England

Disability News Service: Welsh government ignores social care funding crisis… in independent living action plan #SaveWILG

The following is an article written by John Pring on his excellent Disability News Service website. This can be accessed by clicking here. 

I have been put in a difficult position following the publication of the Welsh Government’s new framework on independent living – Action On Disability – The Right to Independent Living.

I have been extremely critical of this new legislation, but I want to make it very clear that this is a separate issue to my WILG campaign. I will be forever grateful to the Welsh Government for listening to campaigners and acting decisively. Our new First Minister and the Deputy Minister for Health and Social Services deserve particular praise for their hard work and determination to protect a vulnerable section of society.

However, I hope both Mark Drakeford and Julie Morgan can appreciate why I  have to speak out against the new framework due to the lack of consideration of social care. I am a proud member of the Labour Party and fully support the vast majority of the party’s policies, but I reserve the right to be critical of specific programmes and will campaign to improve them.

***

The Welsh government has completely ignored the social care funding crisis in a new action plan aimed at ensuring disabled people’s right to independent living.

A public consultation process with disabled people and disability organisations led to “multiple calls” for increased social care funding.

But the final version of the Labour government’s framework and action plan on the right to independent living – which includes 55 actions – says nothing about the funding crisis or the need for more spending on adult social care.

This contrasts with its 2013 framework, which it replaces and which included lengthy sections on access to social care, direct payments and personalised support.

In discussing the engagement process, which took place in 2017, with further engagement late last year on a draft version of the framework, the document says: “We heard that cuts to social care provision have led to lower allocations for Direct Payments which means disabled adults and young people are becoming increasingly isolated and impact to their well-being compromised.”

It also admits that there were “multiple calls for increased funding for health and social care” during that process.

But despite those calls, not one of the 55 actions in the plan mentions social care funding, or the need to address the cuts.

Instead, the action plan details wider measures around independent living, including: barriers to employment; recruitment of disabled apprentices; a review of funding for housing adaptations; collecting evidence on disability poverty; and improving access to health services.

It also includes a planned review of the disabled students’ allowance system; a pledge to improve understanding of the social model of disability across the Welsh government; and action on access to public transport.

There is also a pledge to introduce a scheme in Wales to provide financial support for the extra costs of disabled people seeking election to local councils, to match schemes in Scotland and England.

Nathan Lee Davies, a leading disabled campaigner who has helped secure concessions from the Welsh government on the impact of the closure of the Independent Living Fund (ILF), said the omission was “bemusing” and appeared to be a “major step backwards”.

A spokesperson for the Welsh government refused to comment on the failure to mention cuts to social care funding in the action plan.

But Jane Hutt, the Welsh government’s deputy minister and chief whip, who has responsibility for equality issues, said in announcing the new framework that “supporting people to live their lives in the way they choose is the right thing to do”.

She said the framework sets out how the government was fulfilling its obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

But the failure of the action plan to suggest any measures to address the funding crisis and cuts to support suggests the Welsh government could be in breach of the convention’s article 19.

Article 19 says that governments signed up to the convention should take “effective and appropriate measures” to enable disabled people to live in the community with “full inclusion and participation”.

Despite this omission, the framework pledges to “work for continuous improvement in how Wales fulfils its obligations with regard to [UNCRPD] and the Rights of the Child”.

There is also no mention in the document of ILF, and the Welsh government’s decision to close its interim Welsh Independent Living Grant (WILG) scheme, which it had been running as a stopgap with UK government transition funding since ILF closed in June 2015.

WILG closed on 31 March 2018, when the £27 million a year funding provided by the UK government to maintain support to former ILF recipients transferred to local authorities in Wales.

Because of the WILG closure, Welsh local authorities are now solely responsible for meeting the support needs of all former ILF-recipients.

More than 1,200 former ILF recipients will now have their needs met through council funding, while 50 of them have requested an independent assessment of their new support package, a process being funded by the Welsh government following a campaign led by Davies over concerns about post-WILG support.

A Welsh government spokesperson said: “The Welsh Independent Living Grant was introduced as an interim measure to support people who received payments from the UK government’s Independent Living Fund which closed in 2015.

“Our new framework focuses on the future of independent living in Wales, and what Welsh government can do to support disabled people going forward.”

Davies said: “On the face of it the new framework that has been introduced by the Welsh government, following a lengthy consultation process, is as bemusing as it was when [the draft version] was originally launched last year.

“It seems as if I wasted my breath at two consultation days as many of the failings of the framework that I highlighted have failed to be addressed in a [document] that does not seem to address the needs of disabled people with high support needs.

