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Offensive mail by the charity Rethink

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Aug 232014

Read Denise McKenna’s co founder of Mental Health Resistance Network (MHRN) response to Rethink’s mail out that termed people with mental health issues as a ‘disease burden’!

DPAC fully support our good friends Denise and MHRN in urging Rethink to issue an immediate apology for using this offensive term.

If you want to email Rethink’s CEO too his email is mark.winstanley@rethink.org

Dear Mr Winstanley,

Members of the Mental Health Resistance Network (MHRN) and our friends at Disabled People Against Cuts (DPAC) were included in your mail-out below. We were shocked and bewildered that Rethink thought it acceptable to use the term “disease burden” in relation to mental health in a bulk mail-out. In this context it is brutal language and has caused offence to those of us who live with mental distress and to other members of the disability movement who have received your mailing.

“Disease burden” is a specialist piece of jargon used in disease informatics but, even when used in this context, disabled people do not accept that it is neutral. No language is neutral and this term should never have been used in a mail-out to random disabled people. You are no doubt aware that the words “disease” and, above all, “burden” are highly toxic to disabled people and those living with mental distress. It was crass to send this out willy nilly. Is there no sensitivity at Rethink?

We urge you to issue an immediate apology to all of the people who received this mailing and rightly experienced it as offensive and hurtful.

Yours sincerely,

Denise McKenna

Co-founder, MHRN

Manifesto for Better Mental Health

Dear

Today we’re launching A Manifesto for Better Mental Health which sets out practical changes that a future Government must make in order to ensure our mental and physical health are valued equally. We’ve joined forces with our colleagues across mental health to agree on five key areas we are calling on all political parties to commit to if they are elected in 2015.

Mental health accounts for 23% of the disease burden, but it gets just 13% of the NHS budget and funding has been cut even further for the last three years.

This is not acceptable. The next Government must seriously tackle this issue.

That’s why we need YOU. You can help us secure change by:

Send a card to your MP with the Manifesto’s key priorities for action

1. Fair funding for mental health
2. Give children a good start in life
3. Improve physical health care for people with mental health problems
4. Improve the lives of people with mental health problems
5. Better access to mental health services

Share our asks on social media and raise awareness

Our ‘Manifesto for Better Mental Health’ has been written with the Centre for Mental Health, Mental Health Foundation, Mental Health Network, Mind and the Royal College of Psychiatrists.

Together we intend to turn this tide. Our time has come.

Thanks for your continued help and support,

Mark Winstanley
Chief Executive

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

Victory against WCA

All Posts, legal challenges, welfare cuts 1 Response »

Dec 042013

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 been brought. Full press release below…

Government appeal against Work Capability Assessment discrimination ruling is rejected

The Court of Appeal today (4 December 2013) rejected the Government’s appeal against a landmark ruling by the Upper Tribunal that the Work Capability Assessment discriminates against people with mental health problems.

During a four day hearing in January 2013, the Upper Tribunal heard evidence from the 2 disabled claimants, from mental health charities, Mind, Rethink Mental Illness and the National Autistic Society, as well as from the Government about the operation of the Work Capability Assessment[1], and the experience of people with mental health problems going through the process. In May 2013, having weighed the evidence, the tribunal concluded[2] that the process substantially disadvantaged those with mental health problems[3]. This was for two main reasons: first because the application process and the face to face interview can be particularly distressing and confusing for those with mental health problems; and second because of the great difficulty that many with mental health problems have in explaining their condition, which increases the risk that the benefit will be wrongly refused.

To remedy this disadvantage, the claimants, supported by the mental health charities and by the Equality and Human Rights Commission, argued that where ESA applicants have mental health problems, the DWP should consider obtaining medical evidence from the claimant’s doctor or psychiatric team at every stage of the process, and if a decision was taken by Atos or the DWP not to ask for medical evidence, this would have to be justified at each stage. This approach followed a recommendation made in November 2012 by Professor Malcolm Harrington, an independent reviewer of the process appointed by the Government.

