UNCRPD Archives

UN Committee slams government failure to address disability rights violations

UNCRPD, Universal Credit, WCA, welfare cuts, Welfare reforms No Responses »

Apr 252024

FOR IMMEDIATE RELEASE: 25 April 2024

UK Deaf and Disabled People’s Organisations’ Coalition

UN Committee slams government failure to address disability rights violations

A report published yesterday by the United Nations Committee on the Rights of Disabled People concludes that the UK Government has made “no significant progress” in addressing the grave and systematic violations of Deaf and Disabled people’s rights that it highlighted more than seven years ago.

Instead, the report notes areas of further regression and numerous issues of “deep concern”.

The report states that:

“The Committee finds that the State party has failed to take all appropriate measures to address grave and systematic violations of the human rights of persons with disabilities and has failed to eliminate the root causes of inequality and discrimination.”

The report is the outcome of a follow up to the Committee’s unprecedented special inquiry which in 2016 found evidence of grave and systematic violations of Deaf and Disabled People’s rights due to welfare reform and austerity measures.

The inquiry focused on three specific areas: equal chances to live and participate in the community; right to good work; and, adequate social protections and standard of living.

On publication of the 2016 report the then government dismissed its findings.

Andy Greene from the National Steering Group of Disabled People Against Cuts (DPAC), who triggered the special inquiry said:

“The process of evidence gathering, taking witness testimony and objective scrutiny of policy and its impact, is one that’s very difficult to ridicule or dismiss. The facts speak for themselves. As such, the inquiry vindicates the experiences of Deaf and Disabled people whose voices are too often ignored.”

John Kelly, musician and campaigner who also sits on the DPAC National Steering Group said the report is:

“…damning on the lack of this government listening to our real lived experiences as Disabled people and doing anything to support what we really need which is to live and contribute in our community as equal citizens along with our peers.”

Deaf and Disabled People’s Organisations (DDPOs) across the UK, who took part in reporting to the Committee, along with DPAC, through the UK DDPO Coalition, have welcomed the report.

Svetlana Kotova, Director of Campaigns and Justice, Inclusion London, said:

“This report is a damning verdict on the government’s track record in upholding our human rights…

“It is shocking that our country that positions itself as a world leader is yet again found to breach our rights on a systematic level.

“It is also shocking that the government has failed to listen to the UN in the past and has actively dismissed the previous recommendations….

“Inclusion London welcomes the report and urge the government and the opposition to take it seriously and develop policies on welfare reform, employment and independent living that comply with the UK’s obligations under the UNCRDP.

“The report shows that the current system is not fit for purpose and the government cannot carry on punishing Disabled people.”

Dermot Devlin, spokesperson for DPAC Northern Ireland said:

“ DPAC NI thank the UN Committee for their work and due diligence on our behalf and call on the Westminster Government to properly implement the recommendations of the 2016 inquiry and the current report.

“The absence of Government in Northern Ireland has failed Disabled people here. With the Executive now restored, bringing forward a Disability Strategy that addresses the Committee’s recommendations must be an absolute priority.”

The report documents how the UK government requested postponement of the session at which they were due to give evidence to the Committee in August.

Their request for postponement was just six days before the deadline for written evidence submissions to the inquiry was due and after many cash-strapped DDPOs had already booked their flights and accommodation to attend and give evidence.

The result was that the Committee, which is made up of Deaf ad Disabled members from around the world, had to split the oral evidence section of the inquiry into two separate sessions.

Rhian Davies, CEO for Disability Wales, said:

“The UK Government’s approach to this review has been utterly disrespectful and matches the contempt shown to Disabled people for over a decade. We deserve better and we demand better.”

Ellen Clifford, UK Coalition Co-ordinator, said;

“The government’s attitude towards the UN special inquiry is evidence that their treatment of Deaf and Disabled people is wilful and calculated. This is reflected in the damning findings of the report.

“The limitations of the inquiry process are that there are just too many deliberate rights violations to include in one report.

