Dignity and Opportunity for All:
Securing the rights of disabled people in the austerity era
This report I’ve helped to write for Just Fair has now been published. It analyses the extent to which the UK is meeting its obligations to realise the following rights in relation to disabled people, as set out in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD):
The right to independent living (UNCRPD Article 19)
The right to work (ICESCR Article 6 and UNCRPD Article 27)
The right to fair and just conditions of employment (ICESCR Article 7 and UNCRPD Article 27)
The right to social security (ICESCR Article 9)
The right to social protection (UNCRPD Article 28)
The right to an adequate standard of living (ICESCR Article 11 and UNCRPD Article 28)
Good news! The report on disabled people’s human rights, which I’ve been working on for 6 months, is to be launched on Monday 7 July.
Last November, I was commissioned by Just Fair to produce a report entitled “Dignity and Opportunity for All: Securing the rights of disabled people in the austerity era”, to help fulfil the charity’s aim to increase understanding of economic and social rights and ensure that law, policy and practice comply with the UK’s international human rights obligations. The report analyses the extent to which the UK Government is meeting its obligations to respect, protect and fulfil some key disabled people’s rights, including the rights to independent living, work, social security and an adequate standard of living. These rights are set out in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
The analysis is rigorous and evidence-based, and includes a set of recommendations in relation to social care and social security policies. The report will be submitted to the UN committees that monitor these human rights treaties, in order to influence and inform their conclusions regarding UK compliance.
The report launch will take place in the Thatcher Room, Portcullis House, London SW1A 2LW, on Monday 7 July from 6.30 – 8 pm.
If you would like to attend the launch, please book your ticket online at Eventbrite, not forgetting to book an extra ticket if you need to bring a PA with you. Tickets are available on a first come, first served basis. See you there!
Despite hundreds of consultation responses explaining the devastating impact on people with significant walking difficulties of using 20 metres as the benchmark distance for eligibility for the enhanced mobility component of PIP* and therefore the Motability scheme, the Government has decided, as we suspected they would, to keep the assessment criteria the same. Whilst this is obviously a disappointment, there are several interesting features of the Government’s response to the consultation worth highlighting (although it’s impossible to unpack the whole document in one article). Continue reading →
Miriam’s letter poignantly describes the sorts of battles disabled people face every day in our country… this is our reality:
Dear Mr Cameron
On 16th August 2006 I was judged to be sufficiently disabled to warrant being awarded the higher rate mobility component and lower rate care component of Disability Living Allowance, indefinitely as my condition is not curable. I have severe Peripheral Vascular Disease. I was also in receipt of Incapacity Benefit at that time. Continue reading →
Last night I attended the annual Disabled Motoring UK Awards Evening at the Heritage Motor Museum in Warwickshire, where I had the honour of being presented with the O A Denly Memorial Award for my campaigning work on the mobility component of Personal Independence Payment (PIP), which is replacing Disability Living Allowance (DLA).
This is the press release I’ve put out today on the DWP’s announcement of a new consultation on the mobility component of PIP:
Disability campaigners welcome today’s announcement that the Government will re-consult on the mobility component of Personal Independence Payment, which replaces Disability Living Allowance for working age disabled adults. Organisations and individuals have been campaigning vigorously on this issue since we were shocked to hear, in December last year, that the walking distance criteria for the mobility component, and therefore for assistance from the Motability scheme, had been tightened from 50 metres to 20 metres. Continue reading →
The High Court has today granted permission for a full hearing of the judicial review challenge to the government’s introduction of more stringent qualifying criteria for mobility benefit.
Steven Sumpter can only walk a few metres with a stick and is otherwise dependent on a wheelchair. He was assessed as eligible for the high rate of the mobility component of Disability Living Allowance (DLA) last year and has used this to lease a Motability car. Along with thousands of others, he fears that he may lose this benefit under the new Regulations (1). Under the DLA scheme, a person is entitled to the higher rate if they are ‘unable or virtually unable to walk’. Usually claimants are considered to be virtually unable to walk if they cannot walk more than 50m. Under the new Personal Independence Payment (PIP) scheme, the relevant distance is reduced to 20m.
Karen Ashton from Public Law Solicitors who represents Mr Sumpter said:
“I am very pleased that the court has found that this case deserves a full hearing. The higher rate of mobility benefit can make an extraordinary difference to a disabled person’s life. But the Government failed to mention the reduction to 20m in their consultations and so those who might be affected did not have the chance to put their case and explain how devastating the consequences will be.” Continue reading →
Morris King & Hodge P.C. and other lawyers have announced that they are taking legal action against the Government on behalf of three disabled clients who are challenging the decision by Ian Duncan Smith, the Secretary of State for Work and Pensions, to bring in more stringent measures to qualify for mobility benefit. Continue reading →
Please note: our lawyers have informed us that they have a sufficient number of candidates to take part in the legal challenge and are therefore no longer looking for anyone else. However, if the case is successful, all those who may be affected by the reduction of the walking distance criteria from 50m to 20m will benefit.
I’m beyond exhausted. Since 13 December, when the Social Security (Personal Independence Payment) Regulations 2013 were tabled, I’ve barely stopped. I’m passionate about all ill-advised and incompetent welfare changes that affect disabled and sick people, but I confess I’m even more passionate about this one, as it affects me. I hope that doesn’t shock you; we’re all more motivated by issues that affect us personally, it’s only human.
Once we’d analysed the regulations, it was clear there was some reason to rejoice, but also much to concern us. The positive news was that the Government has decided on a longer, phased implementation period, such that DLA claimants with indefinite awards won’t have to apply for PIP until October 2015 and thereafter – after the next general election. This is obviously a political stunt, dressed up as ‘listening’; it’s clear the Coalition parties don’t want media reports of hundreds of thousands of disabled people losing their Motability vehicles on their watch, so what better idea than to dump it onto the next Government? After all, the likelihood of Labour being willing and able to reform PIP in five short months if they win the election in May 2015 has to be slim. And anyway, that’s of no comfort to the 30% of DLA claimants on time-limited awards who expect to have to apply for PIP before 2015. Continue reading →