NHS

Corbyn Issues Brexit Update #JC4PM

Cheerio

Excellent news to wake up to, though tinged with dread as to the identity of her successor. Surely to goodness, her replacement could not be any worse. Looking at the Tory Leadership candidates though does not inspire any confidence…

A General Election is growing ever closer and we can’t miss our opportunity to make a difference.

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The following article was taken from the SKWAWKBOX blog and can be accessed by clicking here.

MAY ANNOUNCES 7 JUNE RESIGNATION WITH TEARS, CLAIMING TO LOVE COUNTRY SHE ABUSED

May’s tearful exit cuts no ice

Comment

Theresa May has announced that she will resign on Friday 7 June, breaking down as she concluded her speech in front of Downing Street with that she has been serving “the country I love”. Her speech attempted to focus on her ‘achievements’ rather than her failures.

TV commentators immediately started talking about her dignity and empathising with her pain, but May’s tears cut no ice.

Here are just a few of May’s ‘achievements’:

She has been a PM who debased our democracy by making the abuse of democratic process for her own ends a routine thing and ran and hid rather than face votes in the Commons – yet who lost none of the arrogance she showed as Home Secretary when she became PM.

May was responsible for the awful Windrush scandal, yet let – and probably made– Amber Rudd fall on her sword so May could hold onto the keys to Downing Street, then slapped Windrush people in the face by bringing her back into her Cabinet.

She had known that Windrush folk were citizens, yet deported them anyway, denying compensation to many. And when a parliamentary vote threatened to expose the full extent of her involvement in the abuse of their rights, she whipped her MPs to defeat it and keep her shame hidden.

May promised the survivors of the Grenfell Tower horror they would be rehoused within weeks. Almost two years later, many are still waiting.

May was responsible for the horrific statement that asylum seekers should be deported first and appeal later – and covered up the rendition scandal that she personally oversaw.

May lied about the AIQ/Cambridge Analytica scandal – and still dodged answering even when exposed.

May knew about sexual harassment by Tory MPs long before it was exposed – and was responsible for a huge ‘loss’ of evidence against parliamentary child abusers.

May personally vetoed visas for NHS doctors from overseas, prolonging the suffering of NHS patients.

She binned the second part of the Leveson enquiry to protect her allies in the abominable right-wing press from the consequences of their involvement in spying on vulnerable people.

Worst of all, she has:

  • overseen the ongoing, inflicted collapse of our NHS
  • terrorised disabled and vulnerable people with cuts, sanctions and constant tests to remove their support
  • cut councils’ budgets so hard that they can no longer support many of the most vulnerable in our communities
  • pushed the number of children in poverty to well over four million
  • pushed fourteen million of our citizens in such desperate poverty that the UN’s special envoy for extreme poverty has just condemned it again and has said it could easily be solved if she had wanted to
  • continued and intensified policies that have seen the deaths – the ‘social murder‘ of at least 120,000 people
  • forced rape victims and domestic abuse survivors to prove their abuse or face loss of benefits and even homes

This is by no means an exhaustive list – it would be a huge undertaking to list all of her ‘achievements’.

No, Theresa May deserves no sympathy. Her tears cut no ice compared to the anguish of millions and deaths of tens of thousands in which she played a full and enthusiastic part.

And now she will be replaced by no less a horror, whichever Tory wins their leadership race – and the UK will be forced to suffer two unelected Prime Ministers in a row and the depredations they will continue to inflict.

Cry for the people, not for Theresa May.

Motion – National Independent Living Support Service #NILSS

The following article was taken from the Disabled People Against Cuts (DPAC) website and is certainly something #SaveWILG campaigners will be supporting as we continue to work with the Welsh Government to formulate an independent living scheme.

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Disabled People Against Cuts and our allies in the Reclaiming Our Futures Alliance are campaigning for a National Independent Living Support Service capable of upholding disabled people’s rights to independent living and building on what was so effective about the Independent Living Fund before it was closed in spite of enormous opposition in June 2015.

