the name of your MP,

I am writing to you regarding the Care Bill which is in currently being discussed by MPs.

Independent living for disabled people

Funding

Amendments to Care Bill

1. Amendment to: Clause 1 ‘Promoting individual well-being’

Can you please propose the following amendments to the definition of ‘well-being’ and to the General responsibilities of local authorities:

1 Promoting individual well-being and independent living

(a) That duties under independent living promote the wider definition of independent living as expressed in the UN Convention of the Rights of Persons with Disabilities.

(See Inclusion London’ paper attached for all the amendments to this clause).

2. Advocacy

It is very important that disabled people are provided with independent advocacy right through the process of obtaining and maintaining care and support.

Clause 5.Promoting diversity and quality in provision of service:

A local authority must have regard to —

(c) the need to offer and provide an independent advocate to enable service user feedback to improve the quality of services

Clause 9. Assessment of adults need for care and support:

A local authority, in carrying out a needs assessment, has

(d) A duty to offer and provide an independent advocate to the adult to enable full participation in all needs assessments and reviews

Clause 42. Enquiry by local authority:

(2)The local authority must-

(a) Offer and provide an independent advocate to an adult who is experiencing, or at risk of, abuse or neglect to enable them to give evidence and participate fully in the enquiry.

3. Amendment to Clause 9 ‘Assessment of an adult’s needs for care and support’

All care assessments reflect the rights to independent living and choice encompassed in the UNCRDP. Also that all care and support assessments should be a person centred process.

4. Amendment to Clause 13 ‘The eligibility criteria’

The eligibility threshold for care is set at ‘moderate’ to ensure that disabled people are able to receive the support needed to maintain and sustain health, wellbeing and independence

5. Independent Living Fund (no existing clause)

A duty on local authorities to provide equivalent support as provided by the ILF that ensures independent living in the community on an on-going basis.
Set up an Independent living task force, co-produced with ILF users, to review independent living and specifically the Independent Living Fund in order to identify how best to improve, develop and extend independent living support building on the successful model of ILF provision.

5. Amendment to ‘Continuity of care and support when an adult moves’ – Clause 37 ‘Notification, assessment etc’

Ensure the new care package provided by the receiving authority must be equivalent to the existing care package, provided by the first authority.

Together these amendments will help make the Care Bill better for disabled people and help make independent living a reality for me and other disabled people.

Can you please let me know what action you will take and what amendments you will be proposing and supporting.

Yours sincerely,

Hands Off London Transport Campaign supported by DPAC. Flash Mob January 10th 3pm Euston tube station.

Action, All Posts, Disability Rights, transport 1 Response »

Jan 062014

The Mayor of London, who campaigned for election on the promise of keeping ticket offices open, now plans to close them as part of the 12.5% cut in the budget of London Underground (LU) announced on 21st November. This will, at a stroke, reduce safety, reduce service, cause inconvenience to the travelling public and increase the cost of travelling cattle class. The intention of London Underground is to create a self-service, supermarket model, and that means all Ticket Offices are due to close by 2015.

Look at the crowds in busy ticket halls like Euston – long queues for the ticket office, and even longer queues for ticket machines. It appears that more space, more ticket machines and more staff are actually what’s needed. Even in the current insanity that pervades the mayor’s office, the mayor must be aware that the crowds and the queues include millions of tourists – both foreign and domestic – and they are likely to tell their friends and relatives of their under whelming experience on London’s underground.

The news of the savage cuts was given at the same time as announcing the 24 hour running of some tube lines; neatly hiding the cuts from all the headlines. The mainstream media has played along with this scenario, and has also repeated London Underground’s assertion that the Railway Marine and Transport Union, the RMT, is balloting for strike action over the 24 hour running. They are not. They are balloting for strike action over the cuts.

Little prominence has been given to the phasing out of the Oyster card, to be replaced by contact-less bankcards. The Oyster card works fine for the passenger, but LU want to switch to a system that conveniently means that any ticketing problems experienced by passengers are no longer dealt with by LU, but by the passenger’s bank!

More about these cuts here

https://handsofflondontransport.wordpress.com/

The Hands off London Transport campaign is staging a Flash Mob protest this Friday, January 10^th 3pm Euston Tube station ticket office for all those who can make it along.

January 16^th – public meeting – Conway Hall, 18.30 pm with Bob Crowe, Ciara Doyle and others. More details to follow.

https://twitter.com/HandsOffLT

Dec 302013

As a grassroots campaign group DPAC wouldn’t exist without the dedication of all those who give their time to exposing what is happening: coming out on the streets, writing reports, researching, writing web content and policy critiques, heading up and being part of the growing number of local DPACs, organising events, engaging with social media and a whole set of other stuff that keeps DPAC vibrant, active and strong – its thanks to you that DPAC exists. DPAC also want to thank the growing number of grassroots groups, individuals, academics, supporters, unions and organisations we’ve worked with in 2013.

2013 began with DPAC being awarded campaign of the year for our work in 2012 the year ends with DPAC being named as ‘people of the year’ by Owen Jones. In 2013 DPAC supported many local based protests on transport, the bedroom tax, ILF, local authority cuts and privatisation. We blocked roads protested against fuel poverty, fracking, the loss of legal aid, the bedroom tax, the closure of ILF and more. We set up Reclaiming our Futures 7 days of action joined by hundreds to celebrate the gains of the disabled peoples’ movement and to protest at the effects of imposed austerity on disabled people. DPAC launched the UK Disabled Peoples’ Manifesto which was followed by an EDM.We also published a number of reports.

There was cause to celebrate: the Government were ruled to have made the decision to close the Independent Living Fund unlawfully. Mental Health Resistance network succeeded in winning both case and appeal by the Government on the discrimination of the WCA. DPAC were approached by the UN prior to Raquel Rolnik’s UK visit to feed-in –her findings on the bedroom tax were devastating for the Government. DPAC led a whole range of events and join events on benefit justice to join together and fight the evils that this Government have imposed. While every protest, every campaign, every new network and every exposure of this Government is a success, we received growing numbers of emails from those left without money, food, homes and suffering cuts to their support.

In 2014 we must continue to fight and take all actions we can to change and expose the devastation this Government is causing to disabled people.

You can subscribe to receive all DPAC web posts or become a DPAC member at www.dpac.net.uk join us on twitter @Dis_PPL_Protest or on Facebook

Key highlights of DPAC actions from 2013 below….

