Monday, 23 April 2012

Across the pond

We all know that DLA and social care cuts are going to result in more disabled people being institutionalised. When the money to fund independent living is taken away you have no choice but to acquiesce to being banged up. Tonight's Panorama is one of many recent examples of how horrific institutionalisation is. Remember Winterbourne View?

Over here disabled people have almost no support from the mainstream in fighting the cuts that will ultimately result in more people being incarcerated in these places. The media campaign decrying all disabled people as faking scroungers being so pervasive; people are even less likely to stand alongside us than they ever were.

Not so in America.

Today ER star Noah Wyle has been arrested at a disability rights protest in DC organised by ADAPT. They're fighting the proposed cuts to Medicaid; the scheme that funds independent living over there.

Noah Wyle being led away by police with his hands cuffed

Photo tweeted by @NationalADAPT


Wyle is the second ER star to be arrested for protesting in recent weeks. Last month George Clooney was arrested protesting outside the Sudanese embassy in DC. Does anyone have Alex Kingston's number? I ask purely for activism purposes, obviously... *innocent face*

It's both exciting and saddening. Exciting that a Hollywood star is willing to stand up for disabled people's basic right to live outside of an institution. But saddening because you can guarantee that it'd never happen over here.

Edit 24/04/12: Here's a brilliant interview with Wyle in which he explains that: "To institutionalize a disabled American costs four times as much than to give assistance for independent living."

It's the same story here, of course. Disability Rights UK have carried out an impact assessment of the cuts to DLA and found that the costs of cutting the benefit will wipe out any planned savings.

Tuesday, 17 April 2012

Guest post: Personal Independence Payment – The Next Great Welfare Train Crash

This is a guest post from @johnnyvoid and originally appeared here.

Banner with 'cuts kill' painted on in red
Brutality combined with incompetence are becoming the hallmark of the current Tory administration and the plans to abolish Disability Living Allowance (DLA) are riddled with both. The Government is driving ahead with their plans to replace DLA with the new Personal Independent Payment (PIP). The aim of this is to strip benefits from a fifth of disabled people.

This will be achieved by using an independent medical assessment as the key part of the decision making process when considering a claim for the new benefit. That assessment will be carried out by a private company.

We already have an effective model of how the new scheme might operate. The Work Capability Assessment (WCA) is a short computer test carried out by French IT firm Atos which is used to determine eligibility for the out of work sickness and disability benefit Employment Support Allowance. For everyone other the Government and Atos themselves, it has been an unmitigated disaster. The constant assessment and re-assessment regime has driven an increasing number of people to take their own lives. A recent Daily Mirror investigation found that 32 people a week die after being declared ‘fit for work’ by Atos. Around 40% of appeals against Atos’ decisions are successful and the appeals system is in meltdown due to the number of cases being brought.

Despite some tampering around the edges due to a recent review of the process, there are no plans to abolish or significantly reform the WCA. This should serve as a stark warning to people facing the new PIP testing regime. The Government are happy with Atos the way things are. Lots of people are losing their benefits. That was always all they wanted.

The stated agenda of PIP is to remove benefits from 20% of disabled people. All other mealy mouthed attempts at reform are secondary to this. It will be down to the private sector to carry out this cull. In many ways the PIP process will be identical to the WCA. It may yet even be Atos who carry out the assessments.

This will not only prove traumatic for the people forced to undergo demeaning health tests, but will bring devastating social costs. The Government’s plan that “entitlement will depend on the person’s circumstances and the impact of their health condition or disability on their everyday lives” is vague and open to all kinds of interpretation.

How it will be measured in practice is anyone’s guess. Given it’s the private sector who will be carrying out the bulk of the work the answer is likely to be the cheapest way possible. It will be difficult to imagine how, for example, being in full time work can be ignored by any assessment. Under the WCA claimants who have admitted to watching Eastenders have had it used against them as evidence of being ‘fit to work’. It is therefore very likely that having a job will come to be seen as a disqualifying criteria for claiming PIP, if not formally but as a reality of people’s experiences. This may not be the Government’s intention, but in practice it seems unavoidable.

Atos, as well as human rights abusers G4s and private sector sharks Serco, are some of the companies believed to be bidding for the PIP contract. They should be warned it is a thoroughly poisoned chalice. Atos have already seen their reputation destroyed by the WCA, with the name of their company becoming a dirty word. This will seem trivial should they take on the PIP Assessments.

