UK

Disability News Service: Ministers ‘failing to uphold a UN disability convention they do not understand’

The following article was taken from the excellent Disability News Service website, written by John Pring.  This blogger takes no credit for the article below:

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Government ministers are failing to uphold the rights of disabled people, ignoring the need to engage with disabled people’s organisations, and do not understand the UN’s disability convention, according to a new report.

The highly-critical report has been compiled by disabled people’s organisations (DPOs) across the UK and submitted to the UN’s committee on the rights of persons with disabilities.

It analyses how the UK and devolved governments have responded to key parts of last year’s highly-critical report by the committee on the UK’s progress in implementing the UN Convention on the Rights of Persons with Disabilities (UNCRPD).

The new report includes some criticism of the devolved governments of Scotland and Wales – and raises concerns about the impact of the continuing political impasse over the Northern Ireland Executive – but most of its concerns are directed at the UK government in Westminster.

The UK government, the report says, is responsible for “continuing retrogression and re-institutionalisation” of disabled people and continues to disagree with the UN committee’s findings and recommendations.

It adds: “We have concerns that the UNCRPD is not embedded within government and is poorly understood at all levels, including ministerial.”

It provides the example of international development secretary Penny Mordaunt, who appeared to try to redefine the meaning of inclusive education at the government’s Global Disability Summit in July, telling the international audience that inclusive education meant “that everyone has an education and it is done in a way to reach their full potential”.

The report says that many of the concerns raised by DPOs last year in their evidence to the UN committee remained a “significant problem”, with disabled people still subject to “tightening eligibility” for support, the removal and sanctioning of benefits and the bedroom tax.

It also raises concerns about the continuing rollout of universal credit (UC) and says DPOs are “gravely concerned” at the failure to assess the access needs of disabled people due to be moved onto UC and the lack of the necessary data to monitor its impact.

It warns that the social care funding crisis has led to the removal of further essential independent living support for disabled people and the closure of community services for people with mental distress, while increasing social care charges are leaving thousands of disabled people in debt or choosing to pull out of receiving support completely.

The DPOs also point to the chronic shortage of accessible housing in England, with new housing for disabled people often limited to segregated supported housing complexes.

And the report says that the number of disabled children being forced into special schools is rising, while budget cuts are reducing the quality of inclusive education, and the number of disabled pupils left without any educational placement at all has risen, as has the number of disabled pupils excluded from school.

Among the DPOs that contributed to the report are the Alliance for Inclusive EducationDisability Action (Northern Ireland)Disabled People Against CutsDisability WalesInclusion LondonInclusion Scotland, the Reclaiming Our Futures Alliance and Sisters of Frida.

They make 22 recommendations of their own that are aimed at the UK government, including calling for: a new legal right to independent living; the abolition of charging for social care; an end to the practice of placing disabled children and young people in long-stay hospitals; and a new social security system that is based on “an accurate analysis of need” and is “consistent with a human rights approach to disability”.

There are also four recommendations for the Welsh government – including a call to incorporate the UNCRPD into Welsh law – and six for the Scottish government, including the need for a national strategy on the provision of accessible housing.

The DPOs conclude that examples of “progressive” policy-making have been restricted to the devolved governments of Scotland and Wales, although the two executives are “not without room for improvement” themselves.

There is also repeated criticism in the report of the UK government’s “inadequate engagement” with DPOs and its failure to recognise the importance of consulting disabled people.

The report says that “engagement with non-user-led charities is continuously prioritised over engagement with DPOs”, while requests by DPOs to meet ministers “are frequently turned down”.

It also says that engagement with the UK government is “undermined by an increasing lack of trust”, and warns that “without trust, consultation and engagement cannot take place in ‘good faith’”.

The report does welcome one measure taken by the UK government, the increased funding for disabled facilities grants, although it warns that “delays in processing applications can still be a problem for under-resourced local authorities”.

This week’s report follows the publication of the government’s own progress report last month.

The DPO report is highly critical of the government’s progress report, accusing it of effectively ignoring many of the UN committee’s recommendations.