The Government refused to implement this adjustment because it argued that the system did not discriminate against people with mental health problems. As stated above, the tribunal disagreed. It ruled that the adjustment to the process recommended by Professor Harrington might be a reasonable response to the “substantial disadvantage” it had found, and urged the Government to carry out a trial to see if obtaining further medical evidence earlier in the process would make the process better for people with mental health problems. Once the new process was trialled, the tribunal asked the Government to return to court for a hearing about whether – in light of the trial – the adjustment was reasonably necessary.

Instead of accepting the tribunal’s findings, and conducting an urgent trial, the Government appealed to the Court of Appeal against the tribunal’s finding of “substantial disadvantage”. It also argued that the two claimants did not have the right to bring the case because they themselves had not been adversely affected. Today the Court of Appeal rejected the Government’s arguments on both these points. In giving the main judgment of the court, Lord Justice Elias stated that:

“the Tribunal identified various ways in which [Further Medical Evidence] would assist [people] with a range of mental disabilities, and in my judgment there was sufficient evidence to justify the conclusion that [mental health patients] were placed, as a group, at more than a trivial disadvantage”.

The claimants solicitor, Ravi Low-Beer of the Public Law Project, stated:

“It is regrettable that the Government chose to appeal against the tribunal’s finding that people with mental health problems are disadvantaged by the current system, rather than take the steps necessary to improve it. Now that the Court of Appeal has upheld the tribunal’s finding, we sincerely hope that the Government will take immediate steps to improve the system. Disabled people, charities and many others are only asking the Government to implement the recommendation of the independent expert the Government itself appointed. This has been delayed since May 2013 while the Government appealed. It should not be delayed further.”

For further information contact Ravi Low-Beer on r.lowbeer@publiclawproject.org.uk or 020 7843 1264.

[1] The WCA is a face to face interview conducted by healthcare professionals employed by a private company, Atos Healthcare to assess eligibility for Employment and Support Allowance. Approximately 28,000 ESA claims (some 11,000 from existing Incapacity Benefit claimants, and some 17,000 from new ESA claimants) are made each week, around 40% of them by applicants who suffer from mental health problems. The speed and quality of the Work Capability Assessment interviews and the decisions resulting from them have been consistently criticised by disabled people.

[2]https://www.publiclawproject.org.uk/news/7/press-release-work-capability-assessment-discriminates-against-claimants-with-a-mental-health-disabi

[3]https://www.bailii.org/uk/cases/UKUT/AAC/2013/259.html

Vigil for WCA case; support Mental Health Resistance Network 21st October

Action, All Posts, Atos, legal challenges, News 1 Response »

Oct 202013

As many of you know the DWP are appealing against the decision that the WCA is detrimental to those with mental health issues. DPAC wants to be there to support the Mental Health Resistance Network who originally won the case

The vigil will happen outside the front entrance, Royal Courts of Justice (The Strand, London, WC2A 2LL) on Monday 21st October at 12 noon until 2 pm.

The appeal will be heard in courtroom 72 Royal Courts of Justice, the case starts at 10.30 am.

The WCA is detrimental to everyone, but the obvious added stress, anxiety and lack of Atos professionalism in gaining supporting evidence is particularly severe for those with mental health issues.

This system is breaking and we must keep up the pressure for the inhumane WCA to be scrapped completely, as DPAC has always argued.

Please check www.tfl.gov.uk for more travel information

Accessible toilets around the royal courts:

– There is an accessible toilet outside Embankment tube station and inside Charing Cross station.

– There are toilets opposite the Royal Courts but these are not accessible

– There are also accessible toilets inside the Royal Courts themselves – see page 10 of this booklet: https://www.justice.gov.uk/downloads/courts/rcj/facilities-and-access/Facilitiesservicesleaflet2011.pdf

ILF and MHRN court appeals: DPAC vigils planned for October

Action, All Posts, Atos, Disability Rights, Events, ILF, Independent Living, Independent Living Fund ILF, legal challenges, News, Reclaiming our Futures, welfare cuts 1 Response »

Sep 172013

On the 14^th October, five ILF users will appeal against the previous court decision that the ILF consultation was carried out fairly at the Royal Courts of Justice. DPAC will be there again and, again have a vigil outside the courts to show support-we will update with further details as they become available.