DLA is a non means tested benefit designed to help people meet the additional costs of disability or ill health. In many ways it should be seen as an adjunct to the NHS rather than a benefit comparable to those paid to people unable to work. DLA is used for things like additional transportation costs, specialist equipment or personal care. For many working disabled people these things are essential to help them remain in work. As Disability Rights UK have recently pointed out (PDF), the removal of DLA from over half a million people may drive many into unemployment.

People currently claiming DLA include doctors, lawyers, journalists and MPs. Whilst those claiming out of work benefits are by their very nature economically disempowered (in that they don’t have jobs and are forced into the poverty of the benefits system) many DLA claimants are highly skilled professionals. We could face the unedifying spectacle of Doctors having their health and disability needs assessed by the two bit NHS rejects at Atos. Disabled legal professionals may yet be forced into the appeals system and are likely to prove ferocious. Any company which takes on the PIP contract will face unprecedented resistance at grass roots level, from people in some cases far more qualified than their own assessors. It will be doctors, lawyers and journalists lining up alongside benefit claimants to take action against the companies concerned.

Imagine becoming public enemy number for not just the three million plus DLA claimants, but their friends, families and carers. People with many more skills and resources to fight than those on out of work benefits. Every mistake, appeal or careless remark by an assessor will be scrutinised. Assessment centres and other business sites could find themselves thronged with disabled protesters. An avalanche of legal challenges seems almost inevitable.

It is possible that on the ground a two tier process will develop. Disabled doctors and lawyers may be informally waved through the process in the hope they won’t make too much fuss. Can we honestly believe that David Blunkett or a Paralympian Gold Medal winner will face the same kind of scrutiny as an out of work disabled single mum living on a Council Estate?

The alternative is that the PIP assessment will become an unofficial ‘means test’. Those in work, or able to lead more active lives, may find themselves punished as any sign of independence is used against them. However the upcoming farce plays out it will prove catastrophic not just for disabled people themselves but for the wider credibility of the system.

As we have seen under the WCA regime, there will be more suicides, more appeals and more people having conditions made worse by the stress of endless testing. The Government says that only in very few cases will PIP be awarded for life. This will mean for example, that people who may have lost a limb will be forced back to continual re-assessments, presumably to check it hasn’t sneakily grown back.

Despite lurid headlines DLA is not an easy benefit to qualify for. A wealth of medical information is required, from GPs, consultants and other health professionals. As with the WCA, this is likely to become secondary to the short assessments carried out by private companies. As more disabled people are forced into poverty it will be down to Local Authorities and the NHS to pick up the slack. Just like so much of this Government’s Welfare Reform, it may yet cost more money to go down this road than simply leaving things as they are.

The Government are currently consulting on the changes and you can make your feelings heard here. If past consultations are anything to go by then don’t expect them to listen. The over privileged tory toffs have made their intentions well and truly clear. Don’t think that this scum will shed any tears for those driven into poverty or even suicide by these changes. As Maria Miller, the Minister for Disabled People has already said, the cost of disabled people is simply ‘unsustainable’. That tells us everything we need to know about this Government’s attitudes towards sickness and disability.

Join the growing protests against Welfare Reform including action called in Central London by Disabled People Against Cuts on the 18th April (tomorrow!).

Friday, 13 April 2012

PIP Survey - Can you Help?

The wonderful Sam Barnett-Cormack and wearespartacus.org.uk have designed this survey to help them put together an official Spartacus response to the PIP consultation.

We'd be REALLY grateful if you could spare a few minutes to take part. The more people that reply, the more reliable the results will be.

We don't feel that we should speak for you - but would love to base our response on what YOU think and need.

Thank you so much.

SURVEY

Tuesday, 10 April 2012

Guest post: When "the vulnerable" have everything to fear

This is a guest post from @Spoonydoc and originally appeared here.

Many disabled people are currently living in fear since the welfare reform bill became law. Some benefits are due to be replaced with stringent new criteria which mean that many disabled people will no longer qualify for support. With social services cutbacks many will be left with no help whatsoever.