●January

DPAC were awarded campaign of the year (2012) by Lipstick Socialists. They said: The fight back by disabled people as the Con/Dem Govt stripped some of the most ‘vulnerable’ sections of the community of their benefits. Their campaign against Atos (who made the decisions) during the Paralympics was inspiring and they have led the way in the fightback against the Con/Dem Govt. – See more at: https://dpac.uk.net/2013/01/#sthash.tEoKp2ds.dpuf

Co-op Campaign: stop the Atos Contract! Launched to publicise that Co-op were thinking of renewing a three year Atos contract for occupational health-Eventual outcome Co-op publically state they wouldn’t renew the contract with Atos.

DPAC call Vigil on Judicial Review initiated by Mental Health Resistance Network on WCA

Benefit Justice organising meeting by Tenants, DPAC unions and others held in London. We also live streamed London DPAC meeting so that everyone could access it. Annie Howard exposed Atos and DWP in relation to the data protection Act https://dpac.uk.net/2013/01/dwp-and-atos-make-a-mockery-of-the-data-protection-act/ Alan Shellbrooke a Tory MP said he wanted to introduce US style cards for those on benefits. We also linked with Fuel Poverty Action for the first of the 2013 actions on Fuel Poverty. We urged everyone to have their say on the Care Bill and to mention the ILF issues and posted advice on the Bedroom Tax and Discretionary Housing Payments and how to access them ahead of this inhuman misery. Condemn Love anti-Atos song by the excellent Kevin Robbins got it’s first airing

●February

Victory for Daniel Roque Hall and Winvisable as Daniel is released from prison. Annie and Bob uncovered The Atos and DWP’s Land of make Believe https://dpac.uk.net/2013/02/atos-and-dwps-land-of-make-believe/

Owen Jones donates some of his prize from young writer of the year (donated by Lord Ashcroft) to DPAC https://dpac.uk.net/2013/02/thank-you-owen-but-we-wont-count-on-the-money-until-lord-ashcroft-puts-it-in-our-account/

We publicised the workfare cases The judgment on cases brought by Cait Reilly and Jamie Wilson mean that all but one of the Government’s workfare schemes (Mandatory Work Activity) that force unemployed people to work unpaid or lose benefits have been deemed unlawful. As we know IDS went off and rewrote the law- See more at: https://dpac.uk.net/2013/02/#sthash.jZLw1k5A.dpuf

We publicised an update on the Bedroom Tax, unfortunately not rewritten by IDS or anyone else. The post by Frank proved to be an unfortunate prediction of what was to come.

On ILF we produced a template letter for MPs and our collected FoIs on what Local authorities responses were to the ILF consultation https://dpac.uk.net/2013/02/what-local-authorities-said-about-the-closure-of-ilf/

Whitehall Traffic was brought to a standstill outside the Dept of Energy and Climate Change https://dpac.uk.net/2013/02/whitehall-road-block-brings-traffic-to-a-standstill-outside-dept-of-energy-climate-change/

Unum were finally nailed on driving Governments’ on welfare cuts https://dpac.uk.net/2013/02/unum-finally-nailed-through-bragging-on-driving-government-thinking/

DPAC and Inclusion London issued a statement on ILF while our National English DPOs remained silent https://dpac.uk.net/2013/02/defend-independent-living-save-the-independent-living-fund/

Annie Howard exposed the myths around the support group and ESA https://dpac.uk.net/2013/02/11-was-never-intended-to-be-the-number-of-people-in-the-support-group-dwp-big-blunder-annie-howard/

Atos and the treatment of mental health users and survivors was further exposed through You Tube, while Kate Belgrave asked where were the MFCs at Atos – we’re still looking… https://dpac.uk.net/2013/02/harrowing-atos-assessment-and-where-are-the-mental-health-champions/

A letter from Ed Miliband was publicised after it was sent to us by a supporter https://dpac.uk.net/2013/02/letter-from-ed-miliband-on-atoswca-but-is-it-enough/

DPAC joined the campaign against the privatisation at Barnet and the great Crapita takeover https://dpac.uk.net/2013/02/urgent-stop-captia-10-years-plus-contract-for-council-services-in-barnet/

We launched a campaign against Colin Brewer who said that disabled children should be put down – he later resigned, but tried to put himself forward in a subsequent election process. https://dpac.uk.net/2013/02/urgent-stop-captia-10-years-plus-contract-for-council-services-in-barnet/

We published an email from one of our supporters which asked SCOPE what it was doing to save ILF , SCOPE suggested they get in touch with DPAC https://dpac.uk.net/2013/02/scope-and-ilf/

●March

We reposted the excellent Nick on ESA Process in Chaos and the Government cover-up https://dpac.uk.net/2013/03/dwps-esa-process-in-chaos/

As DPAC is on the working group of the European Network on Independent Living (ENIL) against European austerity and its effect on disabled people we asked you to write to your MEPs to support a push to get this debated in the European Parliament

March 13^th was the court case on ILF in which 5 ILF users took the DWP to court against the proposed closure of ILF in 2015 We stepped up the campaign to publish stories of ILF users and those that would have benefited from ILF if it hadn’t been closed to new users in 2010 by Miller without even a dodgy consultation process. https://dpac.uk.net/independent-living-fund/

The Benefit Justice Summit co-organised by DPAC in London brought together unions, grassroots groups, lawyers and tenants groups

We publicised news for parents of disabled children in the private rented sector and how they could claim money back from the DWP https://dpac.uk.net/2013/03/urgent-news-for-parents-of-disabled-children-renting-in-private-sector-money-back-from-dwp/

Beth Tichbourne was fined £745 plus costs for saying that David Cameron had ‘blood on his hands’ in an outrage that we should never forget https://dpac.uk.net/2013/03/bethan-tichborn-cameron-has-blood-on-his-hands5503/

We publish an update on ILF court case with video https://dpac.uk.net/2013/03/ilf-court-case-update-and-implications/

DPAC and our sister org Black Triangle issue a joint statement on Labour and Bedroom tax https://dpac.uk.net/2013/03/joint-statement-and-petition-by-dpac-and-black-triangle-anti-defamation-campaign-in-defence-of-disability-rights-on-the-labour-party-campaign-against-the-bedroom-tax/