The initial court case showed that the funds for ILF when transferred to local authorities will cover just one year, something that local authorities did not appear to be made aware of by this Government. A write up from those documents can be found here: https://dpac.uk.net/2013/03/summary-of-secret-correspondence-from-the-dwp-to-mcvey-on-the-ilf-closure/

In the meantime you might like to see some of the stories from those at risk of losing the support to independent living at https://dpac.uk.net/independent-living-fund/

As many of you know the Mental Health Resistance Network are appealing against the DWP that the WCA is detrimental to those with mental health issues. DPAC wants to be there to support them. The appeal will be heard on Monday 21st October to Tuesday 22nd October 2013. The vigil will happen outside the royal courts of justice on Monday 21st October at 12 noon until 2 pm.

The WCA is detrimental to everyone, but the obvious added stress, anxiety and lack of Atos professionalism in gaining supporting evidence is particularly severe for those with mental health issues. This system is breaking and we must keep up the pressure for the inhumane WCA to be scrapped completely, as DPAC has always argued.

Keep checking the DPAC web or twitter for updates

Aug 132013

Reclaiming Our Futures UK

Join this year’s week of action to protest against austerity, fight for our rights and celebrate disabled people

From 29th August – 4th September DPAC and other campaigns will offer a range of activities you can get involved in. These events will bring together our anger at what is happening now, and celebrate our victories won, both in the past and to come.

Our rights are being stripped away day by day, by the neo-liberal policies being imposed on us all by the Condems, leaving us without much hope for our futures – or our children’s.

We have been here before. Our history is littered with examples of how our community has come together when under attack to fight – and win. From the early campaigns of NLBDP (National League of Blind and Disabled People) through to the founding and manifesto of UPIAS (Union of

the Physically Impaired Against Segregation) and on to DAN (Direct Action Network)- Now we have DPAC leading direct action and a host of other key grass root campaigns working towards reclaiming our rights and futures.

We have fought our corner over 3 centuries. And those fights have brought victories; the Independent Living Movement, our early CILs (Centres for Independent Living) and early active DPO’s (Disabled Peoples Organisations) and the significant rights for disabled people (which are now under attack). They represent big victories, brought about by mobilizing in our communities around our common cause – and having the will and determination to see our demands met without compromising our rights. We have consistently united in anger and celebration.

Download easy read information about the week here:

DPAC easy read (2)

DPAC Reclaiming our Futures Action

This autumn, we are asking our community to come together in anger, and celebration again – and to unite around our demands

We will be launching the UK Disabled People’s Manifesto setting out our vision of how the resources, structures and institutions of our society today can be re-designed to empower disabled people to take part in life on our terms. Disabled people are, and always will be, the experts on our lives and our self-determination. It will be a vision and practical plan that we can take forward in our communities, workplaces and lives to reclaim our futures.

In the build up to the manifesto launch, DPAC is leading The ‘Reclaiming Our Futures’, seven days of action to protest against the targeting of disabled people by austerity measures, to fight for our rights for inclusion and independence as equal citizens and to celebrate the value, pride and self determination of disabled people.

The plan below is only half the story. We want YOU, your Deaf and Disabled People’s Organisation, your campaign group, your community, your friends to put on events and get involved too. Can’t get to our exhibition? – then put on your own. Can’t get to our direct action? – then do your own. Barbecues, debates, quiz nights, family days, picnics – whatever! ACT – in celebration or in anger! (PS don’t forget to let us know what you’re doing).