“However, the report validates the experiences of Deaf and Disabled people across the UK and is a much-needed counter to government rhetoric claiming they are “protecting the most vulnerable” when they are doing the exact opposite.”

The report highlights numerous areas of government policy that are not only failing Deaf and Disabled people, but that are causing serious rights violations.

Among the many areas where the Committee is “deeply concerned” are: the social care recruitment crisis follow EU withdrawal; the inadequacies of social care support provision to cover anything more than “bare subsistence”; incarceration of Disabled people “in secure psychiatric facilities due to a lack of community-based support”; “disabled people who are housebound due to inadequate support to access the community”; “abuse, mistreatment and the increasing use of restraints, restrictive practices and… unexpected deaths in the mental health care system”.

Dorothy Gould, founder of Liberation, a grass-roots organisation led by people with personal experience of mental distress/trauma, said:

“…it is an utter disgrace that many of us are forced into institutions, continue to be locked up against our will in places such as psychiatric hospitals and continue to be forcibly treated and abused, in complete breach of human rights which other citizens hold.”

The Committee’s recognition of the increasing barriers to employment have been welcomed by Deaf and Disabled trade unionists.

Natalie Amber, Co-chair, Deaf and Disabled Members Committee, Equity Trade Union, said:

“Ill-thought through cuts, particularly as a result of welfare reform, are making it impossible to work in the creative industries unless you have independent wealth. This is directly and negatively impacting who we see on our stages and screens.”

The report acknowledges the devastating impact of previous welfare “reform” measures.

The report states that:

“The Committee is appalled by reports of “benefit deaths” referring to fatalities among disabled people in the State party, subsequent to their engagement with the process for determining eligibility for benefits…

“Testimonies have also been received regarding the minimal, unsuitable, and/or abusive responses to individuals’ mental health emergencies that are frequently precipitated by the benefits assessment procedure.”

It recommends that the UK government:

“Take comprehensive measures to ensure that persons with disabilities are adequately supported through social security payments, benefits and allowances,… ascertain the additional costs of living with disabilities and adjusting benefit amounts accordingly to reflect these costs;”

Alison Turner, daughter-in-law of Errol Graham, who starved to death after his benefits were stopped, said:

“I am pleased that the report highlighted the need for proper review and monitoring of the deaths of benefit claimants… It shows that this government has learned nothing and cares not for its direct actions to cause harm.”

The report comes less than a week after the Prime Minister announced a new round of cuts to disability social security payments and amidst political and media rhetoric that directly contravenes the 2016 findings and recommendations by demonising disabled benefit claimants.

The report states that:

“There is a pervasive framework and rhetoric that devalues disabled people and undermines their human dignity. Reforms within social welfare benefits are premised on a notion that disabled people are undeserving and wilfully avoiding employment (“skiving off”) and defrauding the system. This has resulted in hate speech and hostility towards disabled people.”

Kamran Mallick, CEO of Disability Rights UK, said:

“Under this Government, the UK has lost its status as a nation that leads in disability rights to one that is actively attacking Disabled people.

“In just the last week we have seen an onslaught of new policy proposals and legislation which will not only harm us but also lead to avoidable deaths…

“At a time when we’re all struggling to make ends meet and cannot access the healthcare and support that we need, the Government are scapegoating Disabled people for a failing economy.

“We are not at fault for simply existing. The Government are at fault for their complete disregard for international treaties and contempt for Disabled people’s rights.”

John McArdle, spokesperson for the Black Triangle campaign in Scotland, said:

“To proceed with the plans announced by Conservative Prine Minister Sunak last Friday will definitely lead to a surge in deaths by suicide and other avoidable harm which falls short of death but is nonetheless catastrophic.

“The U.K. has abrogated the Convention on the Rights of Disabled People by its treatment of Deaf and Disabled people in the UK.”

Disabled President of the National union of Journalists (NUJ), Natasha Hirst, made a call to all journalists to reflect the evidence as reflected in the report rather than unquestioningly repeating inaccurate and harmful government rhetoric:

“There has never been a more important time for journalists and the wider media industry to tackle harmful negative rhetoric against disabled people.

