United Nations

Disability News Service: Labour ‘on collision course with UN and EHRC over independent living’

The following article has been written by John Pring and appears on his excellent Disability News Service website which can be found by clicking on this link.

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The Labour party is on a “collision course” with the equality and human rights watchdog and the United Nations because of its failure to accept the need for a legal right to independent living, according to a national network of disabled people’s organisations (DPOs).

The Reclaiming Our Futures Alliance (ROFA) has called on Labour to join the TUC in backing its proposals for a new National Independent Living Support Service (NILSS) that would give disabled people crucial new rights to free support.

A meeting of ROFA members and supporters from across England agreed on Friday on their priorities for winning support for NILSS.

Among those priorities was to push Labour to include the plans in its next general election manifesto.

There was also “contempt” at the meeting for the Conservative-led government’s continuing failure to publish its own much-delayed plans for solving the adult social care funding crisis.

ROFA’s demands for a NILSS were first set out in January, in the Independent Living for the Future document, and backing for the plan appears to be growing.

On Friday, the Trades Union Congress passed a motion – proposed by Sean McGovern, co-chair of TUC’s disabled workers’ committee – that calls on the next Labour government to establish a NILSS.

The motion had been passed by TUC’s annual Disabled Workers’ Conference in May.

Such a service, running alongside the NHS, would provide a universal right to independent living, with support provided free at the point of need, funded by general taxation, managed by central government, and delivered locally in co-production with disabled people.

Similar motions have been passed by local Labour branches, with the hope that the proposals will be debated on the floor of the party’s annual conference in Brighton from 21 September.

And the day after Friday’s meeting, ROFA member Andrew Day passed Jeremy Corbyn a letter, when the Labour leader visited him during a visit to Norwich, in which he asked him to meet ROFA to discuss the NILSS proposals.

Mark Harrison, a ROFA member who helped draw up the strategy and took part in Friday’s meeting, said the disabled people’s movement was united behind NILSS.

He said the idea could be “transformational” if it was adopted by Labour as part of its general election manifesto.

But he said he did not believe that the party’s shadow social care minister, Barbara Keeley, had engaged with representative DPOs on social care and the right to independent living, as the party should have been doing because of principles laid out in article four of the UN Convention on the Rights of Persons with Disabilities.

Labour disputed this and insisted that Keeley had not refused to meet with RoFA, and “regularly consults with a range of stakeholders, including people with lived experience, on social care policy development”.

Harrison said Labour’s current policies on social care were “pathetic” and “neither transformational nor socialist”.

He said Labour was currently on a “collision course” with the UN committee on the rights of persons with disabilities, which has called for the UK to introduce a legal right to independent living, and the Equality and Human Rights Commission, which has also backed such a move.

Although Labour’s 2017 general election manifesto (PDF) promised to sign the UN convention into UK law, the party has since shied away from promising a legal right to independent living, which is offered by article 19 of the treaty.

Harrison said ROFA would hold the Labour party’s “feet to the fire” over independent living.

He said: “This could be a flagship commitment of a new Labour government coming to power.”

He also said there was “complete contempt” for the government at Friday’s meeting over its failure to publish its plans for social care, and for its own failure to engage with representative organisations of disabled people.

He said “momentum was building” behind the NILSS idea, and he added: “That was the good thing about Friday: the momentum is building up and people are really on it, determined that we are not going to let this one go.

“The Labour party should not be waiting. It should be engaging with us now.”

A Labour party spokesperson said: “The proposals fall across a range of government policy areas, from work and pensions and health and social care to justice.

“They will be considered carefully as part of Labour’s policy development process.”

She added: “Labour is committed to addressing the crisis in social care.

“Our plans for a National Care Service will provide dignity in older age, and independence and support for people with disabilities.

“Our plans will ensure that social care receives the funding it needs, at a time when Tory austerity has created the national crisis in social care.”

The Department of Health and Social Care had failed to comment by noon today (Thursday).

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.

Pressure grows to keep disability living grant #SaveWILG

Taken from the Plaid Wrecsam blog with sincere thanks.  

Pressure is mounting on the Welsh Government to maintain an essential grant for disabled people after 20% of AMs backed a statement of opinion.