Day by Day: 29^th August-4^th September

Thursday 29th August – YOU launch our 7 days of action

A range of resources will be available for your use as we ask all supporters to start our week of action with an online blitz. You will be the ones creating the buzz and the hype sending letters and twitter messages to targets of your choice ranging from MPs to disability charities to the media. We will be producing twibbons and memes but make and circulate your own. If you haven’t got a Social Media account (such as Facebook & Twitter) set one up now, link to DPAC ( twitter: @Dis_PPL_Protest) and let’s create a cyber wave. #dpacrof

The launch will coincide with Transport for All’s Day of Action to make CrossRail accessible: https://dpac.uk.net/2013/07/day-of-action-to-make-crossrail-fully-accessible-thursday-29th-august-2013/

Friday 30th August – Local Protests

Last year during the ATOS Games over 30 local actions took place around the UK Local actions mean you get to choose the target of your choice. You could take the Reclaiming Our Futures manifesto to present at your local MP’s constituency office, spread it through social media, protest on the streets against segregated education, the proposed ILF closure or show solidarity at your local Remploy site (for those few factories in their last weeks of operation). Alternatively, you might want to lobby your local Council on the Bedroom Tax and cuts to local services/support. Oh, and as we know ATOS offices are still around too….we’re sure you have other great ideas to add… Remember to let us know what you are doing so we can promote your actions. We will be producing local action resource packs but any materials you develop please send us copies to share with other protests and online.

Saturday 31st – Disability, Art & Protest Exhibition and Fundraising Gig

An exhibition and sharing of work exploring disability, art and protest followed by a ticketed fundraising gig run in partnership with Madpride and Tottenham Chances. Come during the day and join in our banner making workshop to prepare for the big Freedom Drive on the 4^th September. If you would like to nominate an artist, collective and/or piece of work please let us know (including any links) and we will try to get them involved. If you want to do a local, street or online art protest too-this could be the day to do it.

Venue: Tottenham Chances, 399 High Road, London, N17 6QN Times:

12 – 7pm Exhibition: disability, art and protest

1 – 3.30pm Banner and placard making workshop

4 – 6pm Work Sharing

7.30pm till late Gig

Sunday 1st September – Reclaiming the Social Model: the social model in the 21st Century

Anne Rae: former UPIAS and current chair of the Greater

Manchester Coalition of Disabled People (GMCDP),

Colin Barnes: Professor of Disability Studies at Leeds Centre for Disability Studies

As government and the private sector increasingly use a so-called ‘modern understanding of disability’ to redefine who is and who isn’t disabled it is more important than ever that we understand, defend and promote the social model of disability. This isn’t helped when the social model is not fully supported within our movement. This event will be a chance to hear from a range of speakers and to discuss why the social model is still relevant today to our lives and our futures and to map out what we need to do to fight for it. The event will be live-streamed with the opportunity for people to participate in the discussion virtually. We will also be promoting a range of resources around the social model.

Venue

UNITE House, 128 Theobald’s Road, Holborn, WC1X 8TN

Time: 12.30 – 4.30pm

Monday 2nd September – Direct Action

Despite the huge efforts of thousands of disabled people throughout the country, it is increasingly difficult to find spaces where lies, inaccuracies and mis-use of statistics can be challenged. DPAC recently released a study into how the DWP uses all of these to vilify and demonize disabled people.

See more at: https://dpac.uk.net/2013/06/lies-damn-ids-and-statistics/#sthash.MAk5nTiU.dpuf

But why is this down to us? People should be presented with both sides of the story and this isn’t happening. Disabled people are having to find ways to make sure our truths will be heard. Watch this space…

Tuesday 3rd September – ‘I Dare’ day

A day of online action to reinforce that we want ‘Rights not Charity’, and a society where we are able to operate on our own terms as disabled people. Dare to ask for Rights not Charity. Dare to be an activist. Dare to ask more of ‘our’ organisations. We aren’t asking for Care, we want Power: Power to write the script for our own lives, and not to be written out or written off by others. A range of actions and captions will be available for you to capture in an image and circulate online.

Wednesday 4th September – UK FREEDOM DRIVE

A final-day march and events in and around Parliament. Four

themed ‘blocks’ will meet at 4 Government departments, central to the lives of disabled people. After handing over our demands, blocks will then move towards Parliament for a lobby where we will formally launch the UK Disabled People’s Manifesto and present our demands to our

elected representatives.