“Social care does not seem to be addressed at all. This is an absolutely bizarre situation when discussing a framework supposedly designed to promote independent living for disabled people.

“Not one of the 55 actions in the action plan mentioned social care funding, which is extremely worrying.”

He added: “After achieving success with the #SaveWILG Campaign – where former ILF recipients have been offered the opportunity of an independent assessment if they disagreed with the decision of the local authority, all funded by the Welsh government – it was hoped that this would signal a change in attitude going forward.

“The dynamic brand of 21st century socialism introduced by first minister Mark Drakeford has delivered positive change that deserves to be recognised.”

But he said the new framework and action plan “seems like a major step backwards”.

He added: “It just seems that the socialist values that the Welsh government demonstrated with their reaction to the WILG campaign have not been utilised in the new framework.

“It does not sit well with me to criticise this new [document], but the fact that it seems to blatantly flaunt the UNCRPD article 19 is a major cause for concern.

“It would be very easy for me to ignore this as WILG recipients have now been protected, but as a disabled activist I remain vigilant to the needs of my disabled brothers and sisters across Wales.

“All disabled people with high support needs should be able to access adequate social care and I will not rest until justice prevails for those in need.”

Rhian Davies, chief executive of Disability Wales (DW), who led the national steering group on the framework, welcomed its publication, particularly “the renewed commitment to implementation of the [UNCRPD] and consideration of options to incorporate this and other UN treaties in Welsh law together with a stronger focus on the social model of disability and proposals to tackle the disability employment gap and support disabled people to take up positions in public life.”

But she added: “Some aspects of the action plan are stronger and more developed than others, often in those areas where disabled people have been closely involved in informing and influencing policy.

“With regard to social care, there appear to be relatively few initiatives cited in the action plan compared with other policy areas.

“Key issues raised during the consultation are omitted, including low take-up of direct payments, provision of advocacy services, WILG developments and the impact of austerity on social care as a whole.

“We understand that the action plan is a work in progress so DW will continue to press for these issues to be addressed, including through Welsh government’s Disability Equality Forum which plays a vital role in monitoring implementation of the framework.”

Disability News Service: Failure to extend ILF transition funding would be ‘another nail in coffin’ #SaveWILG

Following the positive news from the Welsh Government in providing an independent reassessment for WILG recipients should they be unhappy with the reassessment from local authorities, comes more uncertainty.

I had been looking forward to spending the rest of my life without having to worry about the ability to live my life independently. However, the following article by John Pring of Disability News Service, underlines the uncertainty that disabled people with high support needs face, due to fears that the buffoons in Westminster will fail to provide the vital grant that former ILF recipients need. 

I would like to ask those who have worked hard to protect recipients of the Welsh Independent Living Grant, if we will still be protected if the grant from Westminster fails to be continued?

Just when I thought I could relax…

***

The government has failed to ease fears that it plans to scrap a vital grant that has been supporting former users of the Independent Living Fund (ILF) for more than three years.

The four-year Former ILF Recipient Grant was agreed in February 2016, with the government agreeing to provide £675 million over four years to local authorities in England.

The announcement of the grant was a significant victory for disabled activists, whose direct action protests had ensured that the plight of former ILF recipients remained a high-profile issue after the fund’s closure on 30 June 2015.

The recipient grant was not ring-fenced, so councils were not forced to spend it supporting former ILF-users, but it has allowed thousands of disabled people with high support needs to continue to live independently since ILF’s closure.

But disabled activists have now pointed out that the four years of funding is due to end next April, and there has been no mention by ministers of any extension to the grant.

And when Disability News Service contacted the Ministry of Housing, Communities and Local Government this week, it refused to say if an extension of the funding was being considered.

Instead, a spokesperson said: “The upcoming [cross-government] spending review will be our opportunity to look at funding for local authorities in the round and work is well underway to secure the resources and flexibilities councils need to deliver services for communities across the country.”

John Kelly, a former ILF-recipient and prominent campaigner, who lives in south-west London, said that any decision to end the grant would be “another nail in the coffin”.

He said: “I don’t want to be alarmist, but things are so awful at the moment that we could be saying goodbye to our rights to independent living, where the limited options on offer could be going back to living in care homes.

“Our predictions when ILF closed have all come true. We said it would be a postcode lottery. It is.

“We predicted the closure would be a drip, drip erosion of our ability and rights to an independent full life.

“We said that people’s packages may be cut. Some disabled people’s packages have been cut.

“We said local authorities wouldn’t be able to cope with applying the principles of independent living to our lives, because all they would be worried about was very basic care needs, because their budgets have been cut. That’s happening.

“We’re in a crisis. That’s not our words, that’s the directors of social services saying it.