Plaid Cymru AM Llyr Gruffydd has tabled a Statement of Opinion in the National Assembly calling for the Welsh Independent Living Grant, which allows severely disabled people to continue to live independently, to be retained. The Welsh Government plans to scrap the grant next year, transferring the responsibilities over to Local Authorities.

Nathan Lee Davies, of Wrexham, has been campaigning to keep the grant for several years, and managed to pass a motion of support for maintain the grant at this year’s Welsh Labour Spring Conference.

Llyr Gruffydd, Plaid Cymru’s North Wales AM, said:

“Recipients of the Welsh Independent Living Grant tell me that the system as it is now works well, and they fear that transferring the responsibility over to councils would compromise their independence. Maintaining their independence is paramount. Their dignity and right to independence should be respected.

“Scotland’s Government has maintained its Independent Living Grant and indeed invested in the scheme. It’s widely supported by disabled people, and it provides a national criteria instead of forcing a prescribed criteria locally that would result in a post code lottery for the most severely disabled people. This is what will happen in Wales under the proposals.

“I’m calling for each Assembly member to sign up to my Statement of Opinion, and urging as many people to contact their Assembly Member asking them to support it. So far 20% of Assembly Members have signed up. I would hope that Labour Assembly Members would support it, as it chimes with their own party policy that was only passed earlier this year following a strong grassroots campaign.”

Disability campaigner Nathan Lee Davies, of Wrexham, gave his backing for the Statement of Opinion:

“This is a very frightening time for disabled people with high care and support needs across Wales as they are being asked to rely solely on cash-strapped local authorities to meet their daily living requirements. The Welsh Government is quite simply washing its hands of all responsibility towards this section of society.

“Care packages were originally agreed upon by the disabled individual, local authorities and a third-party social worker who was entirely independent. Under the new system, who would disabled people be able to turn to if they did not agree with the local authority? The existing tripartite system for deciding care packages MUST be maintained.

“I should also underline the fact that I am an employer who provides work for five other people. The loss of WILG could mean that my personal assistants will be losing significant amounts of work.”

The Statement of Opinion says:

This Assembly:
1. Notes the cuts suffered by local authorities over recent years, and the squeeze on social services budgets across Wales.
2. Further notes that article 19 of the United Nations Convention on the Rights of Persons with Disabilities states how people with disabilities should have “choices equal to others”.
3. Commends the Scottish Government on introducing a successful Independent Living Fund that is trusted and has a national criteria.
4. Believes that the Welsh Independent Living Grant should be retained as a national funding package with a national criteria, ensuring the recipients independence, along the lines of ILF Scotland.
Anybody wanting to urge their AM to sign the Statement of Opinion should ask them to support OPIN-2018-0094 The future of the Welsh Independent Living Grant

SOP and signatories here: http://record.assembly.wales/StatementOfOpinion/94

Plaid Cymru AM Issues Statement of Opinion #SaveWILG

Plaid Cymru AM, Llyr Gruffydd has released the following Statement of Opinion to the delight of everyone working on the #SaveWILG campaign:

OPIN-2018-0094 The future of the Welsh Independent Living Grant
Tabled on 18/06/2018

This Assembly:

1. Notes the cuts suffered by local authorities over recent years, and the squeeze on social services budgets across Wales.

2. Further notes that article 19 of the United Nations Convention on the Rights of Persons with Disabilities states how people with disabilities should have “choices equal to others”. 

3. Commends the Scottish Government on introducing a successful Independent Living Fund that is trusted and has a national criteria. 

4. Believes that the Welsh Independent Living Grant should be retained as a national funding package with a national criteria, ensuring the recipients independence, along the lines of ILF Scotland.

Subscribers

Adam Price – Carmarthen East and Dinefwr

Sian Gwenllian – Arfon

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A Statement of Opinion on a matter affecting Wales may be tabled by any Member other than a member of the government; and any such Statement may be supported, opposed or otherwise subject to comment in writing by any other Member. Statements of Opinion are published on the Assembly website but there is no Assembly decision on them.