Choose your ‘block’ and meet at 12.45pm at one of:

· Department for Education to oppose government attacks on inclusive education and a return to segregation (Sanctuary Buildings, 20 Great Smith Street, London, SW1P 3BT)

· Department of Energy and Climate Change if you’re angry about the numbers of disabled people living in fuel poverty while the energy companies rake in ever growing profits (3 Whitehall Pl, City of Westminster, SW1A 2AW)

· Department for Transport to challenge inaccessible transport, the opening of new inaccessible stations for Crossrail and proposed cuts to rail staff further reducing customer assistance (Great Minster House, 33 Horseferry Rd, London SW1P 4DR)

· Department of Health to defend our NHS and demand our right to levels of social care support enabling choice, control, dignity and independence (Richmond House, 79 Whitehall, London SW1A 2NS)

Lobby of Parliament: 5 – 6pm – launch of the UK Disabled People’s

Manifesto

WE WANT EVERYBODY TO JOIN US FOR THE FREEDOM DRIVE ideally in person, but also online-this is for everyone everywhere. There will be accessible transport from a variety of towns and cities throughout the country (details to follow) and there is some funding available for transport but we will need your co-operation and patience to make this work for everybody, so please bear with us and note that while DPAC members will be given priority we want to support as many people as we can. If you can’t get there send a photo or your name and you can march with us.

This week of action is yours. Please take part at whatever level suits you – BUT MAKE SURE YOU TAKE PART. Share our events, resources and actions as far and wide as you can.

Let’s Reclaim Our Futures, together!

DPAC web site: www.dpac.uk.net

DPAC facebook:

https://www.facebook.com/pages/DPAC-Disabled-People-Against-Cuts/213545112011414?fref=ts(Open Community group- including allupdates from DPAC)

https://www.facebook.com/groups/DPAC2011/?fref=ts(original open groupDPAC page- faster paced and more opinion driven than community group )

DPAC Twitter: @Dis_PPL_Protest

DPAC email: mail@dpac.uk.net

Remember if you need help with funding to get to London (4^th Sept) email us at mail@dpac.uk.net with details. DPAC members will get first priority but we’re hoping to be able to contribute to all that want to come along. If you are unable to come but would like your picture carried send us a photo or message. Please get in touch with any other queries as well and we’ll try to help.

Download this as a PDF Doc: https://dpac.uk.net/wp-content/uploads/2013/08/Reclaiming-Our-Futures-call-out-long-w-logos-v2.pdf

Download this as a Word Doc: https://dpac.uk.net/wp-content/uploads/2013/08/Reclaiming-Our-Futures-call-out-long-w-logos-v2-1.doc

Reclaiming our Futures is supported by The Edge Fund, Andrew Wainwright Reform Trust, Network for Social Change, Black Triangle, Mental Health resistance network, Wow Petition, Fuel Poverty Action, Occupy London, TUC, UK UNCUT, Boycott Workfare, Right to Work, Just Fair, Unite Disabled Workers, BFAAWU, European Network on Independent Living, Anti-Bedroom Tax and Benefits Justice Federation, and more…..

Mental Health Resistance Network: victory on case against WCA!

Action, All Posts, Atos, Benefits, legal challenges, local groups, News, Welfare reforms 9 Responses »

May 222013

Three judges today confirmed what DPAC and other campaigners have been saying since 2010– the benefits test used to decide whether people are fit for work, actively discriminates against disabled people and those with mental health issues

Mental health Resistance network (MHRN) have won the judicial review case against the DWP on the clear inadequacy of the Work Capability Assessments. They supported two users who took a case against the DWP for the harm these tests do to those with mental health issues. The WCA has been severely criticised since the Condems took over the reins from the New Labour WCA inception, making the tests more and more difficult and more and more humiliating for all concerned.

Last week Dr Greg Wood resigned claiming the tests were biased, there have been a number of high profile resignations from nurses resigning and claiming that not only were the tests unfair they were degrading. This is a subject disabled people know all too well, from the millions lavished on Atos for tests and the millions for appeals.