“I call on journalists to take time to understand the concerns raised by the UN Committee and scrutinise why the Government is so keen to dismiss their failure to uphold disabled people’s human rights.

“Deaf and Disabled People’s Organisations have thoroughly evidenced the harm caused by policy changes and cuts to services and yet the UK Government is intent on pushing this even further.

“Disabled people’s voices need to be heard and not drowned out and demonised by people who have never experienced the sharp end of the social security system.

“As journalists, we should report ethically to hold power to account, and not be complicit in the scapegoating of disabled people.”

ENDS

For more information including speaking to people personally affected by issues covered in the report or to be put in touch with ‘;#anyone quoted above, contact:

Ellen Clifford, UK Coalition – 07505144371

Rensa Gaunt, Inclusion London – 07561 064227 `

Bethany Bale, Disability Rights UK – Bethany.bale@disabilityrightsuk.org

For Northern Ireland enquiries contact: Dermot Devlin – 07899 962209

For Scotland enquiries contact John McArdle – 07379 612778

For Wales enquiries contact: Megan Thomas – 07990 425823

Notes for Editors

The special inquiry was triggered under Article 6 of the Optional Protocol of the Convention on the Rights of Disabled People (CRDP). This was the first time an investigation into allegations of “grave and systematic violations” of CRDP rights had even taken place. Since then, following the precedent set by UK DDPOs, inquiries have taken place into allegations of breaches by Hungary and the EU and by the Spanish State.

The three articles of the CRDP which the special inquiry focused on are articles 19, 27 and 28.

The UK DDPO CRPD Monitoring Coalition co-ordinates written and oral evidence from UK DDPOs for examinations and inquiries by the UN Committee on the Rights of Disabled People.

The UK DDPO written submission to the inquiry can be found here: https://www.inclusionlondon.org.uk/wp-content/uploads/2023/08/UK-DDPO-CRDP-Special-Inquiry-Shadow-Report-final.docx

The deadline for written submissions to the inquiry was midnight on 1 August 2023. The report states that the UK government asked for postponement on 26 July 2023.

The special inquiry oral evidence session in August which heard from UK DDPOs as well as representatives from the equality and human rights commissions of the four nations can be seen here: https://webtv.un.org/en/asset/k1o/k1o8b7239p

The UK government’s evidence to the Committee can be seen here: https://webtv.un.org/en/asset/k1s/k1svtljvtr

Media reporting linked to the government’s welfare reforms plans has been found to be inaccurate and to incite hostility against disabled benefit claimants. For example: the Information Commissioners Office (ICO) ruled that it has upheld a complaint against the Department for Work and Pensions (DWP) in relation to media reports that appeared to be aimed at ‘stirring up hostility’ towards disabled people claiming benefit; the Independent Press Standards Organisation (IPSO) recently upheld complaints against The Telegraph for inaccurate and misleading articles about disability benefit entitlements that gave a false impression about eligibility and the generosity of the social security system.

For full quotes from all DDPO and trade union representatives received please see: https://docs.google.com/document/d/1-XkQNo2tXgRTQGARgtcpmF7m0qkDXJx5iuaEbstVdlo/edit?usp=sharing

UK Under the United Nations Spotlight – webinar 18 July

UNCRPD No Responses »

Jun 302023

Tuesday 18 July 2023

7 – 8pm

Online:

https://us02web.zoom.us/j/81570206769?pwd=RXNuUVd4YlJ0My9BTzczRHNvNkxEZz09

Meeting ID: 815 7020 6769
Passcode: 910122

This webinar organised by DPAC and other Deaf and Disabled People’s Organisations (DDPOs) will provide an update on activities that are happening to monitor Deaf and Disabled people’s rights in the UK under the United Nations Convention on the Rights of Disabled People.