One of the recommendations ignored, it says, was to carry out a cumulative impact assessment (CIA) of its cuts and reforms on disabled people, with the UK government continuing to insist that this is not possible.

It points out that the Equality and Human Rights Commission (EHRC) published a CIA earlier this year, while the Greater London Assembly is conducting its own CIA for London “using the same methodology as the EHRC”, and both the Scottish and Welsh governments are “exploring carrying out their own”.

There is also frustration at the government’s failure to follow up the UN committee’s recommendation that it should devise a “comprehensive” plan aimed at the “deinstitutionalisation” of disabled people, in “close collaboration” with DPOs.

Meeting in Parliament #SaveWILG

I am enjoying this politics lark and on October 25th I shall be attending a crucial meeting in The Houses of Parliament as we continue to fight for the rights of disabled people across the UK.

Working together to implementing the United Nations Convention of the Rights of Persons with Disabilities (UNCRPD)
Committee Room 4, Houses of Parliament
3.30 – 5pm Thursday 25th October 2018
Hosted by Lord Colin Low
 
 Speakers to include representatives from the Reclaiming Our Futures Alliance, Disability Wales, Inclusion Scotland, Disability Action (Northern Ireland), Marsha de Cordova (Shadow Minister for Disabled People) and Stephen Lloyd (Liberal Democrat Spokesperson Work and Pensions) and others to be announced.
 
 In July 2018 the UK government co-hosted a global disability summit in London with the aim of securing international commitments to upholding the rights of Disabled people under the UNCRPD.  Meanwhile Deaf and Disabled people and our organisations remain concerned about retrogression under the UNCRPD within the UK.
 
Twelve months on from the Concluding Observations in the routine public examination of the UK under the UNCRPD, Government, equality commissions and civil society have been required to report back to the UN disability committee. This meeting will launch the alternative reports by UK Deaf and Disabled People’s Organisations and be an opportunity to discuss how government, Parliamentary allies, and civil society can work together to implement the UNCRPD within the UK.
 
BSL interpretation and a palantypist will be provided. For more information or to book a place please contact ellen.clifford@inclusionlondon.org.uk.
 
 

Disability Wales Conference 2018 – #SaveWILG

I am likely to have a busy schedule for the next few months – indeed it has been busy for the last 3 years, but we are coming to the zenith of the campaign – and the #SaveWILG campaign was represented by myself at the Disability Wales Conference and AGM at the Ramada Plaza, Wrexham on Friday 12th October.

Please find below the press release for the conference. I feel I spoke well and got my points across to Paul Deer of the Welsh Government who was sitting on the panel of experts.  I was then given the opportunity to address the conference after lunch.

An enjoyable and constructive day was rounded off with drinks in the pub with a close comrade. I only hope all this hard work is being listened to by those who can make a difference…

 

PRESS RELEASE

Equal Before the Law?

Making Legislation Work for Disabled People

 Today at the Ramada Plaza in Wrexham, Disability Wales is hosting a national conference themed on equality and human rights legislation; and whether disabled people are actually experiencing their rights along with everyone else.

Rhian Davies, Chief Executive Disability Wales states:

“In the wake of UK Government austerity measures, disabled people in Wales and across the UK continue to face serious regression of many of their hard-won rights. Disability Wales Annual Conference will provide a timely opportunity to hear from expert speakers about how disabled people can utilise equality and human rights laws to tackle barriers to independent living”

The facts:

Disabled people make up 26% of the population in Wales, which has a higher proportion of disabled people than other nations and most regions of the UK.  (Papworth Trust 2016)

Disabled people face a higher cost of living than non-disabled people, a cost which is rising year on year.b

Around a third of disabled people experience difficulties accessing public, commercial and leisure goods and services.

(ONS and Stats Wales)

Lesley Griffiths AM Cabinet Secretary for Energy, Planning and Rural Affairs will provide a key note address and outline the Welsh Government’s Draft Framework for Action on Disability: the Right to Independent Living.