“We knew local authorities wouldn’t be able to cope with the freedoms that ILF did give. Those freedoms are being threatened more and more.

“And we knew that ILF was working and those freedoms should have been given to more disabled people, not less.”

He added: “In the spending review, they must ensure that that money continues, but critically our rights to independent living must also be reconsidered, protected and actually furthered.

“My life is more than a one-hour call to make sure I am fed and watered.”

Ellen Clifford, a member of the national steering group of Disabled People Against Cuts, said the government had been “shamed” into providing the transition grant through the efforts of disabled activists.

One example was DPAC launching a direct action protest in the lobby of the House of Commons, days before ILF was due to close, with activists nearly succeeding in breaking into the main Commons chamber during prime minister’s questions.

But she said the transition funding provided by the government, including the four-year extension agreed in 2016, was never ring-fenced.

Clifford said: “Even before the ILF closed some local authorities started making dramatic cuts.

“It has been a complete postcode lottery from area to area.

“If the grant is ending, it will be a terrible blow to former ILF recipients whose local authorities have been protecting their support packages.

“We would be likely to see an even greater level of re-institutionalisation, neglect, denial of opportunity and dehumanisation of people with high support needs living in the community and a greater pressure to go into segregated institutions against their wishes.”

She called on disabled people and allies to support the Reclaiming Our Futures Alliance’s Independent Living for the Future campaign, which calls for a new national independent living service that would eliminate the postcode lottery in support, and finally make the right to independent living a reality.

ILF was originally funded by the Department for Work and Pensions, and when it closed on 30 June 2015 it was helping nearly 17,000 disabled people with the highest support needs to live independently.

But ministers decided it should be scrapped, promising instead that nine months’ worth of non-ring-fenced funding would be transferred to councils in England and to devolved governments in Wales and Scotland, to cover the period until April 2016.

It then agreed to extend that funding to English councils for another four years.

There were separate arrangements in Scotland and Wales.

Scotland set up its own Scottish Independent Living Fund on 1 July 2015, after the closure of the UK-wide ILF.

In Wales, a temporary replacement for ILF, the Welsh Independent Living Grant (WILG) scheme, ran from July 2015 but was due to close this spring and be replaced by a system of council-funded support.

But the closure was paused, after campaigning by disabled activists and allies, to allow all WILG recipients to request an independent reassessment of their new council support packages, with the Welsh government promising to fund the reassessments and any extra support they might need as a result.

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A National Independent Living Support Service #Right2IL

The following article was taken from the Disabled People Against Cuts (DPAC) website and can be read in full by clicking here. 

The Reclaiming Our Futures Alliance, a network of  disabled people and our organisations in England, is asking for support for a bold new vision for independent living* for the future. (* The phrase ‘independent living’ is not about disabled people doing things on our own, it means having choice and control over our own lives, being included in the community and having the same chances to take part as other people.)

The social care and mental health systems are currently in crisis and as a result disabled people’s rights to an adequate standard of living, to dignity and inclusion and to equal participation in society are being taken backwards.

In its present state, the system is not fit to respond to current needs, let alone predicted greater needs in the future. Disabled people’s experiences of support are subject to a post code lottery and differ considerably depending upon impairment.

Disabled people and our organisations are calling for a better system guaranteeing consistent levels of adequate support. This will not only benefit us and our families but will strengthen wider society, save costs in other areas and produce social and economic benefits.

Our vision of a national independent living support system is set out in the position paper “Independent Living for the Future” which you can download above or below for the easy read version.

Please sign up in support using the form at the end of this page and help us reclaim disabled people’s futures by making our vision a reality. [The form is published on the DPAC website and can be found by clicking here]

NILSS-1-218x300

Download report here: NILSS_final

Sadly, I couldn’t attend Thursday’s meeting at the Houses of Parliament, but Ellen Clifford of DPAC kindly read out the following message on my behalf:

“Good afternoon to everyone and apologies that I cannot be present today. As a disability activist who has spent the last 4 years campaigning for the protection of independent living for former ILF recipients in Wales, I feel that it is important to contribute to the meeting. I believe that it is essential that disabled people in Wales are also represented in the creation of any independent living scheme that we campaigned for.
 

The Welsh Independent Living Grant was given to former ILF recipients as a temporary measure while future arrangements were discussed. In November 2016, the Welsh Government announced they would be scrapping the grant and transferring all funds to local authorities. This could not be allowed to happen and we have campaigned tirelessly and imaginatively to push the Welsh Government into making a u-turn. Independent Social Workers and extra funds have been promised by the Welsh Government to ensure former ILF recipients can remain in their local communities.