I am not quite in that position. I am among what the government likes to call "the most vulnerable". Currently in receipt of the highest levels of disability benefits and having easily passed the new dreaded draconian Work Capability Assessment I am in the support group of what is called ESA and am not expected to be able to work again. Having seen the criteria for the new benefits it is clear that even being as harsh as possible, I should easily qualify for the highest rates of these too.

With the government having promised that the reforms will see more support diverted to the "most vulnerable in our society", you would therefore think I have nothing to fear.

You couldn't be more wrong.

I currently live independently.
As I live alone I receive an extra payment called SDP (severe disability payment) which helps cover the extra costs of care and disability.
However a large portion of this and my other benefits goes to social services and in return I receive direct payments, money with which I employ carers to help me with every day tasks such as getting dressed, washed, eating, shopping, etc.
My LHA (Local Housing Allowance) is upgraded to a 2 bedroom rate so that carers or family can stay when my illness is so bad that someone needs to stay overnight.
My flat was adapted 8 years ago so that it is wheelchair friendly.

When the changes start coming in next year, all this will go.

a) SDP is being abolished completely.
b) The 2 bedroom allowance is no longer guaranteed.
c) I will continue to have to pay most of my benefits towards my care. I cannot manage without it.

I calculate that I will be around £80 per week worse off (around half from SDP and half from LHA).
At first I might be ok. Apparently there will be a transitional protection as far as SDP goes, which means I will only be £40 worse off and might be able to get that together somehow. As time goes on however, that will be eroded by inflation and benefit freezes.

The second big issue is : I cannot manage without a second bedroom.
Even if I could, there are no wheelchair friendly 1 bedroom flats available for rent privately (I've been looking). As far as social housing goes there is little wheelchair accessible housing available and in any case I am not allowed a bungalow until I am 50, ie in 17 years time!

So I either have to go into non wheelchair accessible accommodation without provision for my carer or go bankrupt!

The only other solution is for me to go into a care home at the ripe old age of 35. Ironically this will cost far more than if I were to stay put and continued to be paid benefits.

Before the election David Cameron said "If you are sick, disabled, frail, vulnerable, or the poorest in society you have nothing to fear."

Sir, please look me in the eye and say that now.

Thursday, 5 April 2012

32 deaths a week.

I haven't been able to write here for a while. After the Welfare Reform Bill came into law it has all felt a bit pointless. I felt helpless, that all was lost.

Whether or not that is the case remains to be seen, but I've been prompted back into action after seeing this story: 32 die a week after failing test for new incapacity benefit.

32 people every week.
We've used the Freedom of Information Act to discover that, between January and August last year, 1,100 claimants died after they were put in the "work-related activity group".

This group - which accounted for 21% of all claimants at the last count - get a lower rate of benefit for one year and are expected to go out and find work. [...]

We don't know how many people died after being found "fit to work", the third group, as that information was "not available".

But we have also found that 1,600 people died before their assessment had been completed.
Go and read the whole thing, and kick up a fuss, put this to the top of everybody's agenda. It can't go on.

Tell Me Lies, Tell Me Sweet Little Lies #esa #wrb #nogobritain

It all sounded such a positive idea; reform Incapacity Benefit by introducing Employment Support Allowance to ensure those who are too sick or disabled to ever work receive life long financial support, those who could do some work with the right support get that support, and those who've been 'gaming' the system get kicked off the benefit. What's not to like about that? Those in need of protection get it, those in need of support to work receive it and the 'drains on society' drain jobseekers allowance instead of sickness benefit so hard working tax payers can rest easy knowing their money is going to the right place. It's such a lovely idea that its impossible to argue against. It's why welfare campaigners have had such an uphill struggle to explain to the public that the "I don't mean people like you" they always exclude from benefit scrounging justifications are actually almost all "people like me" and not the amorphous drain on society type that everyone knows exists...until you actually ask them to name just one person they know and head scratching ensues.

Support for the genuinely sick or disabled is so entrenched in British thinking that it doesn't get questioned until people are in that position themselves and discover that at the time they are most vulnerable those nice little bungalows and free cars they thought would be there to enablee the practicalities of life never really existed. It's why slashing welfare can be done on the premise that it won't affect 'people like me', because until you don't know any better you'd assume people like me are getting all they need to support their ill health or disability.