Please call on your union branches and CLPs to pass motions supporting the campaign. Thanks to Sean McGovern for the wording of a suggested motion as below. If you would like someone to speak at your branch meeting please send details to mail@dpac.uk.net.

For information about our vision of a National Independent Living Support Service, download this document: NILS-summary-doc-2

 

National Independent Living Support Service Motion

There is no doubt that social care is in crisis. A crisis brought about by years of Conservative governments’ ideological austerity policies. Today we have a failing system unable to meet current need; and certainly, unfit to respond to predicted future growth.

Bringing social care under a struggling NHS umbrella is not the answer. Indeed, the overwhelming majority of disabled people with social care packages do not receive healthcare interventions through support packages. No, healthcare and social care serve very different kinds of need.

Therefore, this Conference calls upon a newly elected Labour government to establish a National Independent Living Support Service (NILSS). A Service:

  • that gives new universal right to independent living
  • enshrined in law and delivered through a new national independent living service co-created between government and Disabled people,
  • funded through general taxation and managed by central government,
  • led by Disabled people and delivered locally in co-production with Disabled people.

Marrying social care to the NHS further medicalises disability in addition to denying the very things that disabled people are crying for…Independence, Choice and Control – things only deliverable by the establishment of a National Independent Living Support Service.

Word Count 197

Tired of Waiting… #SaveWILG

I’m too tired to write creatively today, but it is important that I let people know how I am after my blood clot scare.

I had woken on two consecutive  mornings with a badly swollen lower leg.  See pictures below:

I just thought this was a case of my sock being too tight, but after calling a Community Nurse to seek reassurance I was warned that this could in fact be a blood clot. I suddenly started to panic. My main concern was making sure I would be able to attend a crucial meeting for the #SaveWILG Campaign that we have lined up for Tuesday [12th of February].

I was rightly made to phone the Out Of Hours Doctor. I explained the situation and I was told that a doctor would be out to see me during the afternoon. The hours passed and I eventually received a telephone call  at 18.30. The doctor explained  that there was no point in him coming out to see me as he would need me to go to A&E to have a blood test and scan on suspect area. I did not want to go because I knew that this would mean hours of waiting while pointlessly staring into space…

The doctor insisted that I needed to go because if it was a clot it could have travelled to my lung. Suitably scared I spent my Saturday evening playing I Spy in A&E reception. This was good fun for the first couple of hours but as we entered our fifth hour of waiting I had lost the will to live.

I spy with my short sighted little fucking eye, something beginning with…

I had entered the hospital at 19.30 and I was being hoisted into bed at 03.00. The doctor finally examined me at 02.15 and then said there would be a further wait for the results of my latest blood test. I politely told him that I was unable to wait any longer and was going home to bed. I made sure that he had plenty of contact numbers for me and my family and wished him a good night. [TO BE CLEAR, I AM NOT HAVING A GO AT ANY OF THE NHS STAFF THAT WERE ON DUTY. AS ALWAYS THIS DEDICATED TEAM OF PROFESSIONALS WERE EXTREMELY HELPFUL IN THE FACE OF UNRELENTING PRESSURE AND STRETCHED RESOURCES].

After a solid 6 hours sleep, my PA phoned the hospital to try to discover the results of my blood test. She was given short shrift and told that it was highly unlikely that a doctor would promise to give out test results over the telephone. I was looking at a return to A&E as my leg had swollen yet again, as can be seen in the pictures above. After a morning of worry, I decided to phone A&E again myself. This time I spoke to another member of staff who had no problem in telling me that the blood test had come back negative. He reassured me that the test was 99% reliable.

I will still visit my GP in the morning as a matter of urgency. I need to have my circulation assessed and find out what exactly has been causing the swelling if it is not a clot. I will ask for the Occupational Therapist to be alerted to the problem in the hope that they might recommend something to stop this happening again.

This is just another piece of valuable evidence that shows that I cannot cope without 24/7 support in my own home. I know it, you know it, the Welsh Government know it, but Wrexham County Borough Council continue to bury their heads in the sand and deny me my human right to independent living.