Even though the #SaveWILG campaign has been a success in protecting the rights of former ILF recipients, the Welsh Government are not planning to extend these rights to disabled people who missed out on the ILF. Our campaign has produced a positive result for approximately 1,300 of us, but this does not mean we can forget about those who never received the Welsh Independent Living Grant. We do not believe any disabled people with high support needs should be purely at the mercy of cash strapped local authorities. 

 

The tripartite system that the ILF established – between recipient, local authority and independent social worker – should be something that we all receive. I would welcome the opportunity to be part of the ROFA campaign and share the skills and tactics that we have built up during our successful campaign. Please do keep in touch and let me know  how the people of Wales can get involved. There may be a different legal system in Wales to contend with, but I believe that any Welsh Political Party would welcome the opportunity to work with the UK Government to protect disabled people with high support needs.

Many thanks for allowing me to be part of your discussion and let us hope that this is the beginning of a new campaign that will result in justice for disabled people and their families. 

 
 Solidarity to you all. 
 
Nathan”

Closure  of the Welsh Independent Living Grant #SaveWILG

The following article was taken from the excellent blog by Luke Clements – a Professor of Law at Leeds University and a Solicitor. 

We really appreciate all the support from Luke Clements and the formidable Ann James in our bid to #SaveWILG. Let’s hope the Welsh Government actually listen to the mounting critics of their decision to close WILG.

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A case of Wales following in the footsteps of England?

While attention is focused on the countdown to leaving the European Union, one should not lose sight of the impending closure of the Welsh Independent Living Grant (WILG) which has been earmarked for the 31 March 2019.  The impact of the closure is already being felt by people who have transitioned from the WILG to Local Authority funded care and support.

A strenuous and valiant campaign to # SaveWILG has been led by Nathan Davies.

The sustained #SaveWILG campaign has gathered momentum in the final weeks before the proposed closure and has been given greater impetus by a letter from the Deputy Minister for Health and Social Services.  In this letter Julie Morgan, sets out the outcome of the Deep Dive Review that was put into place by the previous Minister to evaluate the process and outcomes of the re-assessment of WILG recipients who have been re-assessed for Local Authority Services. The letter notes that 157 disabled people (of the 1,174 people who have been re-assessed – i.e. 13%) have suffered a reduction in their care and support provision.

The Minister has since met with representatives of the #SaveWILG Campaign Group who have presented her with a dossier of evidence to reconsider her decision.

The BBC Wales Live news item https://www.bbc.co.uk/iplayer/episode/b0c0x936/bbc-wales-live-23012019(at 8 minutes 40 seconds) has highlighted the impact on disabled people who have been reassessed and the impact on carers. The long term costs of leaving disabled people with high level care needs with insufficient support was highlighted by Tanni Grey Thompson who supports the continuation of central government funding.

Nathan Davies on behalf of the #SaveWILG  has written an impassioned open  letter  to the First Minister for Wales https://nathanleedavies.wordpress.com/2019/01/28/open-letter-to-first-minister-mark-drakeford-savewilg/  in which he sets out the deep concerns of disabled people who have been moved to local authority care and support, reminding him that during the campaign for the office of First Minister, and in response to a question from the BBC he said,

“… if an independent evaluation shows the new system is not working as well as the old one then I would be prepared to reverse it because this is money intended for a very specific number of people for a very specific purpose”.

One must reluctantly come to the conclusion that the Welsh Government is following in the footsteps of England, albeit three years later.  The closure decision has given scant consideration to the evidence from England on the effect of closure on disabled people and their carers and Wales has been prepared to continue along a trajectory that risks destabilising the established care and support  of WILG recipients.  A critical analysis of the intended closure of the WILG can be found by clicking here.

The Deep Dive Review, referred to by the current Minister for Health and Social Services, was intended to be an independent audit of the process, impact and outcomes of assessing WILG recipients for transition to local authority services. Embedded in the review was the possibility of reversing the decision. If not it was merely a cosmetic exercise.

The detail of the Deep Dive Review has not been made public as yet. There is neither information as to whether local authorities provided each previous recipient of WILG with independent advocacy nor if they offered a carers assessment to relevant carers.

It is an indictment of a review which was supposed to give reassurance to disabled people about the veracity of the evaluation of the process of transition to local authority services, that disabled people were not consulted about their experience of the process  and their satisfaction with the outcomes.  Local Authorities representatives were however consulted and provided reassurance to the Minister that no major implementation issues had come to light.

The letter from the Minister to the #SaveWILG campaign notes that some of the previous recipients of WILG are no longer eligible for social care and have been moved to NHS Continuing Health Care.