We've had 18 years of laws the government insist make Britain accessible to disabled people, laws now being used to justify removing financial benefits designed to help us pay for those access needs. Laws which have seen great progress but that are so poorly enforced that a Baroness found herself needing to crawl off a train dragging her wheelchair and a famous yachtsman told he could not travel on a train because "those things will damage the floors".

Against that background of promises to always protect the most vulnerable its proved impossible to explain to the public that the welfare cuts are disproportionately falling upon sick and disabled people. Impossible to demonstrate that this was in fact a giant exercise in simply redefining what to be sick or disabled means, whilst the media floundered around struggling to understand the different names of benefits, what they are for, let alone what losing that support might mean. As campaigners, we always knew what that would mean was being unable to alert the public to the long term human consequences of this until after the changes became law and enough time had passed to collect evidence of what happens to people.

That evidence is still at best patchy, and will gradually emerge over the next 18 months as the tribunal service struggle to process soaring number of appeals against denial of benefit. It will continue to be obscured by the confusion between responsibility caused by outsourcing the medical testing part of the system to a private company not known for their competency, leaving the final decision with an administrative employee of the Department of Work and Pensions and the appeals process by another arm of the civil service. A private company who have failed to provide adequate access to examination centres, failed to inject any humanity into their working processes, frequently failed to acheive the required standards for those working processes but been astonishingly successful in obscuring the true heart of this problem, the deliberate redefinition of sickness and disability designed by the Department of Work and Pensions.

Because, really that's the key to this issue. And slowly, but surely now the evidence will start to emerge that these cuts are very much targeted upon 'people like me', people like the mum with a fractured spine who's lost her adapted mobility car, the mum who used to be a nurse, but now recovering from breast cancer complicated by severe osteoporosis declared fit for work, or the 1100 people who died last year after being found fit for some work and put in the Work Related Activity Group. That's the same group of people now receiving letters to inform them the benefit they believed they'd paid for all their working lives is now being time limited retrospectively if their partner earns more than £7500 a year. These ARE people like me, and when life brings the events we all most instinctively fear they will also be people like you.

So as the government continue to tell their sweet little lies, remember that one day "people like you" will become "people like me", the people you so wanted to believe were somehow so different from you they could be excised from conscience with clever words and promises to protect.

Monday, 2 April 2012

♫...Let me take you by the hand and lead you through the streets of London; I'll show you something to make you change your mind. ...♫

Visit any American city and it's unlikely you'll get to the end of your first day before you've seen a rough-sleeping wheelchair user. Most seem to sleep in that awkward contorted position usually reserved for trying to sleep on a plane, though I have seen people try and achieve some semblance of horizontalness by laying with their head and upper torso on their chair seat and their butt and legs on a bench or low wall. That's the wheelchair users that haven't had their legs blown off in service of their country, of course. I'm assuming that if you laid down on the floor to sleep in a doorway that your essential mobility aid wouldn't still be next to you in the morning.

The first time I went to America it really shocked me. I'd never seen a wheelchair user sleeping rough in the UK. My parents explained that it's because our health service and welfare state were less brutal than there and we don't tend to leave wheelchair users destitute. I was 11 when I went on that trip and the only thing I'd known was Thatcherism: She was elected as PM 13 days before I was born and in October 1990 when I left this island for the first time she was still a month short of handing the reins over to Major.

Our system has always failed people with mental health and substance abuse problems and they make up a significant proportion of our rough sleepers. Wheelchair users aren't immune from ending up without a home to call their own - especially down to the fact that accessible housing is in such short supply - but we tend to end up as hidden homeless rather than living on the streets.

For 21 years since that first trip to America it remained the case that I never saw a wheelchair user sleeping rough in Britain.

As more and more applications for disability benefits are turned down disabled people are finding it increasingly hard to make ends meet. Things will get worse in the near future when people in WRAG claiming cESA start to lose their income, and yet worse still in little over a year when half a million genuinely disabled people lose their DLA.

The fact that cuts are already starting to bite can be seen on the streets of London: Over the last few months I've seen 3 different wheelchair users hunkering down for the night on the streets of my city.

Welcome to compassionate Conservatism: Even more brutal than Thatcher.

Friday, 23 March 2012

Budget 2012: the disabled marginalised yet again, with worse to come?