I will continue to fight against the scrapping of the Welsh Independent Living Grant by the Welsh Government and carry on my crusade to achieve justice for all disabled people with high care and support needs across Wales.

 

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.

Closure of the Welsh Independent Living Grant: In the cause of equality of provision for disabled people? #SaveWILG

The following article was written by Ann James and Luke Clements. It appears on their superbly informative website which can be viewed here.

We would like to thank Ann and Luke for their research and work in putting together such a comprehensive report.

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Local authorities in Wales are rushing to meet the new September deadline, set by the
Minister for Health, for the re-assessment of the 1,300 or more recipients of the Welsh
Independent Living Grant (WILG). In November 2016 the Welsh Government (following in the footsteps of the English Government) announced the closure of the WILG.

The transfer of care and support of all recipients to local authority provision has been
contentious and has left many recipients anxious and fearful that their right to Independent Living will be eroded by this decision. A strident campaign has been launched by recipients of the WILG (and the previous Independent Living Fund (ILF)) and their families and supporters under the campaign banner of #SWILG.

Closure of the Wales Independent Living Grant

The Independent Living Fund (ILF) was established by the Department of Health and
Social Security in 1988 as an independent trust to provide a weekly payment to a
small number of severely disabled people who would have suffered very significant
financial loss as a result of the abolition of supplementary benefits ‘additional
requirements’ payments in that year.4 It is however thought that about one million
disabled people experienced considerable losses as a result of the 1988 changes.

The ILF existed in various forms until it was closed by the Department for Works and
Pensions to new applications in December 2010,  at which time it was providing support
to 46,000 people with complex needs to live in the in the community.7 At that time the UK
Government argued that it was an unsustainable cost; that it perpetuated an unfair funding of services to disabled people; that distribution of ILF was inconsistent across the four nations and within the four nations; and that the advent of direct payments and individual budgets in England obviated the need for ILF.8 The ILF closed in June 2015 and the funding was devolved to English local authorities and the Scottish, Welsh and Northern Irish Governments

The WILG was set up in 2015 following a consultation exercise and gave the Welsh
Government a period of moratorium to decide on how to proceed
.
The options before the Minister were:

• the extension of current arrangements;
• an arrangement with a third party to continue to provide payments to recipients in
Wales, and;
• to transfer the responsibility and funding to local authorities in Wales over a two-year
transitional period so as to eventually provide support through nIn November 2016, it was announced that the WILG would close in March 2019 and that all recipients would be assessed by their Local Authority for care and support under the Social Services and Well-being (Wales) Act (SSWBA) 2014 by March 2018. The March deadline was extended to–September 2018 to enable local authorities to complete their assessments of WILG recipients.

The #SaveWILG campaigning group led by Nathan Davies continue to fight a vigorous campaign to persuade Welsh Government to retain the WILG and grow the provision in a similar fashion to Scotland.

The Equality Impact Assessment (EIA) carried out in advance of the closure decision in Wales conveys a Panglossian view, that is to say an overly optimistic view of what the 2014 Act will deliver following the closure of the WILG in 2019.  It also fails to acknowledge and consider the potential adverse effect on individuals who may have significant changes to provision and how this will be addressed to ensure the recipients right to Independent Living.

The rational for the closure of the WILG is in keeping with the UK Government’s arguments for the closure of the ILF. Welsh Government argues that:

  • the continuation of the WILG will perpetuate a ‘two tier’ system of provision and that this is unfair on those who receive care and support solely through their local authority.
  • the cost of maintaining a Welsh version of the Independent Living Fund is financially unsustainable as money devolved to Wales from the UK Government’s closure does not have the capacity to respond to future need of recipients nor allow for the opening of the WILG to new applicants.
  • the SSWBA 2014 and Direct Payment provision will enable and support independent living and that the need for a discrete fund is not required.

 

Transition from the WILG to local authority provision: are there messages from England?