We will give feedback from the big consultation that our organisations carried out in 2021—22 into how far the major issues facing Deaf and Disabled people in the UK had changed since the last examination by the Disability Committee in 2017.

We will also provide information about the reporting that we are undertaking this Summer as the Disability Committee prepares for a special one day examination of the UK. This examination will focus specifically on the government’s progress implementing the recommendations from the Committee’s 2016 investigation which found evidence of grave and systematic violations of Deaf and Disabled people’s rights due to welfare reform and austerity measures.

Speakers: Linda Burnip (Disabled People Against Cuts), Ellen Clifford (UK DDPO CRDP Monitoring Coalition/Disabled People Against the Cuts)

Disabled activists in Hungary need YOUR solidarity

News No Responses »

Aug 272020

On 25 August Disabled People Against Cuts co-hosted a webinar with our international allies the European Network for Independent Living (ENIL) on the subject of special investigations under the United Nations Convention on the Rights of Disabled People (UNCRPD).

The UK government was the first to be investigated under special powers of the UN Disability Committee when DPAC triggered an inquiry which took place in 2015. Now campaigners in Hungary have followed our example and in April 2020, the UN Disability Committee published a report that finds the Hungarian government is also guilty of rights violations through investment in new institutions for the warehousing of disabled people.

Like the UK government, the Hungarian government has ignored the findings.

We are asking as many of you as possible to use the below template letter to contact the Hungarian government and also the European Union at the email addresses below to let them know the international community is aware of what is happening and to urge them to implement the disability committee’s recommendations.

It is EU money that is being used to build these new institutions. The EU has said that once the institutions are built they can be inspected to check what conditions are like within them. According to the UNCRPD ALL states that are signed up to the Convention should be implementing a policy of de-institutionalisation. Use of EU funds for building more, new institutions goes directly against this. As such we think the EU should withold funding so long as the Hungarian government intend to spend it for this purpose.

Appeals should be addressed to:

Mr. Attila Fülöp

State Secretary for Social Affairs

President of the National Disability Council

E-mail: attila.fulop@emmi.gov.hu

Ms. Ursula Von der Leyen

President of the European Commission

E-mail: ec-president-vdl@ec.europa.eu

Ms. Helena Dalli

Commissioner for Equality

E-mail: cab-dalli-contact@ec.europa.eu

Subject:

Take urgent action to address grave and systematic violations of the rights of persons with disabilities in Hungary

Text of the e-mail:

Dear Mr. Fülöp,

Dear President Von der Leyen,

Dear Commissioner Dalli,

In April 2020, the United Nations Committee on the Rights of Persons with Disabilities published a report (CRPD/C/HUN/IR/1) that found Hungary responsible for “grave and systematic violations” of disabled people’s rights. As a disabled person/representative of [name of organisation]/concerned individual, from [name of country], I am writing to ask you to carefully consider the Committee’s recommendations and ensure they are implemented as a matter of priority.

I am particularly concerned about the following findings, in relation to the right to live independently and being included in the community (Article 19 of the UN Convention on the Rights of Persons with Disabilities):

The fact that there is no legal recognition of the right to live independently and be included in the community and that almost a hundred thousand children, adults and older people live in institutions, out of which disabled people are the second largest group.
The fact that 55,056 people are under guardianship, and that out of this number, 30,735 individuals have had their legal capacity fully restricted. This means, among other, that they cannot choose where and with whom to live, and are often forced to live in institutions.
The fact that disabled people are being moved from large- to small-scale institutions, and that the newly built facilities (also called “supported housing” or “group homes”) perpetuate the segregation and social exclusion of disabled people.
The fact that European Union’s Structural and Investment Funds are still being used to build, renovate and expand large and small institutions, rather than supporting genuine community-based services.
The fact that there is a severe lack of community-based services that support disabled people’s right to independent living, allowing them choice and control over how they live their lives.
The fact that personal assistance, as a key tool for independent living, is not sufficiently developed and is available only to a limited number of disabled people.
The fact that hundreds of children with disabilities are institutionalised, alongside adults, and are overrepresented in segregated education.