DWP and Government lies on ILF closure are exposed by DPAC in previously classified papers and memos from the DWP to ministers https://dpac.uk.net/2013/03/summary-of-secret-correspondence-from-the-dwp-to-mcvey-on-the-ilf-closure/

ESA appeals increase by 70% DPAC reposts Nick’s analysis https://dpac.uk.net/2013/03/more-chaos-esa-appeals-up-by-70/

Disability charities consistent apathy for disabled peoples’ lives, but not for their high salaries for directors was highlighted yet again https://dpac.uk.net/2013/03/how-the-big-disability-charities-let-down-disabled-people-again/

DPAC supported local protests and campaigns and also protests against staff cuts on railways and transport protests

●April

April was the month that the condemns brought in more of their cuts for ordinary people the hated bedroom tax, the end of council tax support, the benefit cap and more https://dpac.uk.net/2013/04/the-nasty-party-go-on-the-offensive-against-disabled-people/

DPAC and UKUncut served eviction notices on our ‘favourite’ MPs –they had too many bedrooms –a complaint was put into You Tube who were told to remove the videos of IDS’ mansion https://dpac.uk.net/2013/04/eviction-notice-for-ids-and-oh-my-what-a-big-house-you-have/ https://dpac.uk.net/2013/04/ids-home-occupation-videos/

The TUC disabled workers refuse to join the Government sponsored Disability Action Alliance hosted by Disability Rights UK (DRUK) https://dpac.uk.net/2013/04/the-disability-action-alliance-or-whatever-happened-to-the-disability-strategy/

After news that the 5 ILF users that took the DWP to court had lost the case processes began to appeal the decision and still not a word of support from the big Disability charities or the aforementioned DRUK https://dpac.uk.net/2013/04/claimants-to-appeal-high-court-decision-concerning-closure-of-the-independent-living-fund/

DPAC learns of a man who was arrested and tried in a secret court and jailed due to Atos –DPAC launches a campaign https://dpac.uk.net/2013/04/man-arrested-and-tried-in-a-secret-court-after-atos-assessment-support-needed-in-nottingham/

We also supported and co-organised a number of Benefit Justice summits across the country, supported more protests on transport and privatisation and continued to support the Barnet crisis

●May

We supported CSRF in protesting at the |PCS conference and their refusal to refuse to implement benefit sanctions https://dpac.uk.net/2013/05/civil-service-rank-and-file-protest-at-pcs-conference/

We joined with False Economy in the search for the elusive Mental Function Champions at Atos , Dr Greg Wood quits Atos and turns whistle blower https://dpac.uk.net/2013/05/where-are-the-mental-function-champions-at-atos-and-other-atos-type-things/

DPAC publishes info on Hardship payments and budgeting loans as we get more and more emails from people caught in the poverty and sanction traps set by the DWP –the post has been shared over 36,0000 times https://dpac.uk.net/2013/05/hardship-paymentsbudgeting-loans-and-short-term-advances/

Black triangle meet with Scottish Government to discuss regulations regarding Atos and GPs https://dpac.uk.net/2013/05/esa-regulations-25-and-31-campaign-black-triangle-to-meet-with-scottish-parliament-welfare-reform-committee-chief-this-thursday/

The Mental Health Resistance Network win against Government on WCA , but spectra of legal aid cuts is raised too https://dpac.uk.net/2013/05/will-legal-victory-by-mhrn-against-atos-tests-be-our-last-we-need-to-act-now/

DPAC and the TUC disabled workers block Tottenham Court Road in an act of solidarity https://dpac.uk.net/2013/05/dpac-and-tuc-members-in-direct-action-of-solidarity/

DPAC publishes a critique of UKIP https://dpac.uk.net/2013/05/why-the-rise-of-ukip-is-dangerous-for-disabled-people/

DPAC’s own Ellen Clifford talks to real fare https://dpac.uk.net/2013/05/ellen-clifford-talks-to-real-fare-on-welfare-reform-and-protest/

●June

June 1^st marked a day of UK wide protests against the bedroom tax attended by DPAC

DPAC publishes stats by Nick that show the huge hike in sanctions under the Coalition https://dpac.uk.net/2013/06/jsa-benefit-sanctions-sky-rocket-under-coalition/

DPAC holds a Birthday party protest for ILF https://dpac.uk.net/2013/06/press-release-independent-living-fund-birthday-protest/

The fight against the Bedroom tax continues with protests and new groups springing up and supporting each other across the country https://dpac.uk.net/2013/06/updates-the-fight-against-the-bedroom-tax/

DPAC publishes Lies, Damn IDS and Statistics https://dpac.uk.net/2013/06/lies-damn-ids-and-statistics/

●July

DPAC releases its program for 7 days of action, campaigns and protest: Reclaiming Our Futures https://dpac.uk.net/2013/07/reclaiming-our-futures-7-days-of-action/

DPAC joins protest at Downing Street against the bedroom tax

DPAC joins Justice Alliance to protest against cuts to legal aid

DPAC joins vigil for case against bedroom tax outside the Royal Courts of Justice

DPAC posts a list of advice and legal resources as emails from people in severe hardship escalates further https://dpac.uk.net/2013/07/advice-and-legal-resources/

Sisters of Frida go to Geneva to challenge the situation for disabled women at the UN https://dpac.uk.net/tag/sisters-of-frida/

We list the MPs that voted against a cumulative impact assessment https://dpac.uk.net/2013/07/for-fellow-extremists-everywhere-how-your-mp-voted-on-the-cumulative-impact-assessment/

Southwark DPAC challenge local politicians https://dpac.uk.net/2013/07/sdpac-challenge-local-politicians/

Government Issues ministerial statement on Atos https://dpac.uk.net/2013/07/government-issues-ministerial-statement-over-atos/

Bromley/Croydon DPAC join UKUncuts Stuff the Banks https://dpac.uk.net/2013/07/bromleycroydon-dpac-stuff-the-banks-update/

DPAC takes part in the anti-fracking protests at Balcombe where Caroline Lucas is arrested

●August

Updates for Reclaiming Our Futures 7 days of Action https://dpac.uk.net/2013/08/reclaiming-our-futures-29th-aug-4th-sept-updates/

UK Disabled peoples’ Manifesto launched https://www.inclusionlondon.co.uk/UK%20Disabled%20peoples%20Reclaiming%20Our%20Futures%20Manifesto

John McDonnell puts forward an Early Day motion on the UK Disabled Peoples’ Manifesto put together by DPAC, Inclusion London, ALLFIE and Equal Lives Norfolk