The analysis and studies of the impact of the closure on ILF in England are bound to give concern to WILG recipients in Wales. The Shakespeare and Porter 2016 study, which focused on the impact of the transition from ILF to local authority support, found high levels of concern and anxiety about Local Authority processes and provision during this period. The Department of Work and Pensions Post-Closure Review,found both positive and negative experiences of the transition. Those who had retained their provision or had an increase in provision or a slight reduction reported satisfaction without any loss to their independence. For those who had experienced a significant reduction there was a loss of independence, greater restrictions to their independence and an increased reliance on unpaid carers. There was also a concomitant impact on the emotional and physical health of these participants.

An emerging theme from the research and reviews is the post-code lottery faced by previous recipients of ILF. The finding in Inclusion London’s  review confirmed this factor and found in addition inconsistent practice in relation to NHS Continuing Health Care (NHS CHC) referrals for funding and failings in the implementation of the Care Act 2014 which left services users without essential provision.

Many disabled people who will be transiting from the WILG will be legally eligible for NHS CHC funding or at least NHS joint funding. In addition to the well-documented procedural hurdles they encounter in obtaining this support, in Wales a more troubling challenge exists.  The Welsh Government has made it clear that it will not permit direct payments to be made for people eligible for NHS CHC (unlike in England such payments can be made.  Many LHBs appear reluctant to facilitate direct payments via a trust arrangement (often referred to as an Independent User Trust (IUT)) even though the High Court has held this to be lawful (indeed necessary in certain situations).

Anecdotally it is also reported that LHBs are placing obstacles in direct payments being made where there is a joint funding arrangement even though the Framework guidance makes it clear that where ‘an individual has existing Direct Payment arrangements, these should continue wherever and for as long as possible within a tailored joint package of care’.

 

Concluding Comments

About 1,300 people will transfer from the WILG to local authority care and support under the SSWBA 2014 by March 2019. Many of the recipients and their carers are concerned that their right to Independent Living will be compromised as local authorities re-assess and establish their eligibility to services.

The R (CWR) v Flintshire County Council (2018) Case Note illustrates the challenges that a disabled person and his/her family can face in Wales as they seek to access care and support. This case note does however, highlight the statutory requirements for a comprehensive assessment of disabled people in need of care and support and their carers. It demonstrates too, that assessments undertaken in a cavalier manner can be challenged and local authorities held accountable for their assessment, determination of eligibility and care provision. This may provide some reassurance to WILG recipients although it is perhaps questionable how many will have the energy, knowledge and courage to pursue this option.

While the term ‘well-being’ may be used in a perfunctory manner in discussion about social care, the definition in section 2 SSWBA 2014 is comprehensive and includes control over day to day life (s.2(4) (a)) and participation in work (s.2(4)(b)).

Clements notes that section 6(3)(b) stresses ‘the importance of promoting the adult’s independence where possible’ and argues that this is amplified and bolstered by para 56 of the Part 2 Code of Practice (General Function) which states that the well-being duty ‘includes key aspects of independent living as expressed in the UN Convention on the Rights of Disabled People in particular Article 19 which recognizes the right of disabled people to ‘full inclusion and participation in the community’; to choose where they live and with whom they live; and to have access to a range of community support services ‘to support living and inclusion in the community, and to prevent isolation or segregation from the community’. Assessment, eligibility determinations and decisions on how to meet need will need to be infused by these principles.

R (JF) v. Merton LBC highlighted the requirement for an assessment to have regard to the dimensions of well-being set out in stature.

A comprehensive overview of assessment, eligibility and meeting needs can be found at www.lukeclements.co.uk/wp-content/uploads/2017/11/Wales-SS-Well-being-Act-26.pdf page 9.

This ‘post’, written by Ann James and Luke Clements, appears in Rhydian: Wales Social Welfare Law on-line (2018) 23-26: to access this click here.

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#TrashTheTories – how you can help make sure June is the end of May

The time to act is now – that is why I will be on the streets for the next few days practising what I preach and hoping it will result in a change of Government.

This article originally appeared on Disabled People Against Cuts

It’s doubtful that anyone reading the DPAC blog will be in any doubt that Deaf and Disabled people in the UK cannot afford the Tories to get re-elected in June. Since 2010 the Tories have relentlessly attacked Disabled people, hitting the same group of people again and again with cut after cut.