It is for these, and many other reasons, that the Committee found Hungary responsible for “grave and systematic” violations of the rights guaranteed by the UN CRPD and set out a series of recommendations.

Among other recommendations, Hungary must ensure that the right to independent living becomes “an individual and directly enforceable right”. To this end, it must “develop a system of support for living independently that includes a range of individualised support and personal assistance for persons with disabilities in the community, outside institutions”. Both Hungary and the European Commission must “reorient the investment of public funds”, including EU funds, from institutions to support in the community, and Hungary must abolish the current practice of moving people from large-scale into small-scale institutions (supported housing) “by removing all elements of institutionalisation”.

I am deeply concerned that Hungary, as a member of the European Union, is responsible for such serious human rights abuses against disabled people. It is equally distressing that funds provided by the European Union were used to fund some of these abuses. I therefore ask you to carefully consider the recommendations made in the UN report and put together a plan of action on how to implement these as a matter of priority, in close consultation with organisations of persons with disabilities.

Thank you for your consideration.

Yours sincerely,

Can inquiries under the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities improve States’ accountability and facilitate access to Independent Living?

News No Responses »

Aug 182020

International webinar, organised by Disabled People Against Cuts (DPAC) and the European Network on Independent Living (ENIL)

25th August 2020, 15:00 – 17:00 CEST (14:00 – 16:00 GMT)

with English captioning and International Sign

Moderated by Mandy Colleran, DPAC and Jamie Bolling, ENIL

Watch and comment online:

Twitter: @dis_ppl_protest FB: https://www.facebook.com/disabledpeopleagainstcuts/videos/ Youtube: https://www.youtube.com/c/DisabledpeopleagainstCutsDPAC/videos

In 2013, Disabled People Against the Cuts (DPAC) triggered a UN inquiry into the United Kingdom under Article 6 of the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities (CRPD). The inquiry, carried out by the Committee on the Rights of Persons with Disabilities, focused on the implementation of Article 19 (living independently and being included in the community), Article 27 (work and employment) and Article 28 (adequate standard of living). The report, published in 2017, found that the UK government was guilty of “grave or systematic violations of the rights of persons with disabilities”.

In Hungary, the request to launch an inquiry was submitted in 2017 by the Validity Foundation, and joined in 2018 by the European Network on Independent Living – ENIL and the Hungarian Civil Liberties Union – TASZ. The inquiry focused on the implementation of Article 12 (equal recognition before the law) and Article 19. The report, published earlier this year, also found evidence of “grave or systematic” violations of these articles. The report also looked into the role of the European Union in committing these violations, through funding the building of new institutions in the country.

The aim of the webinar is to discuss how both reports – on the UK and Hungary – can be used to challenge violations of disabled people’s rights and get Governments to uphold the rights sets out in the CRPD, with a focus on Article 19. Activists and allies from the UK will share how they’ve used the results of the 2017 inquiry to promote CRPD implementation in their country, while those from Hungary will speak about the reactions to the 2020 report and their plans for follow-up. Staff of the CRPD Committee Secretariat will explain how inquiries under the Optional Protocol are carried out and how the Committee monitors their implementation.

Speakers: Jamie Bolling (ENIL), Ellen Clifford (DPAC), Heather Fisken, (Inclusion Scotland), Rhain Davies (Disability Wales), Melinda Farago and Gabor Petri (MEOSZ), Ágota Vida (People First Association), Péter Stánicz (Office of the Commissioner for Fundamental Rights), Catherinne Pedreros, Jorge Araya and Harumi Fuentes (Secretariat of the Committee on the Rights of Persons with Disabilities at UN OHCHR)

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

Independent Living and the Cumulative Impact of Cuts: from the streets to the Commons

Action, All Posts, Events, ILF, Independent Living, Independent Living Fund ILF, legal challenges, Reclaiming our Futures, Social Model, Speeches, welfare cuts 5 Responses »

Nov 282013

It’s been a busy few days for DPAC gathering evidence on the cumulative impact of cuts on disabled people, and on the crisis in independent living. On the 25^th we heard moving and powerful testimonies of how the Government are ruining lives through their austerity regime. Disabled people are faced with a range of cuts and so called ‘reforms’ which are contravening our basic human rights. We are faced with stark choices between eating or heating while having our dignity stripped by a range of psychological attacks at the same time as having support removed.