Early Day Motion 483: Disabled People’s Manifesto
That this House warmly welcomes the launch of the UK Disabled People’s Manifesto, Reclaiming our Futures, developed by disabled people and their organisations across the UK, which sets out the shared vision of disabled people for an inclusive and equal society free from economic, social and cultural barriers; and urges all political parties represented in this House to engage in a constructive dialogue with the disabled people’s organisations promoting the manifesto with the aim of achieving its objectives. – See more at: https://dpac.uk.net/2013/09/early-day-motion-483-disabled-peoples-manifesto/#sthash.VWGXvrlo.dpuf

DPAC are asked by UN to assist Raquel Rolnik UN Special Rapporteur on Housing prior to her visit to the UK . The visit and her findings that the bedroom tax is regressive and unfair cause Tory ministers to say she should sort her own country out, she is a Marxist and produce other ridiculous statements in the right wing media https://dpac.uk.net/2013/09/un-investigator-recommends-for-bedroom-tax-to-be-scrapped-immediately/

DPAC block the front entrance of BBC for non reporting of the true situation in the UK under welfare cuts as part of the Reclaiming Our Futures 7 days of action https://www.katebelgrave.com/2013/09/disabled-people-against-cuts-block-front-entrance-of-bbc-portland-place/

DPAC host art exhibition and night of entertainment, plus a day debate on the continued relevance of the Social Model with Anne Rae, Colin Barnes and Debbie Jolly

The Brilliant Kate Belgrave writes on protests and Government Extremism, protests are held outside the DWP, the Department for Education, the Department of Energy, and the Department of Health before moving on to Parliament to host the launch of the UK Disabled People Manifesto: ‘reclaiming our Futures on the UK Freedom Drive day part of the Reclaiming Our Futures week of action

https://dpac.uk.net/2013/09/protests-and-government-extremism-kate-belgrave/

DPAC posts UK Freedom Drive film by Reel News https://dpac.uk.net/2013/09/uk-freedom-drive-the-film/

●September

DPAC works with Just Fair on Independent Living Issues ahead of a planned visit by the UN special rapporteur on disability https://dpac.uk.net/2013/09/dpac-works-with-just-fair-on-independent-living-issues/

We publish George Berger from Sweden report on Atos, KPMG and the NHS https://dpac.uk.net/2013/09/atos-kpmg-and-the-nhs-be-afraid-be-very-afraid/

DPAC launches a new report on the WCA https://dpac.uk.net/2013/09/dpac-report-work-capability-assessment/

Two of the DPAC co-founders go to Strasbourg to join the European Network on Independent Living for the 6^th ENIL Freedom Drive to march to the European Parliament and tackle MEPs. Debbie Jolly is elected to serve another term on the ENIL Board and presents on behalf of DPAC on protest and what is happening in the UK under imposed austerity https://www.enil.eu/campaigns/freedom-drive/

DPAC co-organises with Wow Petition for 10,000 Cuts Memorial for those that have died through Atos and in solidarity with all suffering under Cameron’s regime of imposed austerity https://dpac.uk.net/2013/09/10k-cuts-and-counting-video/ see also https://dpac.uk.net/2013/09/10000-cuts-and-counting-linda-burnip/

Dr Alison Wilde discusses the Paralympic Legacy https://dpac.uk.net/2013/09/paralympic-legacy-but-which-one/

DPAC supports the Ontario Coalition against Poverty who Government want to follow the lead of the UK in denying people their entitlements https://dpac.uk.net/2013/09/call-out-to-support-ontario-coalition-against-poverty/

●October

IDS found misleading again https://dpac.uk.net/2013/10/ids-found-misleading-again/

DPAC and Black Triangle consider legal action against GPs who refuse to provide evidence for disabled people and those with long term health issues https://dpac.uk.net/2013/10/legal-action-has-your-gp-refused-to-provide-further-medial-evidence-for-your-dwp-appeal/

Anita Bellows write another stunning piece exposing the bedroom tax https://dpac.uk.net/2013/10/bedroom-tax-the-policy-which-could-only-succeed-if-it-failed-anita-bellows/

DPAC organises vigil for Mental Health Resistance WCA case appeal by DWP https://dpac.uk.net/2013/10/vigil-for-wca-case-support-mental-health-resistance-network-21st-october/

DPAC joins UKUncut to protest to save Justice

DPAC join in protests against staff cuts on London Tubes https://dpac.uk.net/2013/10/boriss-latest-attacks-against-accessibility-and-safety-on-london-transport/ also see https://dpac.uk.net/2013/10/unions-unite-with-campaigners-on-tube-and-station-cuts/

DPAC publicises Punishing Poverty a report on Sanctions by Manchester CAB https://dpac.uk.net/2013/10/sanctions-punishing-poverty-new-report-by-cab/

DPAC publishes info on mandatory reconsideration https://dpac.uk.net/2013/10/some-information-on-mandatory-reconsideration-in-force-from-october-28th-2013/

UK Disability history month kicks off https://dpac.uk.net/2013/10/uk-disability-history-month-launch-event/

●November

ILF users win appeal, Government say they won’t fight decision –a success but we wait for the Government next moves https://dpac.uk.net/2013/11/gov-will-not-appeal-court-ruling-on-closure-of-ilf/

https://dpac.uk.net/2013/11/victory-for-independent-living-rights-in-english-appeal-court/

DPAC reposts the critique of the Henwood and Hudson report as some in the disability field still claim that ILF should close https://dpac.uk.net/2013/11/why-the-henwood-and-hudson-report-failed-in-justifying-the-closure-of-the-independent-living-fund/

DPAC ask members and supporters to write to Penning on ILF https://dpac.uk.net/2013/11/write-a-message-to-penning/

Anita Bellows asks why Litchfield as ‘independent’ assessor of the WCA when he was involved in its design https://dpac.uk.net/2013/11/dwp-tactics-ask-litchfield-designer-of-the-wca-to-review-it-anita-bellows/

DPAC publishes info on fuel poverty as we receive more emails from people without heating or electricity due to sanctions and welfare cuts https://dpac.uk.net/2013/11/fuel-poverty/