The judicial review focussed on specific issues for those with mental health issues – that of gathering supporting evidence. Under the current system, individuals are responsible for gathering their own medical evidence and sending it to the Department of Work and Pensions (DWP). If anyone fails to do this, it simply won’t be looked at, and in many cases if you do do this your papers will be brushed aside (see DPACs survey responses on the WCA HERE).

Reporting the victory DPAC’s sister group, Black Triangle Campaign wrote:

“The judgment that the DWP is in breach of the Equality Act is a huge victory for everyone affected by severe mental illness, but it’s sad that it took a court case to force the DWP to take action”.

DPAC wants to congratulate the two people that took the case, MHRN and all others that supported this. We hope this is another step towards outlawing these tests and stopping them for the damage they are causing all disabled people as called for by the BMA and the RCN.

We note that the big Disability charities have , as usual, chosen to take the credit for this success and we say again that this success is due to MHRN a small group that chose to do something. It is due to the two people that took the case and the solicitors involved. This case was not initiated by any of the big disability charities-despite them joining in later to save face.

The charities sat back and did nothing, but they are fast to take the credit for something that they didn’t even contribute too. We hope that the success of the MHRN actions leads to an end to this inhuman process for all and we congratulate them for their tenacity and their actions in getting someone done- to the charities we say: we know the difference between the real heroes and those that try to bask in reflected glory-if you had made the move that MHRN had or acted more vigorously we might applaud you, as it is we are, once more unimpressed by your actions.

https://dpac.uk.net/2013/05/where-are-the-mental-function-champions-at-atos-and-other-atos-type-things/

https://dpac.uk.net/2013/01/dpac-press-release-wca-descriptors-fail-dwp-fails-atos-fails/

https://dpac.uk.net/2012/10/joint-statement-on-work-capability-assessment-wca-by-dpac-and-black-triangle/

https://dpac.uk.net/2012/11/dpac-survey-responses-on-wca-what-harrington-didnt-ask/

Will Legal Victory by MHRN against the Atos Tests be our Last?

Action, All Posts, Independent Living, legal challenges, Welfare reforms 2 Responses »

May 222013

On the 22 May the Mental Health Resistance Network won their Judicial Review case against the Atos tests (WCA) and the impact on those with mental health issues. We congratulate them, the two people that took the case and the solicitors for the work they have done in exposing the WCA for the nightmare that it is for those with mental health issues and all disabled people. The DWP say they will appeal the ruling: we hope this is the beginning of the end for the WCA and the horrors that it is putting people through. However, this success would not have been possible without legal aid, and is tempered with further fears of the legal aid cuts.

The Condems have already pushed through some of their wealth charter on justice and legal rights through their punitive cuts to legal aid for those facing benefit problems. Its not over yet-they now want to re-examine the process of Judicial reviews. However, the cuts so far are already affecting the process of judicial reviews because the new rules mean that those solicitors who take cases are less likely to be paid with the Condem cuts. We do not see all the work that goes into cases nor the effect that the cuts are having on those solicitors and legal firms who believe that justice has no class basis and is not restricted to those with wealth. But the Condems have cut funds to solicitors and CABs which means we have fewer allies to fight our cases. The Condems are doing a great job of removing every element of human rights, welfare and social justice from the British people. We cannot continue to let them get away with it without doing more and more about it.

The proposals cover a range of aspects of legal aid including criminal work, prison law and judicial review and it can be difficult to get across what it means.

In judicial review, for example, it’s hard to explain the impact of the proposal to prevent solicitors getting paid for all the work they do on cases if they don’t end up getting permission to go to a full hearing. So many cases succeed before that by just spelling out what the public body is doing wrong so they realise they have to sort it out. But there can be loads of work involved in getting to that stage and it would be really hard if lawyers can’t get paid for that at all. Judicial review lawyers and other legal aid lawyers will try everything they can to keep trying to help people but it just gets harder and harder to survive and already that means it’s hard to find someone skilled enough who can take cases on.