 

 

Disabled people and their concerns can no longer be ignored

Reblogged from the Morning Star: http://www.morningstaronline.co.uk/a-761f-Disabled-people-and-their-concerns-can-no-longer-be-ignored#.WZ9EjD595dg

Thursday 24th Aug 2017

ELLEN CLIFFORD and ANITA BELLOWS report on how disability rights activists brought evidence of the Tories’ savage policies to the United Nations

DEAF and disabled people’s organisations from across Britain have come together this week to give evidence about Westminster’s continuing violations of disabled people’s rights under the Convention on the Rights of Disabled people (UNCRPD), with a delegation that includes representatives from Disabled People Against Cuts (DPAC) and the Reclaiming Our Futures Alliance, as well as Disability Wales, Inclusion Scotland and Disability Action Northern Ireland.

There are two parallel processes. The UNCRPD committee will simultaneously hear about British progress in implementing the UN Convention on the Rights of Disabled People, as part of a periodic review of all nations that are signed up to the convention, as well as a presentation following up on the initial complaint made by DPAC under the optional protocol of the CRPD, which triggered the first inquiry against a state under this process.

The periodic review is wide-ranging and covers detentions under mental health legislation, employment, education, transport, housing, social care and independent living, specific discrimination against women, black people, intersex people, people with learning difficulties and so on.

On Monday August 21, deaf and disabled people’s organisations from across Britain gave a presentation in front of the committee in a closed session.

We highlighted the gaps in state provisions which undermine the government’s claim that the Westminster government’s public spending on disability and incapacity is higher than all other G7 countries bar Germany.

The issue is complicated by devolution and the different laws and arrangements which exist in the four nations.

What came out of the meeting was that not only has the Westminster government failed to progress CRPD implementation, but that rights hard fought for by disabled people have been dramatically eroded since 2010 by cuts. This has led us to today’s state of crisis where high numbers of people with learning difficulties and autism are trapped in institutions, there has been a rise in disabled children educated in special schools and the destruction of community support is leading to greater marginalisation and isolation of disabled people.

Following the closed session, deaf and disabled people’s organisations will have the chance to arrange meetings with individual committee members on specific matters such as access to justice, before the committee quizzes the Westminster government representatives on August 23-24. These examination sessions will be open to the public and livestreamed.

Also this week, the CRPD committee heard a follow-up presentation on the specific issues which triggered its inquiry in 2015 which found evidence of grave and systematic violations of disabled people’s rights by the Westminster government due to welfare reform.

These violations were closely related to welfare reform and the devastating and disproportionate impact on disabled people. The investigation carried out by the committee was indepth, involving reading thousands of pages of evidence and reports and a visit to Britain where disability committee members spoke to over 200 disabled people and organisations.

However, the government rejected the findings and dismissed the inquiry report as “patronising and offensive,” questioning the competence of the committee members.

The CRPD committee’s report was leaked to the Daily Mail the day before the US election. The response from the government was dismissive and totally ignored the committee’s conclusions.

One specific demand was for the government to undertake a cumulative impact assessment of the cuts, something that it has consistently refused to do.

This week disabled people had the chance to give a presentation on the worsening of the situation since that inquiry took place and the new cuts and measures that have been introduced withouBrit consultation or by bypassing Parliament and scrutiny — including the cut to personal independence payments brought in at the start of the year that will affect 164,000 people, predominantly those who experience psychological distress.

One major concern that disabled people have is around proposals outlined in the government green paper Work, Health and Disability: Improving Lives.

Its purported aim is to reduce the disability employment gap, but key measures it introduces will extend conditionalities and sanctions to more disabled people, ignoring calls from the National Audit Office to follow up on its initial examination of the impact of sanctions on disabled people, which suggests they actually lower chances for disabled people of finding employment.

For the government, the default position is that all disabled people are able to work, or able to do some work, if given the right incentives and motivation to do.

Using the flawed argument that work is the best way out of poverty, when more and more people in work are getting poorer, the government has devised a regime even more coercive than the previous one, for which impairments are something temporary which can be overcome with willpower and the right mindset. This government is a step away from denying the existence of disability.

Reflecting on the long journey, which has taken disability activists to the United Nations, there is some grounds for optimism.

The inquiry and its outcome mean that disabled people and disability issues can no longer be ignored. Their experiences have been validated by the inquiry’s findings, and the CRPD provides a framework for expressing our grievances and holding the government to account that is missing from domestic legislation. The fight is far from being over, but disabled people have become a vocal and powerful force in Britain.

  • Ellen Clifford is campaigns and policy manager for Inclusion London and Anita Bellows is a Disabled People Against Cuts activist.