Unlike in England, recipients of NHS Continuing Health Care are prevented by statute from having a Direct Payment to arrange care and support. This is a significant impediment to independent living and yet this has not been attended to in legislation (although in England this barrier has been removed).

It now rests with the Minister of Health and Social Services to reverse the decision to close the Welsh Independent Living Grant and to offer a clear view on how Wales will meet the needs of disabled people with complex needs.

The case note R (CWR) v Flintshire County Council(2018) is a salutary reminder of the experience of a disabled person in need of care and support in Wales under the Social Services and Wellbeing (Wales) Act 2014 and illustrates the understandable fears of disabled people when being assessed for care and support.

The case is also a clear reminder that it is possible to effectively challenge unfair, unlawful or irrational decisions by local authorities.

Vital Twitter Thread #SaveWILG

This morning I published a vitally important Tweet thread that I hope will capture the attention of those with the power to provide security to the 1,300 disabled people with high support needs throughout Wales who receive the Welsh Independent Living Grant.

I publish memes and photographs alongside these Tweets. If you want to follow me on Twitter and perhaps Retweet my epic thread, my handle is @nathanleedavies

I am currently extremely busy as we head into a crucial month for the #SaveWILG campaign.

The fight continues…

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The following Tweet thread is VERY IMPORTANT. I trust that ALL Assembly Members and those in the Media with the power to spread awareness of the struggles of disabled people with high support needs will READ THIS in full and take the appropriate action to help us

There can be no denying that the WILG transition process is highlighting some major problems in the social care system throughout Wales. Local authorities cannot be trusted to provide adequate support for disabled people on their own.

The evidence is overwhelming as displayed in the Freedom of Information requests gathered from all 22 LAs, first-hand stories from WILG recipients and clear evidence that the same system is failing people in England.

 The amount of support for #SaveWILG has been incredible. Jeremy Corbyn, John McDonnell, MPs, AMs and celebrities such as Ken Loach have all backed our campaign while Welsh Labour members passed a motion at conference to protect the grant.

 A similar motion was also passed by Disability Labour, our friends in Scotland and Northern Ireland also show that there is clearly another way of doing things to protect those with high support needs.

I haven’t even mentioned the UN report which found ‘grave and systematic violations of disabled ppls human rights’, saying it was a ‘human catastrophe’. This was partly based on concerns at the closure of the ILF. @WelshLabour are moving in the same direction. https://www.independent.co.uk/news/uk/politics/government-spending-cuts-human-catastrophe-un-committee-rights-persons-with-disabilities-disabled-a7911556.html …

 I am receiving emails on a daily basis from WILG recipients across Wales telling me about the difficulties they are facing with the transition process. These people are too afraid to speak out due to the fear of reprisals.

 Other recipients are also in the process of taking their LA’s to court and cannot speak out for fear of compromising their case. WILG will not or cannot raise their voice at all – for many reasons such as cognitive impairment, exhaustion or fear of further cuts to their hours.

 The absurd two-tier argument that Welsh Labour are using is absolutely ridiculous. It is to all intents and purposes an equalisation downward, however subtle and however long it takes to materialise. 

The ‘two-tier’ system is entirely the choice of WAG. Not us or recipients. Again, using this as a reason to stop providing what is needed as a basic starting point, is not a reason!!!

The effect being that money (saving) is at the root of this and the standard of life/living for recipients is not likely to be maintained in a way that allows them to have a really fulsome, fulfilled and rewarding life, rather than merely existing….

 I have spent all day writing this thread of Tweets and have sacrificed three years of my life to this campaign for common justice. I will not stop fighting for the rights of disabled people but it is a disgrace that I have to in 21st Century Wales. 

WALESPOSTCARDFRONT001

 

BBC Report: Mark Drakeford may overturn Independent Living Fund changes

The following article was published on BBC Wales News Online  and this blogger takes no credit or responsibility for anything written below.

Welsh Labour leadership candidate Mark Drakeford has told supporters he is willing to reverse changes to funding for disabled people if there is evidence they are losing out.

Councils have been put in charge of support for 1,300 former recipients of the Independent Living Fund (ILF).

But research by BBC Wales found that about 100 people had care packages cut.

Mr Drakeford blamed the UK government for breaking up “that part of the welfare state”.

The money was protected until earlier this year when the Welsh Government scrapped its Welsh Independent Living Grant (WILG), and passed the responsibility to councils.

The ILF was provided by the UK government until 2015, when it was transferred to English councils and devolved governments.

Research by the BBC Wales Live programme showed about 100 of the 600 recipients who have been reassessed have had care packages cut.

In response on Wednesday, the minister in charge, Huw Irranca-Davies, said he did not believe there would be any “losers” as a result of changes.