“Cabinet Secretary for Energy, Planning and Rural Affairs Lesley Griffiths said: “We want to make sure disabled people have access to the same opportunities as everyone else. Next month we will be publishing our new Framework which sets out how we are addressing social barriers to equality and inclusion.

“It will be accompanied by an action plan to tackle some of the key barriers identified by disabled people themselves, including transport, employment, housing and access to buildings and places.

 “This is a result of a great deal of engagement over nearly two years with disabled people and the organisations that represent them and I want to thank everybody who has helped in this process.”

Conference delegates will also hear from Simon Hoffman Associate Professor at the College of Law and Criminology at Swansea University.  Simon will talk about Progress made on the incorporation of Human Rights in Wales.

Disabled activist and campaigner Doug Paulley will enlighten the conference on how he has challenged the discrimination he’s encountered using legislation.  Doug has brought more than 40 legal cases against organisations that discriminated against him including bus and train companies.

Doug said:

“Fighting disability discrimination takes its toll on you.  The constant battle with service providers to get what I am lawfully entitled to has affected my mental and physical health”

“So, the enforcement mechanism of the Equality Act is fundamentally broken, for me and for all disabled people. Despite this, I’ve produced a guide showing how I have occasionally managed to enforce my rights through the courts, and hopefully to help a few other disabled people do so too.”

Ellen Clifford, Campaigns and Policy Manager for Inclusion London will share her vast experience of campaigning for the rights of disabled people.

The event will be chaired and facilitated by Rhian Davies, Chief Executive of Disability Wales. Questions to the panel and round-table discussions will provide an opportunity for lively debate.

The audience includes disabled people and their allies, representatives of Disabled People’s Organisations, third sector and both local and national government bodies.

 *ENDS*

Call Out To Welsh Independent Living Grant (WILG) Recipients

I am writing as a recipient of the Welsh Independent Living Grant (WILG) and a disability activist who intends on asking Welsh Labour to reconsider their decision to close WILG as of April 2019. I would like to hear from other WILG recipients in the hope of holding a series of public/virtual meetings to discuss how we can best oppose this closure and create a pressure group to support each other through this worrying time.

We are particularly interested in those living outside of Wrexham County Borough Council as we attempt to show that this problem of reducing hours of care and support is not just confined to residents of Wrexham. Having said that, please don’t hesitate to get in touch even if you live in Wrexham. The more evidence we can gather, the better. 

The WILG was introduced to help people who previously claimed from the UK government’s Independent Living Fund (ILF), which closed in 2015.

More than 1,200 people are helped by the scheme.

It was due to run until the end of March 2017, but Social Services Minister Rebecca Evans said in November that funding would continue for another year.

The annual £27m fund will then transfer directly to local authorities during 2018-19 so they can meet the support needs of all former ILF recipients by 31 March 2019.

Something needs to be done as our disabled friends in England have suffered under a similar system that has seen local authorities being solely responsible for their care and support since 2015. This cannot be allowed to happen in Wales as well. We must organise ourselves and demand to be listened to.

The Welsh Government said the decision was taken on stakeholder advice. The majority of representatives on the stakeholder group were third sector or citizens. But they didn’t want WILG scrapped and the key point is that our advice was not accepted.​

It should also be remembered that closure of WILG is not inevitable as is proved through the formation and success of the Scottish Independent Living Fund; which also works to support the Northern Ireland ILF.

They will no doubt argue that we should give the Social Services and Well-being (Wales) Act a chance to succeed. However, this idealistic act needs hefty investment and resources to ensure it is a success – with no sign of any of the necessary improvements to our infrastructure that the success of the Act depends on. This may indeed be the time for a revolutionary change in the way social care is delivered, but such a transformation could take a decade or more and WILG recipients do not deserve to be treated like guinea pigs when their high care and support needs require long-term stability and structure.​ 

Indeed, eventually it should be our aim to set up an Independent Living Fund for Wales so that no disabled person should have to suffer the same uncertainty and isolation as WILG recipients are now experiencing. We can only begin to believe that true social justice and equality for all is possible if Welsh Labour revisit their WILG decision…