Yesterday's budget contained a kick in the teeth for disabled people, quickly followed by a punch in the face.

The Chancellor's retreat on child benefit, moving the threshold for ineligibility from those earning over £43,000 to those earning over £60,000, was a bare-faced example of the Government looking after its own voters. When the planned benefit cut was announced last year there were howls of outrage amongst higher rate earners, and the Tories, mindful an election has to be fought in perhaps two years time, decided to try and save their own skins.

How is this relevant to disabled people?

When the recent Welfare reform Bill passed through the House of Lords, three defeats were enacted on the Government as the Lords chose to make changes that they believed would safe-guard some of the most sick and disabled in the country. One of those changes was to extend the length of time that people on contributory-based Employment Support Allowance could claim the benefit. The Government proposed that those people place in the Working Capability Group of ESA (so claimants who are too ill to work but should be able to in the future) could only claim the benefit for a year. The Lords voted to extend this to two years to ensure that people had enough time to get better before being forced into work. Macmillan cancer support for example argued that annually 7.000 cancer patients, routinely placed in the Working group of ESA, take longer than 12 months to recover.

Although the Lords followed due democratic process to enact these changes, they have not come into force. The Government used 'financial privilege' to block these amendments. In short, MPs cried "Sorry, no money!" and did so in a way that has seen no precedent.

But suddenly come budget day, the Government discovered a stash of cash to save the child benefit of higher rate tax-payers, those who are doing ok in life, and yet still no money to extend ESA for those who are too sick to work through no fault of their own. More worryingly for democracy, the Government places greater value on the opinion of its voters then on the democratic process of a Bill being passed into law.

The second fear hidden in the budget was Osborne's casual mention that Ian Duncan Smith would have to find a further £10 billion of welfare cuts on top of the £18 billion already slashed from these bills. The biggest slice of welfare is spent on old age - with today's vicious headlines about a granny tax I can't see the Government making any further cuts to pensioners. Child benefit cuts now seem completely off the table, a decision that Ian Duncan Smith may come to resent Osborne for as he frantically tries to cut £10 billion.

So where can more cuts be found? Housing benefit perhaps, childcare credits even, but a clear forerunner would be disability benefits. Disability Living Allowance is already scheduled to be scrapped next year, and replaced by Personal Independence Payments (PIP). In the Government's last spending review it arbitrarily decided to cut recipients of PIP by 20%, before it had even decided the criteria for eligibility or assessed the needs of a single disabled person.

What's the betting that in the next spending review the Government decides to save 25% or even 30% from the PIP bill? I, for one, am very worried.

As first published on nhsbuff

Monday, 19 March 2012

The Government’s disability strategy out of touch with the reality of cuts

Earlier this month the Government ended its consultation period asking disabled people to help develop its disability strategy. Maria Miller, minister for disabled people, has said that: “The Government is committed to enabling disabled people to fulfil their potential and have the opportunity to play a full role in their community”. But in reality it is clear that the Government lacks any cohesive policy that will enable this to happen.

In the last three years 31 people have died while awaiting appeals against Employment and Support Allowance (ESA) medicals that had found them fit to work. At their most vulnerable, the sick and disabled were left worrying to the day they died about how they and their family would cope financially while their illness was slowly killing them. Society should be in uproar that people in dire need turned to the state for help and were failed by it, but instead media and Government debate focuses on disabled ‘scroungers’, further isolating the disabled from their communities.

Yet while it could be argued in the case of ESA that Government incompetence is forcing disabled people into hardship, the same cannot be said for Personal Independence Payments (PIP), the new benefit that is replacing Disability Living Allowance (DLA). Under PIP eligibility rules, even if you cannot walk more than 50 metres and need a wheelchair to get about for any longer distances, a disabled person still won’t be eligible for higher rate mobility – which in short means they will most likely lose access to a car through the motability scheme and the freedom such a vehicle gives them that their body cannot.

By cold-hearted design, these ‘independence payments’ will in fact take independence away from severely disabled people and force them to remain in their homes. No wonder Lady Grey-Thompson, speaking to the Guardian last month, said: “I worry that it is going to become the way it was when I was young where you just didn’t see disabled people on the street because they were locked away.”