Independent Living rights News is published on DPAC https://dpac.uk.net/2013/11/independent-living-rights-news-17-november-2013/

https://dpac.uk.net/2013/11/independent-living-rights-news-edition-2/

Paddy Murphy writes on the apparent idiocy of DECC https://dpac.uk.net/2013/11/disabled-people-and-fuel-poverty-what-does-decc-know-anyway/

DPAC attends the bedroom tax lobby at Parliament https://dpac.uk.net/2013/11/report-on-the-bedroom-tax-lobby-meeting-westminster-tuesday-12th-november-2013/

DPAC , Fuel Poverty Action and the London Pensioners are joined by hundreds on the streets to protest at unacceptable fuel poverty and deaths while the energy companies continue to make huge profits https://dpac.uk.net/2013/11/hundreds-protest-at-big-six-energy-companies-over-fuel-poverty-deaths/

https://dpac.uk.net/2013/11/npower-protest-against-31000-fuel-poverty-deaths-this-year/

DPAC supports ALLFIE’s campaign on no return to segregated education https://dpac.uk.net/2013/11/no-return-to-segregrated-education-please-sign/

DPAC and Inclusion London hear heartbreaking testimonies from disabled people affected by the cuts. We send them to the special rapporteur on disability.

DPAC and Inclusion London hold an Emergency lobby at Parliament on Independent living to launch the DPAC report on Independent Living https://dpac.uk.net/2013/11/independent-living-and-the-cumulative-impact-of-cuts-from-the-streets-to-the-commons/

Mary Laver and ILF user film on life without ILF is posted https://dpac.uk.net/2013/11/an-important-request-on-ilf-from-mary-laver/

The Disability Crime Network write to the attorney General on disability hate crimes https://dpac.uk.net/2013/11/disability-hate-crime-network-letter-to-attorney-general/

●December

Anne Novis writes on hate crime https://dpac.uk.net/2013/12/a-life-less-valid-when-is-a-hate-crime-not-a-hate-crime-by-anne-novis-mbe/

Belgium vote yes on euthanasia for minors now accepted as law https://dpac.uk.net/2013/12/belgium-vote-yes-on-euthanasia-for-minors/

DPAC urges members and supporters to join Boycott Workfare in online action against workfare https://dpac.uk.net/2013/12/take-online-action-against-the-workfare-conference/

We publicise Habinteg’s report on the effect of the bedroom tax on independent living https://dpac.uk.net/2013/12/what-price-independent-lives-a-new-report-on-bedroom-tax/

Government lose appeal against decision that WCA discrimates against those with mental health issues. The Mental Health Resistance Network (MHRN) who instigated the case against the WCA celebrate another victory. MHRN a grassroots group were later joined by the charities, but without MHRN the case would not have got to the courts. https://dpac.uk.net/2013/12/victory-against-wca/

DPAC joins Boycott Workfare in targeting companies replacing paid work with workfare https://dpac.uk.net/2013/12/target-the-companies-replacing-paid-work-with-workfare/

DPAC support ALLFIE’s call for action https://dpac.uk.net/2013/12/educate-dont-segregate-allfies-call-for-action-on-the-10th-december-1pm/

We publicise Equal Lives’ video on how the cuts effect at the local level https://dpac.uk.net/2013/12/our-lives-equal-lives-norfolk-and-the-cuts/

DPAC posts video by Colin Barnes on the importance of the social model by UCU https://dpac.uk.net/2013/12/interview-with-colin-barnes-what-are-the-origins-of-the-social-model-of-disability-and-why-is-it-so-important-to-equal-rights-campaigners/

DPAC attends open meeting with Mike Penning https://dpac.uk.net/2013/12/feedback-from-todays-meeting-with-mike-penning/

DPAC publicises the case of Anthony Kletzander’s treatment in Ireland at the hands of ‘professionals’ as he is denied basic rights https://dpac.uk.net/2013/12/update-anthony-kletzander-needs-your-help/

Owen Jones names DPAC as one of his ‘person of the year’ choices for 2013 https://www.independent.co.uk/voices/comment/who-is-your-person-of-the-year-9018337.html

Left without Food and willing to talk to a journalist so people know this is happening in the UK today.

All Posts, Benefits, disability hate crime, Disability Rights, Politics, welfare cuts, Welfare reforms 5 Responses »

Dec 092013

Frances Ryan, a journalist for The Guardian and New Statesman, is looking fo disabled people and those with a long term health condition willing to share their experiences of food poverty: both how we’re being affected by it and ways you’re dealing with it.

Due to being a disabled person, have you had difficulty accessing out-of-home help like food banks?

Have you been unable to buy food due to benefit changes?

Have you had to rely on other ways to find food when you couldn’t afford to buy it? e.g. scavenging, skipping etc.

Has your impairment/long term illness worsened due to malnutrition?

Any experiences you think are relevant and you’d be willing to share, please get in touch on frances.ryan18@btinternet.com. Thank you. (Please email rather than write in the comments below as I wouldn’t want to miss your input.)

We think that it is important for people who have no idea what is happening to some of us to hear the truth so if you are willing to share your details with Frances we hope this will help let people know how disabled people, young children and others who have been sanctioned for bizarre reasons such as looking for too many jobs are being left to starve in the UK today due to the policies of the Condem government.

What Price Independent Lives: a new report on bedroom tax

All Posts, Bedroom tax, Disability Rights, Independent Living, Resources, welfare cuts No Responses »

Dec 032013

What price independent lives? – launched on the United Nations Day of Disabled People – highlights the combined effect of a range of benefit cuts on disabled people’s incomes and the particular threat this poses to independent living.

Analysis of Habinteg’s detailed tenancy data at a six month point after the introduction of benefit cuts revealed the specific financial hardship faced by disabled tenants as a result of benefit restrictions. It shows that two thirds of tenants affected by the bedroom tax are disabled people.

However the impact of this is deepened when the same people face other benefit cuts and variable policies by local authorities. The result is that the ability for disabled people to pay the additional costs associated with living an independent life is being severely restricted.

Key findings of What price independent lives?:

· Two-thirds of Habinteg tenants affected by the bedroom tax are disabled people and of these, after six months of the new rules being in place, only a third had been exempted from paying by local authorities.

· 56 per cent of Habinteg tenants living in wheelchair standard properties have not yet been given exempt status from the bedroom tax.

· Only 15 per cent of tenants who receive Disability Living Allowance (DLA) but live in general needs properties have been given bedroom tax exempt status by their local authority raising concerns that disabled people in this group may be faced with additionally reduced income when tested for eligibility for Personal Independence Payment (PIP).