Mr Irranca-Davies has previously said he will not “rethink the policy in its entirety.”

But at a leadership campaign event in Blackwood on Thursday, Mr Drakeford said if an independent evaluation “shows the new system is not working as well as the old one then I would be prepared to reverse it because this is money intended for a very specific number of people for a very specific purpose”.

He blamed the UK government for “breaking up that part of the welfare state”, saying the ILF had “more or less disappeared” in England.

 

“I do understand that people who rely on the Independent Living Fund say to me when it was in a special grant we knew it was there and we had confidence that money would come to us,” Mr Drakeford said.

“The money is the same as it always was and most local authorities I believe are doing a decent job of continuing to hand the money on.

“But we are beginning to pick up information that in some places that is not happening and the money isn’t going to ILF recipients in the way that it would have been last year.”

Huw Irranca-Davies

 

Mr Irranca-Davies had agreed to the evaluation, he said, adding that it would be carried out by someone “who is nothing at all to do with local authorities or the Welsh Government”.

If evidence shows the payments work as well as before “then I think we should carry on with what we are doing now”, Mr Drakeford said.

“But if the evidence is the opposite – that the money isn’t reaching people for whom it is intended – then I think I will be prepared to look again and go back to the system that the recipients of ILF have had confidence in up until now.”

The promise drew applause from a small audience of supporters at the event in Blackwood where Mr Drakeford laid out plans to help the least well-off in society.

He said he would be prepared to set targets to reduce the number of children taken into care and promised he would appoint a cabinet minister responsible for housing.

Campaigner Nathan Lee Davies with Jeremy Corbyn

 

Welsh Labour’s Spring conference passed a motion supporting a campaign to reinstate the Welsh Independent Living Grant.

‘Save WILG’ has been run by Labour member Nathan Lee Davies and has had backing from Welsh Labour politicians and Welsh Labour Grassroots – the Welsh arm of the left-wing Momentum campaign group.

But the Welsh Government has pressed ahead with the transfer of the money and the responsibility to local authorities.

More on this story

 

Progress on Disability Rights in the United Kingdom #SaveWILG

Yesterday, I was alerted to the publication of UK Independent mechanism update report to the UN Committee on the Rights of Persons with Disabilities.

This is a very illuminating document that shows just how far behind the United Kingdom is slipping in terms of Disability Rights. The sections about Independent Living is of particular interest to me and my comrades as it is critical of the current arrangements that we are having to put up with. It provides yet more evidence of the need to save WILG as well as some worrying news that the Welsh Government are rushing through a new framework on Independent Living for disabled people that is bound to be a huge disappointment to those with high care and support needs. Welsh Labour have proved time and again that they do not want to listen to party members, unions, Labour MP’s, supporters from across the political spectrum or some of their own politicians and are determined to stop WILG.

I am doing everything I can but I am not being listened to at all.  I have been robbed of three years of my life and the effect of this campaign has taken a huge toll on my health.

I will carry on the fight until the bitter end because I believe in what I am fighting for and have no confidence in the Welsh Government – as it stands – to produce a suitable alternative.

The fight continues…

*** 

The section on Wales, reads as follows:

Wales –

The EHRC is concerned that disabled people’s right to independent living may be harmed by the Welsh Government’s decision to potentially merge the Supporting People programme with other budget lines from 2020. Concerns have been raised that disabled people’s rights have been negatively affected when equivalent funding programmes elsewhere in the UK have been lost. 

The report goes on to say the following:

Wales

The Welsh Government has prioritised social care in budget allocations to local
authorities since 2010, most recently through a local government settlement to
maintain the assumed Welsh Government share of core spending at 2017/18 levels
until 2020. The Welsh Government also provides funding that supports social care
duties through the Supporting People programme. This support helps people to live
independently in their own home. The programme has been retained for a further
two years as part of the budget for 2018/19. The programme’s future post-2019 is
unclear, with the Welsh Government potentially merging it with nine other budget
lines, with no ring fencing, causing concern for disabled people. A £60 million
integrated care fund has been introduced, which aims to support people to maintain their independence and remain in their own home. However, there has been a real terms reduction in budgets for social care services of over 12% due to increasing need.

The Welsh Government is currently reviewing its Framework for Action on
Independent Living. After a delay, it is anticipated that the new framework, provisionally entitled ‘Action on disability: The right to independent living’, will now be published in autumn 2018. The new framework will be accompanied by an action plan that will set out a range of actions aimed at tackling some of the key barriers identified by disabled people, including in transport, employment and housing, and access to buildings and public spaces.

I am looking forward to seeing what this new framework for action actually entails. I am preparing to be disappointed as  I always am with shambolic Welsh Labour.