While inequality and poverty increased for Disabled people and the poorest in society, the rich have got richer. Since 2010 when the Tories took power the richest 100 people in Britain have increased their wealth by £55.5 billion. Meanwhile nearly half of the poverty in the UK is now directly associated with disability.

Despite the UK becoming the first country in the world to be found guilty of grave and systematic violations of Disabled people’s rights, the Tories are determined to push through their planned welfare savings and ideological dismantling of state support whatever the cost to us.

Already, just this year, changes to PIP brought in through emergency legislation to avoid Parliamentary scrutiny have taken essential support away from 164,000 people predominantly with mental health support needs, Employment and Support Allowance has been cut by a third for people in the Work Related Activity Group and in April the Government sneaked through three more hidden cuts affecting Disabled people.

At the same time, social care packages are being cut to the bone leaving Disabled people trapped indoors without choice, control, dignity or freedom. Over the Summer, the Department for Work and Pensions will be rolling out the new “Health and Work Conversation” to create an added barrier before Disabled claimants even reach the notorious Work Capability Assessment.

It is wrong to assume however that because the Tories have been getting away with this for so long that this is what the majority of the public wants. Most people are shocked and horrified when they find out what has taken place, incredulous that this can happen in the UK in the twenty first century and angry that anyone would and could pursue policies of, in Ken Loach’s words, such “conscious cruelty”. As I argued in a previous post, the majority of people would rather live in a fair and just society that values diversity and works for the benefit of the many rather than the few.

What we have at the moment is a system when power and wealth are in the hands of the elite and that includes control of the mainstream media and the ability to communicate misleading information and to distract from the real problems in society. Thus we find people blaming migrants and benefit scroungers instead of challenging the real enemies who are those who choose to put profit before people.

Precisely because we are the many and they are the few, the obstacles to achieving a fairer society are not insurmountable. Jeremy Corbyn’s two elections as leader of the Labour party in spite of everything the right wing of the party and the media threw at him, the second time with an increased mandate, show that united we can win.

But social justice and a fairer society are not things that will ever be handed to us on a plate, they have to be fought for.

With a General Election called and the prospect of another five years of Tory rule bringing with it insurance based systems to replace benefits and the NHS, now is one of those times when we have to step up and fight even harder because of the very real human cost that a loss will entail.

We all have a part to play in the coming weeks.

It is up to us all to do what we can to make sure the real information gets out there about what a Tory election will mean for Disabled people.

On 2nd May DPAC will be officially kicking off our election campaign to #TrashTheTories with our #NotTheFuckingTories protest: https://www.facebook.com/events/247652075641387.

We would like as many of you to join us as possible on the day but what is even more important is that members get out on the streets and your keyboards in the coming weeks to get that information out there to make anyone thinking of voting Tory or voting in a way that would help the Tories get in, think again.

The voices of Disabled people can and does make a difference. In the 2014 local elections the Disabled campaign group Hammersmith and Fulham Coalition Against Cuts ran street stalls to engage with the public and hand out information about how the cuts were impacting on local Disabled people and what the different local political parties were saying on disability issues. Unexpectedly, Labour unseated the Tory Council and followed through on honouring significant pledges they had made to Disabled voters before the election on issues such as abolishing home care charging.

We are asking all our members to think about what you can do and how you can help and encourage you to target marginal seats. There are some resources you may find useful at the end of this post. The media are often keen to cover stories about access to voting for Disabled people so do use this angle to get local attention.

Can you:

         Make sure your friends, neighbours and colleagues are registered to vote before the deadline on 22 May and plan to use their vote?

         Leaflet on street stalls or door to door with information about how important this election is to Deaf and Disabled people?

         Circulate information about what the different parties are saying on disability issues?

         Hold a local screening of I Daniel Blake with a Q and A after?

         Organise a local Deaf and disability hustings event?

DPAC has some funding for leaflets, stickers and posters which we can post to you if you have an event organised. Please keep us informed with how you are getting on.

Love and solidarity.