· The localised criteria for bedroom tax exemption has created a new postcode lottery for disabled people with an inconsistent and unpredictable approach which varies between local authorities. Such variation reinforces the barriers disabled people face if they want to move, whether for job opportunities or other reasons, and deepens inequality between disabled and non-disabled people.

· Most tenants adversely affected by the bedroom tax are preparing to “stay and pay” in order to keep their existing property. The chronic shortage of wheelchair standard and accessible properties makes moving to downsize simply not an option.

· Where local authorities do not agree exempt status, Habinteg is supporting tenants to apply for financial support under the Discretionary Housing Payment (DHP) schemes. However, where information is available, it suggests that many disabled people are being refused DHP support. Three out of four case studies in the report have been refused DHPs. Some tenants have been given this support by their local authority while others in similar circumstances have been refused. This inconsistency makes it difficult for housing providers to manage their response and support tenants.

Habinteg is calling for the Government to repeal the bedroom tax, especially in respect of disabled people, review their stance on Universal Credit which will not cover service charging on disability-related adaptations and revise their plans to cut benefit payments under the transfer from Disability Living Allowance to Personal Independence Payments.

Habinteg Chief Executive, Paul Gamble, said: “Our report shows clearly the disproportionate impact from combined welfare reform policies on disabled people and highlights the very serious risk that the basic right to an independent life is threatened by the increased financial burden.

“We want the Government to acknowledge, understand and act on the cumulative impact of its welfare cuts agenda on disabled people. We are calling for the repeal of the bedroom tax, especially in respect of disabled people along with other steps to ensure their on-going right to independence and inclusion in their homes and communities.”

Baroness Rosalie Wilkins, Vice-Chair of the All-Party Parliamentary Disability Group, said: “Habinteg’s new research provides a rallying cry for choice, independence and equality. Independent living is a right not a privilege. The way in which the bedroom tax cuts the incomes of disabled people at a stroke and impinges on their ability to live independently is something that must be challenged.

“I fully endorse Habinteg in their efforts to persuade the government to listen to the evidence, call a halt to the bedroom tax and rethink a welfare benefits programme that is unfairly impacting on disabled people.”

A Habinteg tenant case study from What price independent lives? (who wished to remain anonymous) said: “I can’t begin to explain how stressful this whole process has been. It was a trauma to work out what I was going to do. I kept thinking why would they do this?

“I never believed that moving was an option as the lack of a purpose built one bedroom wheelchair accessible home gave me no choice but to find a way to pay.”

The full report can be found at www.habinteg.org.uk/whatpriceindependentlives

Independent Living Rights News edition 2

All Posts, Disability Rights, Independent Living, international, welfare cuts, Welfare reforms No Responses »

Nov 252013

Independent Living Rights News (25/11/2013)

IMPORTANT NEWS FROM ITALY:

Significant Independent Living Rights Victory In Face Of Harsh Austerity

On 21 November, the ‘Comitato 16 Novembre Onlus’, which is led by severely disabled people, finally secured a long-term commitment from the Italian government that more than 300 million Euros will be invested annually in personal assistance support for disabled people living in the community following a campaign of direct action.

Interview in Italian with Mariangela Lamanna, the Comitato’s Vice President, immediately after their victory:

https://tv.ilfattoquotidiano.it/2013/11/21/malati-sla-letta-ripristinati-i-fondi-comitato-16-novembre-e-stata-durissima/254670/#disqus_thread

Protest held in Rome on 20 November 2013:

https://tv.ilfattoquotidiano.it/2013/11/20/sit-in-malati-di-sla-manifestante-si-stacca-il-respiratore-non-mi-importa-di-morire/254489/

1. Pam Duncan

Disability rights and anti-bedroom tax campaigner Pam Duncan, who is also an Independent Living Fund user, continues to campaign for the Labour Party’s nomination for the forthcoming Falkirk by-election. The selection meeting is on 8 December.

The Disability News Service has published an interview with Pam at:

https://disabilitynewsservice.com/2013/11/disabled-activist-could-become-first-mp-to-use-independent-living-fund/

And you can see videos of Pam speaking at the Scottish Labour Conference in April and talking about her life as a disabled person and personal assistance user at:

https://m.youtube.com/watch?v=EAonqvZt5oA&feature=c4-feed-u

https://www.iriss.org.uk/resources/pam-duncans-story-so-far

More info at:

https://pamduncan.com

2. Leading Labour Politician Comments On The Independent Living Fund

Leading Labour politician Margaret Beckett MP has pointed to the ‘extra burdens’ the closure of the ILF would place on local authorities.

In the Derby Telegraph (15/11/13) she wrote: “Just a year after we all applauded the brilliant sportsmen and women who competed in the Paralympics, many more people with disabilities….will be affected if the Government closes the Independent Living Fund.”

“That fund was set up when the Tory Government, under Margaret Thatcher, was cutting benefits for people with the most serious disabilities. The Independent Living Fund was set up in part to compensate for the withdrawal of those other benefits.”

“Today, Margaret Thatcher’s successors, working hand-in-hand with the Liberal Democrats, are trying to remove it. The Coalition claims that councils should then fund the services and support the Independent Living Fund used to provide. This would place substantial extra burdens on councils, already facing massive cuts.”

3. Independent Living Rights Appeal Court Victory

Independent Living Fund users who successfully challenged the government’s decision to close the Fund and the Save the ILF Campaign still do not know if Disabled People’s Minister Mike Penning will meet with them.

Gabriel Pepper, one of the ILF Five involved in the legal challenge who is from Waltham Forest in North London, has previously been helped by Ian Duncan Smith to secure vital health treatment when in 2001 he made representations to the Labour health minister Alan Milburn on Gabriel’s behalf.

https://www.yellowad.co.uk/News.cfm?id=39423&headline=GABRIEL%20IS%20DISABLED%20FUNDING%20SAVIOUR

Below are links to the full Appeal Court judgement in the ILF Five legal case, and the solicitors Press Release and Briefing Note:

https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/1345.html&query=bracking&method=boolean

https://www.scomo.com/documents/ILF_press_release-final.pdf

https://www.scomo.com/documents/ILF_BRIEFING_NOTE-06.11.13.pdf

A ‘Legal briefing on the decision in the ILF appeal’ has been produced by Louise Whitfield of Deighton Pierce Glynn solicitors who acted for three of the claimants. This contains important legal advice about the Court of Appeal judgement and the legal issues the Department for Work and Pensions and Ministers must now confront.

https://www.deightonpierceglynn.co.uk/news/news_docs/536648%20ILF%20appeal%20legal%20briefing%20note%20LW%20Nov%202013.pdf

4. Facebook

As well as following the Facebook group of Disabled People Against Cuts, some disabled people active in the ILF campaign that supported the ILF legal case share information through the “Because We R Worth It!” Independent Living Facebook group.