WILG recipients who wish to help make a difference should contact nathandavies01@hotmail.com

Further reading is available below:

‘I will spend what remains of my life fighting this if I have to’ – Disabled man’s battle for grant to live independently

Wales Live, BBC One Wales, 09/05/2018

Welsh Government under pressure over disabled grant

Disabled man continues fight for independent lives in Flintshire and Wrexham

This disabled man has lost half his care after Tories axed the Independent Living Fund

Welsh Government has ‘sold disabled people down the river’

Independent living grants: Disability campaigner fear cuts

Welsh Labour Conference 2018 #SaveWILG

There is so much to say about my first Welsh Labour Conference. I don’t have time to share everything that went on during this wonderful weekend as I have much to catch up with and organise for the next few busy weeks. Instead I will share a Facebook post that I added on Saturday night along with a collection of photographs taken by comrades during the weekend.

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This was a hugely important conference for myself and all recipients of the Welsh Independent Living Grant due to Motion 4 that was proposed by Clwyd South CLP. The Motion read as follows:

Contemporary Resolution to Welsh Conference 2018

Clwyd South CLP

MOTION: TO DEFEND AND SAVE THE WELSH INDEPENDENT LIVING GRANT (WILG)

The Welsh Independent Living Grant (WILG) was introduced to help people who previously
claimed from the UK government’s Independent Living Fund (ILF), which closed in 2015. More
than 1,500 people are helped by the WILG scheme across Wales and recipients all have a high
degree of care and support needs.

The WILG was due to run until the end of March 2017, but it has been agreed that funding
would continue for another year. The annual £27million fund will then transfer directly to local
authorities during 2018-19 so they can meet the support needs of all former ILF recipients by 31
March 2019.

This conference calls upon the Welsh Labour government to maintain the WILG, at least until
the next Welsh Assembly election, and to do so whilst retaining the following principles:

• Preservation of the triangular structure of the grant between the local authority, the
individual and a third-party stakeholder

• That the available funding should be ring-fenced in the future to ensure that allocated
monies are used for the purpose for which they are intended.

• That the well-being of disabled people should not be put at risk.

• That the most vulnerable people in society should be protected not endangered.

• That quality of life is a human right for our vulnerable individuals, rather than merely
maintaining existence.

The Welsh Labour Party to report back progress to conference 2019.

Following the proposal of this motion by my friend and comrade Angie Evans, the motion was supported by three other passionate delegates all of whom played a vital role ensuring that the proposal was passed convincingly. Cue celebrations.

The following post is from Facebook:

Saturday afternoon:

BOOM. What an emotional day at the Welsh Labour conference where Motion 4 was passed to #SaveWILG after comrades took the stage to praise a certain campaign and activist. However, this victory is not just mine but is key for disabled rights across Wales and throughout the UK. All my fellow campaigners should also take a bow – this wasn’t just a one man show. We should all rejoice while remembering the fight is far from over as we need to ensure Welsh Labour listen to the will of their members.

I propose a #SaveWILG celebration and review meeting next week. Have a drink for me tonight and sing ‘Ohhh Nathan Lee Davies‘ 

PS – Good riddance Carwyn…

[The following article first appeared on the excellent All too Human blog – After Carwyn Jones]

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The important thing to remember is that the #SaveWILG campaign still continues as although we have won a key battle in our attempts to save WILG, The war to preserve independent living continues…

PRESS RELEASE Disability coalition calls for talks with prime minister over ‘human catastrophe’

A coalition of disabled people’s organisations has today written to the
Prime Minister urging her to meet with them to discuss the deteriorating
quality of life experienced by millions of disabled people in the UK. 

The call comes exactly six months since the United Nations’ damning
report on the UK Government’s implementation of the Convention on the
Rights of Disabled People (CRDP).

The report, published last August, made a number of recommendations
but disability organisations which gave evidence to the UN say that the Government is not taking the urgent action required

 The coalition has highlighted five areas of particular concern:
1.   The failure to fully implement the 2010 Equality Act.
2.   The lack of joined up working across the 4 nations of the UK.
3.   The lack of resources to ensure disabled people are included in their communities.
4.   The continuing gap in employment opportunities for disabled people.
5.   The right of disabled people to an adequate standard of living and social protection.