Testimonies will be sent to the UN rapporteur on disability-thanks to everybody who came to London to tell their stories and to those that submitted their experiences through email. This event was originally arranged by Just Fair, however due to the rapporteur being unable to come to the UK due to illness DPAC and Inclusion London stepped in to run this at the last minute, so we could get these important stories out to the UN.

On the 26^th the morning saw a hugely successful protest on fuel poverty organised by DPAC, Fuel Poverty Action, the Greater London Pensioners and UKUncut: ‘Bring down the Big Six – Fuel Poverty Kills!’ against the increase in fuel poverty deaths and increasing profits and prices of the big 6. Supporting groups included No Dash for Gas, Campaign Against Climate Change, Climate Revolution, Young Friends of the Earth, Frack Off London, Power for the People, Barnet Alliance for Public Services, Lewes Against the Cuts, SOAS Energy & Climate Change Society and Southwest Against Nuclear. There were also protests in Oxford, Lewes and Bristol.

In the afternoon of the 26^th the Emergency meeting on the crisis in independent living took place at parliament hosted by DPAC and Inclusion London. An event originally planned by Just Fair to launch their report to the UN rapporteur which DPAC and Inclusion London stepped in to run with a new focus on the crisis in independent living. This was in response to the successful appeal outcome at the courts on the Independent Living Fund-and the continuing awareness of the crisis for ILF users, those trying to access local authority support and the Government’s apparent non-compliance with article 19 of the UN Convention on the Rights of Persons with Disabilities.

The afternoon launched DPAC’s report on the crisis in independent living and cumulative impacts of the cuts, one of many that DPAC is working on, as well as the film by Mary Laver an ILF user. The afternoon was complimented by speeches from John Evans and reflection on the past battles for independent living. We heard from the brilliant Louise Whitfield (one of the solicitors in the ILF case) and were treated to an excellent DPAC theatre performance which brought to life the reality of impacts on disabled people and the different barriers we face.

Despite extremely short notice the event was well attended by MPs and those from the Lords. Kate Green , Hywell Williams, Katy Clarke, Anne Begg, John McDonnell, Jim Shannon, Andy Slaughter, Baroness Campbell, Baroness Wilkins and a host of others including Mary Laver’s MP. Apologies were sent from Anne McGuire, Caroline Lucas, Lucy Powell, Jeremy Corbyn and Theresa Pierce

Mike Penning ‘our’ new minister for disability was invited but did not respond or send apologies!

Many thanks to all that attended, supported and worked so hard towards the afternoon-especially the many DPAC members and supporters that wrote to their MPs and publicised this. Some may ask why English national formal disability organisations with much more money and resources than us aren’t putting their energies into these types of activities all the time- we don’t have any answers or understanding on that.

We will have a more detailed report on the Emergency meeting on the Crisis in Independent Living event in Parliament with film and photos soon

Download DPAC report Crisis in Disabled People’s Independent Living

See Mary Laver’s film on ILF View the movie

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/

Angela 28 Says: If they take away my Support it’ll be the End of my Life!

Action, All Posts, Disability Rights, ILF, Independent Living, Independent Living Fund ILF, media, News, Resources, Social Model, Welfare reforms 3 Responses »

Jun 032013

As more and more people are finding that they go from hours to minutes of support from their local authorities, as ILF users are threatened with being passed into a local authority system that cannot serve the aims of independent living, and as independent living is becoming more of a mirage every day, despite article 19 of the UN Convention on the Rights of Disabled Persons (UNCRPD) – we look at Angela’s story. Angela contacted DPAC several months ago when it was clear that her local authority were carrying out practices that appeared to be against protocol -legal representation was found. However, this could not stop the real threats to the reduction of Angela’s support or to her right to independent living:

Angela’s Story
I’m 28 years old – but if they take away my social care it’ll be the end of my life.