5. Interesting Articles

Sunil Peck’s report in ‘Disability Now’ of the upbeat meeting of 120 disabled activists and allies in London on 19 November that was held to celebrate the launch of Disability History Month. This year’s theme is ‘Celebrating our Struggle for Independent Living: No Return to Institutions or Isolation’:

https://www.disabilitynow.org.uk/article/independence-key-disability-history-month

An article about the ILF Five’s Appeal Court victory by Rachel Salmon for the ‘Women’s Views On News’ site which features an interview with leading activist Sue Elsegood:

https://www.womensviewsonnews.org/2013/11/living-not-just-surviving/

An article by Mark Wilson of ProMove commenting on the calls for Esther McVey to resign:

https://www.promove.uk.com/blog/esther-mcvey-resignation-calls-will-do-little-to-help-disabled-people/

6. All-Party Parliamentary Disability Group (APPDG)

The next meeting of the APPDG is on 9 December, and Disabled People’s Minister Mike Penning will be attending. In its report ‘Promoting Independence, Preventing Crisis’ that was published jointly with the Local Government All-Party Parliamentary Group in May 2013, the APPDG adopted the following position towards the proposed closure of the Independent Living Fund:

“The Government should acknowledge disabled people’s concerns about the closure of the Independent Living Fund and work more closely with them to manage the closure for the 20,000 affected.”

The Appeal Court’s decision to quash Esther McVey’s decision to close the Independent Living Fund provides an opportunity for the APPDG to reflect on its position towards the ILF and decide whether or not to call for a long-term future for the Fund.

7. Disabled People’s Minister Mike Penning’s Comments On The ILF

Last week, Welsh MP Hywel Williams of Plaid Cymru tabled an ‘oral question’ on 18 November for Mike Penning about the future of the Independent Living Fund. The text below is from Hansard:

Hansard

“Hywel Williams (Arfon) (PC): What plans he has for the future of the independent living fund.

The Minister of State, Department for Work and Pensions (Mike Penning): We will consider the Court of Appeal judgment carefully and will announce plans in due course.

Hywel Williams: I declare an interest, in that my brother is enabled to live independently in his own community by the ILF, and I am extremely grateful that that opportunity is afforded to him. Will the Minister assure the House that when the Government come to consider their future plans, there will be full consultation this time with disabled people and disability groups in Wales, the regions of England, and Scotland, and specifically with the Welsh Government?

Mike Penning: I greatly respect the hon. Gentleman, but the conclusions of the Court of Appeal were nothing to do with consultation. It was a process issue, in that the Court felt that the Minister had not been given enough information, based on the information that was put in writing. The Court went on to say that there was evidence that the Minister [Esther McVey] ‘consulted personally with many affected groups’ and it had ‘no doubt that evidence of hard cases would have been forcefully drawn to her attention.’ That is what the Court ruled. It had nothing to do with consultation.”

Comment:

Hywel Williams is the brother of an ILF user, therefore any comments he makes as an MP on this issue have the added force of being from an advocate for the interests and needs of his brother and other disabled people. By raising the veracity of the consultation, he is reflecting the disquiet among disability organisations within Wales about the initial consultation process. This disquiet is also shared in both Scotland and Northern Ireland. While the government can argue the Appeal Court ruling means the process followed during the ILF consultation was lawful, ILF users and disabled people’s organisations still have significant concerns about how it was run. Among these is the failure to publish an equality impact assessment before the consultation started, and the inability of disabled people and family carers to bring important issues and the potentially detrimental implications of the ILF’s closure to the surface.

In his response, Mike Penning emphasised strongly in his tone that Esther McVey’s decision to close the ILF was based on insufficient written information. This could be a reference to the DWP’s limited written interim analysis of the consultation responses that was completed on the Wednesday following the consultation deadline at midnight on Friday 12 October 2012.

Mike Penning’s reference to Esther McVey’s meetings with disability organisations, where it is assumed examples of ‘hard cases’ would have been raised with her in the run-up to her closure decision, is possibly an attempt to argue that at the time of the decision McVey was actually fully aware of the consequences of closure. This could be a response to some of the points made in the Appeal Court ruling and might mean a possible approach by the DWP and government would be to argue all that is needed to get back on course is a review of the ‘documentary evidence’.

An alternative reading might be the government is trying to put distance between McVey and the DWP’s consultation analysis to find a way of back-tracking politically. Given that the Appeal Court ruled the consultation process was lawful, this would be difficult to achieve as it would mean acknowledging the DWP’s approach to ILF users and their families during the consultation was wrong.

DWP tactics: ask Litchfield designer of the WCA to review it! Anita Bellows

All Posts, Atos, Disability Rights, welfare cuts 3 Responses »

Nov 132013

Dr Paul Litchfield, who has been asked by DWP to carry out the 4^th Independent Review of the WCA is not as independent as he seems.

He was part of the Mental Health Technical Working Group commissioned by DWP in 2006, with, among others, Sue Godby from the College of Occupational Therapists and Unum Provident, and Dr Angela Graham from Atos Origin, to develop ‘proposals from transforming the Personal Capability Assessment (the forerunner to the WCA), from an incapacity-based tool for determining entitlment to Incapacity Benefit to a more positive assessment incorporating assessment of capability and of health related interventions which would contribute to overcoming health-related barriers preventing people with disabilities from engaging with work’.

With new emphasis on what disabled people were able to do rather than on their limitations or on the social barriers they may encounter, the new test was what effectively became the WCA, adopting the biopsychosocial model promoted by Unum.

The new descriptors are a mirror image of the old ones, which recognised that some actitives could not be performed at all by a disabled person, while the new ones only recognise different levels of ‘difficulties’ for the same activity.

But this new version of PCA also makes a clear break from the old one as its intention is not only to explore disabled people’s residual functional ability but also ‘their approach and attitude to returning to work’ which is one of the main feature of the biopsychosocial model, which sees disability or sickness as a ’state of mind’.