Rhian Davies, Chief Executive of Disability Wales said:
“Six months on from the UN Disability Committee’s damning verdict on the UK Government’s failure to protect and progress Disabled people’s rights, things continue to get worse not better for Disabled people. The Government appears to be maintaining its position of blanket denial that there is anything wrong, dismissing our lived experience, the UN findings and failing to act on any of the recommendations put forward in the Committee’s Concluding Observations. This state of affairs cannot continue. Disabled people’s organisations from across the UK are calling on the Government to recognise the very serious concerns identified by the UN Disability Committee and to use the Concluding Observations as an opportunity to begin working with, not against Disabled people, so we can get our rights, inclusion and equality back on track.”

Welsh Government has responded to the UN’s Concluding Observations through continuing dialogue with disabled people and our organisations through the ongoing review of the Framework for Action on Independent Living. While we need to see progress towards completing and implementing the revised Framework, we are encouraged by Welsh Government’s ongoing commitment to tackling barriers to independent living.

However, as a devolved nation, it is not possible to entirely mitigate the impact of UK austerity policies so we join forces with our sister organisations across the UK in calling for urgent action from the Prime Minister in our quest to safeguard disabled people’s human rights in Wales.”

The Coalition members include:
Disability Wales, Disability Rights UK; Inclusion Scotland;;  Disability Action Northern Ireland; Reclaiming Our Futures Alliance; Disabled People Against Cuts; Black Triangle; Alliance for Inclusive Education; British Deaf Association; People First (learning disability); National Mental Health System Service Users Network; UK Disabled People’s Council; Equal Lives; Inclusion London.

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Rt. Hon Theresa May M.P.
Office of the Prime Minister
10 Downing Street,
London SW1A 2AA

 28th February 2018

 Dear Prime Minister

United Nations Convention on the Rights of People with Disabilities

We are a coalition of disabled people’s organisations, led and controlled by disabled people, who, following our participation in the UN’s examination of the implementation of the Convention on the Rights of People with Disabilities (CRPD) have come together to promote the Convention.

We are writing to draw your attention to the fact that the examination by the U.N. of the U.K.’s implementation of the CRPD was concluded in Geneva six months ago and that, to date, there appears to have been no response from HM Government. In its Concluding Observations, a number of areas for action were identified.

Among these, the UNCRPD committee particularly highlighted five significant areas of concern:

1.    the many gaps in safeguards and rights for disabled people including unimplemented sections of the Equality Act 2010, the lack of resources to ensure the Equality Act is implemented, and the need to enshrine the CRPD into U.K. law as we leave the E.U. 

2.   the lack of joined up working between the four nations of the U.K. and the need for a fully resourced action plan to implement the CRPD across the U.K. 

3.   our right to independent living and to be included in the community. 

4.   our right to employment and

5.   our right to an adequate standard of living and social protection.

Further the U.N. committee recognised that the U.K. has previously been seen as a leader on disability rights by many countries around the world and therefore has a ‘special obligation’ to set world leading standards on the treatment of disabled people and their inclusion in society.  Sadly, the committee concluded that the UK’s leading position has been lost.

We note that during the two-day hearing in Geneva, 23 and 24th August, the U.K. Government delegation gave a commitment to continuing the dialogue on how disabled people’s rights can be realised in the U.K. and specifically how engagement might be improved.  In the spirit of Article 4.3 of the Convention, general obligations involvement of disabled people and their representative organisations we are willing, and indeed expect, to work with you on progressing disabled people’s rights across the whole spectrum covered by the Convention from access through to being included in the community and being able to realise our ambitions and potential.

We should therefore like to request a meeting with you and your officials to discuss:

1.   How government is implementing the UNCRPD committee’s concluding observations and

2.   How Government plans to work with organisations led by disabled people monitoring and implementing the Convention.

We trust that the Government will embrace the need to be more proactive in promoting and implementing disabled people’s rights and inclusion in society. We look forward to hearing from you further and working with government on an action plan to complete the implementation of the rights of disabled people detailed in the CRPD which was ratified by the U.K. in 2009.  Our expectation is that the U.K. will once again be seen as a leader in implementing the human rights of disabled people by all countries across the world.