I’m disabled but I want to enjoy life the way any other young woman can. I have two volunteer jobs.

Now they’re threatening to take this support away – leaving me isolated at home, forcing me to go to bed at 9.30 every night, not even able to go to the toilet.

I did a degree in psychology and criminal behaviour. It was interesting but nothing like CSI! During one of the seminars, I met a representative from Headway, the spinal brain injury charity and I’ve been volunteering there for the last two and a half years. I won Luton’s Volunteer of the Year Award last year.

I’m constantly looking for paid work. I don’t sit around watching TV, I never have, I don’t believe in that. I would love to get a paid job. I have tried. I’ve been for interviews for customer services and as a support worker. Even though we are supposed to have equal opportunities, people still look at my wheelchair.

I was hit by a car when I was two. I have a spinal brain injury which has affected my left side. I can’t walk because I have no balance, so I use an electric chair.

When I turned 18, Social Services helped me find a place to live and be independent. Social care gave me total freedom to get up, go to bed, go to the toilet and settle into my new home and life. With decent social care I’ve been able to do whatever I want. I can go out and enjoy life the way any other young woman can. I have two volunteer jobs, and I can go shopping and see my friends.

Suddenly, out of the blue recently they’ve tried to cut my care from 20 hours a day down to three. I was shocked, upset and angry. I tried to negotiate with the woman at the Council and was told “life’s not perfect for anyone”. I don’t expect it to be perfect – I want to have a life like any young woman.

I’d have no freedom. I’d have to be in bed at 9.30pm and get up at 7.30am, with no way to go to the toilet in the night either. My carer wouldn’t have time to cook me fresh food (microwaved horsemeat lasagne here I come!).

Imagine living this life for the next 50 years. If I was stuck with that forever, I would give up and lose my passion for living. I would find a way to end my life.

What I’m asking for isn’t unreasonable. I just want flexibility and freedom and a little support. I’m not asking for the world. But I do want dignity and I do want freedom. If I wasn’t in this wheelchair I would have those things, so why shouldn’t I.

What’s worse is it isn’t just me. It isn’t just about reducing how much support people get. They’re taking away all support for some disabled people. Every disabled person who needs support should get it – this is about the basic dignity and freedom to live our lives.

The government has what they call a spending review coming up – it’s when George Osborne decides: How will he spend our money? What do we care about as a country?

Will you sign the petition I’ve started and send George Osborne a message loud and clear that we want adequate support for disabled people to live independently? They spent more than a billion pounds just on the Olympics village where the athletes stayed last year, surely they can put at least that much into social support for us? We only have a few weeks!
Angela Murray

Petition: https://www.change.org/en-GB/petitions/george-osborne-save-social-care-let-me-and-all-disabled-people-live-with-freedom-and-dignity

Please sign the petition and write to us at mail@dpac.uk.net with your stories. We are also looking for stories from people who were stopped from applying for Independent Living Fund support in 2010 when the Coalition closed it to new applicants.

This is not just about ‘care’ it is about independent living, the right to independent living and support for all. It is about the UK breaking its own signed commitment to the UNCRPD. It is about the impact on real lives like Angela’s. It is fundamentally wrong!

DPAC is continually gathering evidence of the impacts of the cuts, their effects on independent living and quality of life for disabled people and those with long term health issues. Unlike some other organisations we are keen to bring this Government to task through every route we can, including the legal system.

Rights of disabled people may be at risk, says Human Rights Committee

Disability Rights, News, Welfare reforms 6 Responses »

Mar 012012

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

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

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

The Committee finds that:

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

It also finds that:

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

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

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

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

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

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

The members of the Committee Are:

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

Clerks to the Committee:

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

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

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

Media Inquiries: Liz Parratt: 07917 488978.