These aren’t the only cuts aimed at disabled people. The Department of Work and Pensions’ own analysis into the housing benefit reforms states that 450,000 disabled people will face cuts to their allowance under new rules. 78,000 disabled people who use legal aid to appeal against decisions to deny them benefit will lose this support under Ken Clarke’s reforms. The Independent Living Fund (ILF) has been entirely closed to new claimants and by 2015 payments to the 21,000 severely disabled people it helps will cease. Tax credits to help with the extra costs of raising a disabled child will be cut from a maximum of £54 a week to £27 a week under Ian Duncan Smith’s Universal Credit changes – cuts that the Children’s Society says will see some families with disabled offspring £1,400 worse off a year. According to a Government Select Committee on Health, nearly two thirds of local authorities in England have reduced their disabled and adult social care budgets. As such councils have drastically altered their criteria for providing care to disabled adults, leaving many people unable to wash and dress themselves properly isolated in their own filth as they are not disabled enough to qualify for care.

These cuts will severely curtail disabled people’s ability to “fulfil their potential”. PIP will actually remove independence from disabled people, the scrapping of ILF will see disabled people condemned to care homes, decisions to limit ESA to one year, leaving 7000 cancer patients without any financial support while they are still too unwell to work, will only help in moving disabled people into poverty, not into the workplace. Cuts to legal aid will take away their voice, housing benefit remove them from often supportive communities and homes that are specially adapted for their needs. Harsh reductions in social care budgets will see people stuck in hospital for longer periods of time as they cannot be discharged into communities because they lack provision for their basic care. Disabled people were already twice as likely to be living in poverty than others before these cuts were imposed: no wonder disabled people up and down the country are scared stiff of these ‘reforms’.

The Government’s consultation document, entitled ‘Fulfilling potential’, makes specific mention of “tackling discrimination” towards disabled people and “promoting positive attitudes”. Yet charities have directly linked a rise in disabled abuse with the increasing rhetoric from Government ministers that disabled people are scrounging off society.

So bad has the Government’s attitude become that disability groups are now questioning whether they can continue to work with it on shaping further welfare reforms.

By the end of this parliament, if all these cuts are implemented, far from disabled people fulfilling their potential, the Coalition would instead have successfully reversed twenty years of advances made in helping the disabled play a valued and active part in society. Shame on all MPs if that is their intention. And if it isn’t, then the Government must wake up to the impact of these cuts, ban negative ministerial rhetoric linking the disabled with ‘scroungers’ and honour its supposed desire to develop policies that give back respect and support to some of the most vulnerable people in society.

Previously published on the blog nhsbuff (apologies for the slow cross posting - illness took my eye off the ball)

Sunday, 18 March 2012

Happy Mother's Day


"Another Brown Envelope arrived today. It's clearly marked from the Department. My neighbours might have seen, but I think I got it in time. It told me I cost too much. They're stopping my money next month. I am a Useless Eater. What will become of me?

They "assessed" me. Forced me to strip, made me touch my toes. It hurt, pain ripping through me. He never looked at me, said the pain didn't matter. He asked if I ever watched the TV. I didn't know how to answer? Was this a new trick? There have been so many. I nodded. He spat the question again "Answer me please". I said I did. The room was small, airless, cameras watched from every angle, moving as I tried to move. Grills at the windows. Grills at the doors. One time, I had to climb a flight of stairs. When I couldn't they stopped my money.

That brown envelope said I could work. They have work programmes now. We work for free, they make us. I don't know when it will end - perhaps it won't You can see my ribs, count them as I bend to reach the lowest shelves. I ate on Monday. Or was it Tuesday? I forget. The Minister said work frees us.

The letters. The endless brown envelopes, The logo makes my heart beat faster. I feel sick, terrified to open each one. The lawyers write to me, the advisers, the courts, the Department, the Providers. I don't understand them all but they never stop, they keep writing until you give up, until you are too worn down.

I saw a paper today. I didn't mean to. There, on the front page, the Department caught someone like me Outside. What was she thinking? Fool. She must have got the new directive? She must know we are not welcome Outside now? Perhaps she stopped opening the Brown Envelopes. I tried that once, but they sent someone to my house. Said I'd get no money at all for 2 weeks. The food ran out after 4 days. I always open the Brown Envelopes now. Eventually.