***

The full report on the Right to Independent Living can be seen below:

2. The right to live independently in the community (article 19)

CRPD Committee concluding observations 2017, paragraph 45:

‘The Committee recommends that the State party … : recognise the right to living
independently and being included in the community as a subjective right,
recognise the enforce ability of all its elements, and adopt rights-based policies,
regulations and guidelines to ensure implementation; conduct periodic
assessments in close consultation with organisations of persons with disabilities
to address and prevent the negative effects of policy reforms through sufficiently
funded and appropriate strategies in the area of social support and living
independently; … [and] allocate sufficient resources to ensure that support
services are available, accessible, affordable, acceptable, adaptable and are
sensitive to different living conditions for all persons with disabilities in urban and
rural areas.’

Summary of progress

There has been limited progress on the UK governments’ implementation of the
CRPD Committee’s recommendations concerning disabled people’s right to live
independently in the community. Appropriate social care packages and accessible
housing are two of the cornerstones of independent living. There have been some
promising developments in Scotland and Wales in relation to certain funding streams
to support independent living. However, as set out below, there is also evidence that
social care, particularly adult social care, is at crisis point across the UK and there is
a chronic shortage of accessible homes.

Progress on disability rights in the United Kingdom 

Key concerns

UK

The right to live independently in the community is not recognised as a statutory right
in the UK and there do not appear to be any plans to change this.
The increasing demand, along with reduced funding, for social care, particularly adult
social care, may be leading to a regression in disabled people’s article 19 rights to
live independently in the community. The shortage of accessible and adaptable
homes, and long delays in making existing homes accessible, also has a detrimental
effect on the right to live independently.

England

The EHRC is concerned that, in England, the closure of the Independent Living Fund
and the devolution of this function to local authorities, without ring-fencing finance for
this purpose, has resulted in a postcode lottery for support.

Wales

The EHRC is concerned that disabled people’s right to independent living may be
harmed by the Welsh Government’s decision to potentially merge the Supporting
People programme with other budget lines from 2020.
Concerns have been raised that disabled people’s rights have been negatively
affected when equivalent funding programmes elsewhere in the UK have been lost.

Northern Ireland

The Mental Capacity Act (Northern Ireland) 2016, while enacted, continues to have
no clear time frame for its commencement.

In Northern Ireland, the Independent Living Fund is administered by the Independent
Living Fund Scotland, but restricted to existing users leading to its eventual defacto
closure, and with no clear indication of future arrangements.

Scotland

Despite positive policy intentions, significant questions remain regarding the
implementation of Self-directed Support and access to adult social care.

New evidence

Great Britain

The EHRC’s inquiry into housing for disabled people across Great Britain (GB),
published in May 2018, found that disabled people face a shortage of accessible and
adaptable homes and long delays in making existing homes accessible. Disabled
people are not getting the support they need to live independently as the provision of
advice, support and advocacy is patchy, and people report that they have nowhere
to turn when their housing is unsuitable. The EHRC’s survey of local authorities
found that just over a quarter (28%) of local authorities in GB set a percentage target
for accessible housing.

 In England, only 7% of homes offer minimal accessibility features.

 In Scotland, 55% of councils said a lack of funding for adaptations was a
challenge, and only 24% said the data they hold about disabled people’s
housing requirements were ‘good’ or ‘very good’.

 In Wales, only 5% of local authorities have a target in place for accessible
housing, and only 15% said that disabled people’s housing needs are subject
to specific discussion or scrutiny when conducting a local housing market
assessment.

Progress on disability rights in the United Kingdom

England
Spending for adult social care in England was budgeted to be 3% lower in 2017/18
than in 2009/10. As the population has grown over this period, this is equivalent to
9% lower per person, according to the Association of Directors of Adult Social
Services (ADASS). This means ‘fewer older and disabled people with more complex
care and support needs getting less long-term care’.

In March 2018, the EHRC started legal action against 13 clinical commissioning
groups because their NHS Continuing Healthcare policies restricted funding and
failed to account for individual circumstances. This may force disabled people into
residential care when their preference is to remain at home.

Research by the Care Quality Commission (CQC) found that nearly two-thirds of placements in residential-based mental health rehabilitation services are ‘out of area’, and very lengthy. This means that individuals are usually placed far away both from home and from the local support services that should care for them once they have been discharged. The CQC has also reported that some patients who are subject to the Mental Health Act (MHA) 1983 continue to experience care that does not fully protect their rights or ensure their well-being. For example, there have been no improvements in involving patients in developing their care plans, and in making sure their views are considered in care decisions.