Yours faithfully

Kamran Mallick – CEO Disability Rights UK
Dr Sally Witcher OBE – CEO Inclusion Scotland
Rhian Davies – CEO Disability Wales
Patrick Malone – Disability Action Northern Ireland
Eleanor Lisney – Reclaiming Our Futures Alliance
Dr Terry Riley – British Deaf Association
Tracey Lazard – CEO Inclusion London
Linda Burnip – Disabled People Against Cuts
John McArdle – Black Triangle
Tara Flood – CEO Alliance for Inclusive Education
Anne Novis – UK Disabled People’s Council
Mark Harrison – CEO Equal Lives
Dorothy Gould – National mental health system Survivor Users Network
Andrew Lee – CEO People First learning disability

A ‘human catastrophe’ – New UN condemnation for UK human rights record

Disability Wales Press Release
31st August 2017
 
The UK Government’s claim to be a ‘world leader in disability issues’ has today been crushed by the UN Committee on the Rights of Persons with Disabilities. The Committee has released damning Concluding Observations on the UK, following its first Review of the government’s compliance with the Convention.
 
 The highlights of the press conference held by the UN Committee on the Rights of Disabled People at this afternoon are:
·        The Committee has made the highest ever number of recommendations to the UK.
·        The UK’s retrogression in ensuring Independent Living is a major concern. There is not adequate funding, resulting in too much institutionalisation.
·        There is a significant problem with Deaf and disabled people’s standard of living. Disabled people continue to be disadvantaged in employment, and are not adequately compensated for disability by the state.
 
The Observations conclude last week’s public examination of the UK Government’s record on delivering disabled people’s rights. The examination was declared by the UK rapporteur Mr Stig Langvad, to be “the most challenging exercise in the history of the Committee”. Mr Langvad raised deep concerns on the UK Government’s failure to implement the rights of disabled people. He also noted the government’s “lack of recognition of the findings and recommendations of the (2016) Inquiry” which found ‘grave and systematic violations of disabled people’s human rights’.
 
Deaf and Disabled People’s Organisations (DDPOs) were hailed as the genuine “world leaders” for their efforts in bringing to light the injustices and human rights violations inflicted on disabled people in the UK.
 
The UK Delegation of Deaf and Disabled People’s Organisations has issued the following joint statement:
 
“Today the UN(CRPD) Committee has, once again, condemned the UK Government’s record on Deaf and Disabled People’s human rights. They have validated the desperation, frustration and outrage experienced by Deaf and Disabled people since austerity and welfare cuts began. It is not acceptable for the UK Government to ignore the strong and united message of the disability community.
 
UK Government representatives committed during the review to rethinking the way they support Deaf and Disabled People to monitor our rights. We welcome this commitment.  However, we are clear that our involvement must be genuine and inclusive and that we cannot accept anything less than progress on delivering the human rights enshrined in the Convention, and denied us for too long.
 
DDPOs have established themselves as a force to be reckoned with following a long campaign of challenging the Government’s blatant disregard for the lives of Deaf and disabled people in the UK. The unity and solidarity demonstrated by the Committee and the UK Independent Mechanism in supporting our calls for justice continue to strengthen us.”
 
Rhian Davies, Chief Executive of Disability Wales said, “It is a relief to see that the UK Government’s appalling treatment of disabled people has been called out by the UN Committee. The Concluding Observations give a clear sense of direction for the UK and devolved Governments. We welcome Welsh Government’s commitment to a strengthened Framework for Action on Independent Living since much of the implementation of the UNCRPD is devolved to Welsh Government.
 
However, as a devolved nation, it is not possible to entirely mitigate the impact of UK austerity policies and we will continue to join forces with our sister organisations across the UK in our quest to safeguard disabled people’s human rights in Wales.”