What is clear is that disabled people will be disproportionately affected within each of the areas that is proposed to be cut – including disabled prisoners and others in the criminal justice system but also in areas like public law/judicial review which disabled people need help with more than ever now because of the effects of other cuts.

We are trying to encourage as many people as possible to come forward with stories that illustrate the real types of problems they face that legal aid is vital to help with. There is a brilliant website set up by someone from Young Legal Aid Lawyers https://savelegalaid.wordpress.com/

People can submit stories of how legal aid has helped them (or hasn’t been able to help them because of the effect of the cuts already – eg in many areas there are ‘advice deserts’ where you simply can’t get hold of a lawyer with the right expertise). There are several about disabled people unable to fight injustice because of cuts already in place in many areas including the criminal justice system.

We need to see more experiences good and bad – the issues and what can be done to sort them out are so invisible to most people. There aren’t many examples of disabled people tackling problems with social services cuts etc.

The website makes it really simple to give the examples. It’s so important to show people that it’s not about lawyers, it’s about people who need advice, and it’s a false economy to deny them that, in so many ways not least undermining the rule of law because people have no real access to justice unless they are wealthy.

Please help and give your stories https://savelegalaid.wordpress.com/

Tweet share on Face Book and pass this on- its up to us!

Please complete the consultation closing date June 4th HERE

More info on Consultation and what is happening HERE

Update on WCA judicial review

All Posts, Benefits, legal challenges, News 9 Responses »

Jan 192013

In case anyone hasn’t seen this on the MHRN facebook page:

HOW THE JUDICIAL REVIEW WENT!

The judicial review was scheduled for three days although we thought that it would only last for two. In the event, it lasted for the whole three days and there was a member of the MHRN in court at all times.

The claimants were asking that further medical evidence should be sought by the DWP from a person’s own health care professionals prior to the ESA50 form being sent out for all people with mental health problems (called MHPs in court). We believe that obtaining evidence at this stage will enable some people to be spared the distress of having to attend the face to face WCA interview and, where they do have to attend it, at least the assessor would know something about their condition and how it affects their functionality rather than the claimant being entirely at the mercy of the Atos computer and an unqualified Atos ‘Health Care Professional’. This in turn might spare some people from going through the misery of having to appeal. And, importantly, it would help identify people for whom regulations 29 and 35 apply. These regulations cover where there would be a risk to a person if they were found fit for work or for work related activity even if they had less than the required number of points for ESA.

Obviously this change is only one way that the WCA needs to be improved on. Initially the MHRN was calling for the test to be completely scrapped but we are also realistic about what can be achieved. Who knows, it may be scrapped in a few years time but, in the meantime, we have to survive it.

Now to the court case.

The case was being brought under the Equality Act and was heard by three judges in the Upper Tribunal Court. It began with much debate about how exactly people with MHPs were being disadvantaged in the process of claiming ESA and the case for the claimants was that the self reporting aspect was often, for a variety of reasons, difficult for people with MHPs. In addition, MHPs may not be able to obtain further medical evidence for themselves. The DWP barrister argued that there was already procedures in place to ensure that further medical evidence was sought in appropriate cases.

As well as the claimants’ barristers there was a barrister representing, jointly, National Mind, Rethink and the National Autistic Society, who also argued the claimants’ case and there was evidence written from consultant psychiatrists. It is hard to say, but, on balance, I felt that the existence of disadvantage may have been successfully established in court, but please, don’t rely on my impression!

A lot of time was spent arguing about who the MHP claimants were being disadvantaged in comparison with. This was very much a technical point and an Equality and Human Rights Commission barrister was present to intervene here.

The claimants were asking that reasonable adjustments are made to rectify a disadvantage (the adjustment being that medical evidence be sought by the DWP in all mental health cases) and therefore the ‘reasonableness’ of this adjustment was also up for debate with the DWP unsurprisingly arguing that it was wholly unreasonable, cost being one factor, the burden on doctors being another, and so on.

So is there a disadvantage and in comparison with whom are MHPs disadvantaged? If there is a disadvantage, would the requested adjustment rectify this disadvantage? And is the adjustment ‘reasonable’?