Ultimately there is a very clear conflict of interest: Dr Paul Litchfield will have to assess the effectiveness of the WCA, in particular ‘the way that mental health conditions are considered in the WCA’ and to consider the ‘biopsychosocial factors that influence capability for work’ as part of his review.

As part of the evidence one can speculate that he will certainly also receive, like Dr Harrington, strong calls for the WCA to be scrapped.

And as Dr Harrington did, he will certainly respond that the Independent Reviewer has not seen or heard any compelling arguments or evidence that the whole system should be scrapped.

How could he not say that about the WCA? After all, he designed it.

See the following document which now only seems to exist on the website WhyWaitforEver or as a hardcopy in the Parliament Deposited Papers: Transformation of the Personal Capability Assessment

Add your voice to DPAC’s survey….

Action, All Posts, disability hate crime, Disability Rights, DLA, Inclusive Education, Independent Living, Independent Living Fund ILF, Legal aid, Reclaiming our Futures, Social Model, Welfare reforms No Responses »

Nov 122013

Add your voice to DPAC’s survey–what needs to change? What are the key issues for disabled people under this Government? We know most of them-but what about specific barriers: education, transport, building more accessible housing-are they getting worse or better?…Tell us…so it’s not just us arguing for change…

https://www.surveymonkey.com/s/WYZVQXV

Independent Living Fund Judgement- November 6th 9.45am

Action, All Posts, Disability Rights, Independent Living, Independent Living Fund ILF, legal challenges, News, Politics, Welfare reforms No Responses »

Nov 012013

We have just heard that the judgement on the ILF case will be made on Wednesday morning (6 November) at 9.45 am in court 63. We will not know the decision until then

Our ILF solicitors are advising people that it would be good to be at the Royal courts of Justice on Wednesday for the judgement . They are contacting the press and will be putting together a press release to hand out on Wednesday morning. The hearing will only last a couple of minutes as there will be no legal submissions, just the court staff handing over the written judgment and someone reading out the court order.

We appreciate this is really short notice and that many of you will not be able to get to court but if you can that will be great!

We will be giving more info out on Monday.

Watch Breaking Free : BBC 4 TV Weds 30th 9PM

All Posts, Disability Rights, Politics, Reclaiming our Futures, Social Model No Responses »

Oct 262013

Part of the ‘Disowned and Disabled’ series: with Anne Rae, Judy Hunt (wife of Paul) and Kevin Donnellon -this is a great start- Anne and Judy will have the angle on disability history and the rise of the disabled peoples’ movement

The TV blurb tells us:

Part two of the series tells the largely unknown story of disabled people’s battle for equality in the decades following the second world war. It was a battle led by people who as children had found themselves rejected by society; stigmatised and traumatised by years of patronising care and forced segregation.

Before the 1940s, society had always assumed that children with physical and learning disabilities would not amount to anything. Care for physically disabled children was largely based on trying to make them appear ‘normal’; children with learning disabilities were often housed in institutions for ‘idiots’ and ‘imbeciles’, and received little to no education.

In the late 1960s, the first generation of post-war disabled children came of age. Inspired by the civil rights movement and the sixties spirit of liberalization, disabled young people founded a new movement to fight for equal rights. Over the next two decades, the disabled peoples movement grew in strength, putting increasing pressure on the government to improve the lives of disabled people and to end the discrimination many continued to experience.

Change was slow to come, but in the 80s and 90s a huge shift in policy and attitudes began to take place. This had a profound effect on the lives of future generations of disabled children, an effect which continues to be felt to this day. Using the powerful stories of individuals such as Kevin Donnellon and Anne Rae, who tell the moving and uplifting stories of their lives and how they fought for change, this film sheds light on the often harsh reality faced by disabled children in the late 20th century. It is also a story of empowerment

And https://disabilitynewsservice.com/2013/09/reclaiming-our-futures-social-model-still-has-crucial-role/

Let’s hope the BBC can manage to commission a program about the current onslaught on disabled peoples’ rights and lives in the 21^st century very soon-but we won’t be holding our breath

Equality and Human Rights Comission & UNCPRD

Action, All Posts, Atos, Bedroom tax, Benefits, disability hate crime, Disability Rights, ILF, Inclusive Education, Independent Living, Independent Living Fund ILF, Legal aid, Reclaiming our Futures, Social Model, welfare cuts 1 Response »

Oct 152013

The Equality and Human Rights Commission is engaging with disabled people and disabled people’s organisations on the key issues under the Disability Convention (UNCRPD).

You can find the questionnaire here https://www.equalityhumanrights.com/human-rights/our-human-rights-work/international-framework/un-convention-on-the-rights-of-persons-with-disabilities/the-un-disability-convention-participation-questionnaire/

DPAC is calling on disabled people to tell the EHRC about the impact of this stigmatising government and the concerns we have about the replacement of the social model of disability with the bio psycho social model.

see for more on biopsychosocial model: https://dpac.uk.net/2012/04/a-tale-of-two-models-disabled-people-vs-unum-atos-government-and-disability-charities-debbie-jolly/

Update on ILF appeal 15th Oct

Disability Rights, ILF, Independent Living Fund ILF, legal challenges, Reclaiming our Futures, welfare cuts No Responses »

Oct 142013

15th October

ILF judgement will be given ‘soon’ 4-6 weeks.

Big thanks to the 5 brilliant disabled people who took the case, to the solicitors who have done a fantisitic job, and all that supported this- this is about all our futures and its not over yet…

14th October

It was never made clear if we have been given permission or not for the appeal to go ahead (had that confirmed by our solicitors!) But they are letting our barrister go through our arguments and have scheduled our side to finish off tomorrow morning and DWP barrister to present from twelve tomorrow.

The judgment could be not giving us permission to appeal or it could be to uphold our appeal or to dismiss it. …

As you may have seen from tweets, judges’ comments did bring up the whole issue of the courts not being there to micro manage government policy and really questioning our barrister about what evidence there is that the minister did not have due regard (it doesn’t matter that the outcome of the policy is to the detriment of disabled people, what matters for the case is proving she didn’t have all the information when she made the decision).

Our solicitors are pleased so many people being present there today as made a very good impact having so many disabled people in court so many many thanks to those who came.

On to day two…

Solidarity all.

with thanks to Ellen

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