Northern Ireland
There is an absence of information on the extent to which disabled people with
substantive needs, who are not existing Independent Living Fund users, are having their needs met through the Self-directed Support and direct payment provisions. Furthermore, direct payments do not fund many of the activities funded by the
Independent Living Fund, leading to less support and control.

Indicator 42 of the draft ‘programme for government’ considers the average life
satisfaction score of disabled people. The Department for Communities has
acknowledged that the comprehensive dis-aggregated data required to support
indicator 42 is lacking. The department has conducted a scoping study to identify
existing data, which recommended that a new Northern Ireland disability survey is
required. The department is exploring options for such a survey, but, due to the
additional resources required to conduct the survey, ministerial approval is required.
With the continued suspension of the Northern Ireland devolved government, it is
currently not possible to obtain the required approval.

Relevant steps taken by UK governments

England

Since 2015, the UK Government has allocated additional funding to local authorities
for adult social care through the adult social care precept, the Better Care Fund
and a commitment to fund an adult social care support grant. However,
stakeholders, including ADASS, conclude that even these recent increases may not
be enough to address the funding crisis in adult social care.

In March 2017, the Conservative Government announced a green paper on social
care in England, and a public consultation. The publication of the green paper, which
will focus on older people, has been delayed until the end of 2018. It is unclear whether it will address issues that are faced by working-age disabled people in
relation to social care, and whether disabled people will be explicitly consulted.

England and Wales

The independent review of the MHA 1983 published its interim report in May 2018,
providing details of the issues the review is examining.These include the rising
rates of people being detained under the act and inappropriate and/or long-term
placement of people with learning disabilities and/or autism in psychiatric hospitals
because community support services are unable to meet their needs. The EHRC
hopes that the review will make recommendations that result in fewer people facing
compulsory detention and more people living independently in places or with people
of their choosing.

Wales

The Welsh Government has prioritised social care in budget allocations to local
authorities since 2010, most recently through a local government settlement to
maintain the assumed Welsh Government share of core spending at 2017/18 levels
until 2020. The Welsh Government also provides funding that supports social care
duties through the Supporting People programme. This support helps people to live
independently in their own home. The programme has been retained for a further
two years as part of the budget for 2018/19. The programme’s future post-2019 is
unclear, with the Welsh Government potentially merging it with nine other budget
lines, with no ring fencing, causing concern for disabled people. A £60 million
integrated care fund has been introduced, which aims to support people to maintain
their independence and remain in their own home. However, there has been a real
terms reduction in budgets for social care services of over 12% due to increasing
need.

The Welsh Government is currently reviewing its Framework for Action on
Independent Living. After a delay, it is anticipated that the new framework provisionally entitled ‘Action on disability: The right to independent living’, will now be
published in autumn 2018. The new framework will be accompanied by an action
plan that will set out a range of actions aimed at tackling some of the key barriers
identified by disabled people, including in transport, employment and housing, and
access to buildings and public spaces.

Northern Ireland

The draft programme for government indicator 42 includes a commitment to
increase take-up of Self-directed Support and direct payments. However, a final plan
has yet to be approved in the absence of a functioning Northern Ireland Executive.
Concerns have been raised that Self-directed Support does not suit everyone, that
too much control is given to the health trusts, and that the support given is not
enough to be used for more than the individual recipient’s basic needs.

In the absence of an approved programme for government, the Northern Ireland
Executive Office has developed a 2018/19 outcomes delivery plan that reflects the
responsibilities placed on departments by the previous NI Assembly and Northern
Ireland Executive, and sets out actions that the departments can take without further
ministerial approval. Outcomes 8 (care and help for those in need) and 9 (a shared,
welcoming and confident society that respects diversity) include a commitment to
improve quality of life for disabled people. The identified actions for fulfilling these
outcomes include ensuring that 8% of new social homes are wheelchair accessible,
introducing opportunities for 200 new NI athletes in the Special Olympics, and
improving understanding of British Sign Language and Irish Sign Language.
Progress will be measured every six months, using a number of indicators set out in
the draft programme for government, including indicator 42. Questions have been
raised in particular regarding the plans for new accessible social homes and whether
an 8% target for new accessible social homes is reflective of demand. It has also
been questioned whether the new accessible social homes will be provided in a way
that addresses the demand in rural and urban areas.

Scotland

The Scottish Government has announced funding for 31 projects delivering direct
and local independent support across 31 local authority areas, through the Support
in the Right Direction 2021 programme. Funding will be provided between October
2018 and March 2021, with the aim of ensuring that more people across Scotland
who require social care are empowered to make choices about their support.

The Scottish Government has confirmed that by 1 April 2019 it will extend free
personal care to all those under the age of 65 who require it, regardless of their
condition.