Obviously, as the case was being brought by individuals, there was some argument over whether the individuals concerned had been disadvantaged and whether the adjustments requested would have rectified that disadvantage. The DWP barrister tried every which way to counter the claimants’ arguments.

The feeling among the members of the MHRN who attended the court was that the claimants got a fair hearing. The judges will be meeting with three high court judges and, I think I got this right, it is these high court judges who will be making the final decision. This will undoubtedly take some time to come through and we have no idea how it will go.

So fingers crossed!

Whatever happens, we’ll never give up!

Disabled people Vs DWP/Atos Judicial Review on WCA Join DPAC Vigil on 16th at 12pm

Action, All Posts, Atos, Disability Rights, Events, legal challenges, Welfare reforms 9 Responses »

Jan 102013

Next week sees 2 disabled people take on the government in a judicial review (1) on the grounds that the process is not accessible for people with mental health conditions.

On 15th, 16th & 18th of January lawyers for 2 members of the mental health resistance network
(2) will be in the administrative high court, the division of the royal courts of justice (3) which handles judicial reviews , in London .
The DWP introduced WCAs to assess disabled people for eligibility for disability benefits. Despite criticism from MPs,(4) the British Medical Association (5) and campaigners, this policy rumbles on.

Dozens of disabled people are dying every week (6) following assessment. nearly 40% (7) of those who appeal the decision to remove benefits, have the decision overturned, meaning thousands of people are wrongly being put through a traumatic and harrowing experience needlessly. The governments own appointed assessor of the policy has ruled it ‘unfit for purpose’ .

This isn’t good enough. This would not be acceptable in any other government contract, yet goes without comment or sanction by this government. No-one is called to account, no-one takes responsibility.

DPAC and MHRN call on ALL activists and supporters to join them in a vigil outside the court to show your support for those taking the case, and your disgust at this shameful and harmful policy.

Action is :

Weds 16th January
@ 12pm
Royal courts of justice, the strand, London wc2a 2ll.

Send a strong, clear signal to those who make the decisions.

We are NOT going away, we are not backing down. There is no hiding place.

We will fight you in parliament, on the streets and in the courts!

ENDS

p.s send messages of support to Mentalhealthresistance@lists.aktivix.org or mail@dpac.uk.net

1.https://atosvictimsgroup.co.uk/2012/07/26/judicial-review-of-work-capability-assessment-granted/
2. mentalhealthresistance.org
3. https://www.justice.gov.uk/courts/rcj-rolls-building/administrative-court
4. https://www.disabilitywales.org/1168/3817
5. https://johnnyvoid.wordpress.com/2012/05/23/gps-vote-to-end-the-atos-farce/
6. https://blogs.mirror.co.uk/investigations/2012/04/32-die-a-week-after-failing-in.html
7. https://www.citizensadvice.org.uk/press_20120817

THE MENTAL HEALTH RESISTANCE NETWORK WILL BE HOLDING A VIGIL OUTSIDE THE ROYAL COURTS OF JUSTICE ON FRIDAY 29 JUNE

Action, All Posts, Welfare reforms 8 Responses »

Jun 252012

On Friday 29 June there will be a hearing in the Royal Courts of Justice in the Strand, London, where a judge will decide whether to grant permission for a judicial review of the Work Capability Assessment (WCA) as it affects people with mental health problems. The WCA is being used to harass and remove benefits from people in mental distress, leading many to contemplate suicide: some, we believe, have already taken their own lives.

The MHRN is supporting the application for judicial review and is organising a vigil outside the court on the day. The vigil will be peaceful and will serve to show our solidarity with all people living with mental health difficulties who are in the firing line of Tory brutality.

We won’t know until the day before what time the case will be heard so we are asking people to arrive outside the courts at 11.00am on the 29th. Bring banners if you wish, but the vigil will be conducted in a spirit of respect for the court.

Please spread word of the vigil as widely as possible.

MHRN Vigil

Date: 29 June

Time: 11.00am

Venue: Royal Courts of Justice, Strand, London