The paper called us cheats again. Scroungers, shirkers, we are "mugging the state". Every day, there on the front page. They print a telephone number. They get people to call it if they suspect a Useless Eater. Neighbours must report us now. The Department can follow you, take pictures, go through your bins. Check your bank accounts.

They say we're getting ID cards now. They'll list our defects. We must produce them if anyone asks. If a snarling, sneering bulldog of a man attacks me in the street, I must show him my card. The Department said it would make them stop, but sometimes it just makes the beating worse. Sometimes more join in when they see my Useless Eater ID. Another reason not to risk Outside.

I used to use a wheelchair, but it broke and the Department said I couldn't have another. Just as well I suppose. It makes things Outside worse. They said we couldn't afford it. I have to use nappies if I can't get to the toilet now, now one comes to help me get there any more. I live in one room now, use the walls and furniture to get about. It's easier, and saves on heating. The pills are in the drawer. I pretended to take them, but saved them up. The woman who came to change my bed and give me a bath used to make sure I took them, but she doesn't come any more. The Department say I don't need to wash below my waist. I've got lots of pills now. I think I've got enough.

The Department say I have to move. Well, I only use one room now anyway. There aren't many places Useless Eaters like me can go these days. Just the area beyond the river, on the edge of town, where it's cheaper. There are lots of us there. You can tell, because the curtains stay drawn. There is no bus. Another Department stopped them. It's far from the hospital now they've closed the one I used to go to. They stopped my drugs too, but it's OK, because I've got mine, safe in the drawer. They said it wouldn't apply to us, but it does.

I wonder where it will all end? I can't possibly imagine. Can't imagine things getting worse than they are now. I heard that some tried to protest, took to the streets! Outside! All around the world, they say! The police sprayed gas in their faces, hurled them back withwater cannon. Closed their internet sites down so they couldn't tell anyone. Arrested some. One got dragged backwards, tipped out of his wheelchair . I suppose that's why no-one really knows what is happening to us. I suppose they couldn't do all this if they did? Could they?

Where will it end? Will it end?

Monday, 12 March 2012

Workfare: Privacy? What Right to Privacy?

One of the comments on my piece on Workfare, the DWP and Duty of Care raised a further alarming prospect, that DWP believe their right to impose Workfare takes precedence over a disabled person's legal right to privacy regarding their medical records.

The comment pointed out that a FOI request at the 'What do they Know' site contains the following statement by DWP:

Section 3 of the Social Security Act 1998 allows DWP to reuse personal information relating to social security and employment and training for another social security function. This includes reuse by persons providing services to DWP, such as Work Programme providers, where acting as the DWP's data processor.

In addition,
in order to carry out their functions under the Employment, Skills and Enterprise Scheme, the Work Programme provider may need additional personal information from the claimant. If the claimant does not wish to provide this information it may be the case that, with the provider, they can investigate ways in which they can still participate in the Scheme,  without the additional information being provided.

However, there may
come a point when the Work Programme provider becomes concerned that the claimant’s withholding of information potentially amounts to non-participation in the Scheme. If this is the case, they will refer the matter to a decision maker who will consider all the facts of the case, including any good cause issues the claimant wishes to raise, and determine whether the claimant has failed to participate. If the decision maker considers that the claimant has failed to participate, their benefit will be sanctioned.


Now the first paragraph is disturbing enough, but clearly falls within the legal powers granted to DWP, however the second and third paragraphs are particularly troubling, both in general and specifically for disabled people, as they seem to show the DWP taking the position that they can insist that any information they feel relevant is provided under threat of sanction, even where that insistence is counter to a disabled person's rights under the Equality and Data Protection Acts..


A disabled person when considering an employment position is forced into the iniquitous position of having to decide whether or not to reveal their disability. Declare your disability and you have the protection of the Equality Act when requesting a reasonable adjustment, but declaring your disability also opens you to the threat of discrimination. Equally there may be considerable privacy issues wrapped up in information that could be relevant to Duty of Care issues, as examples mental health issues, continence and epilepsy all draw considerable negative opinions, if not outright discrimination, in contemporary society.

When we face a new job, disabled people face a whole additional set of decisions over and above non-disabled people: do we declare, if we do declare, then how much of the extent of our disability do we declare, and how widely do we allow that knowledge to be spread. The Equality Act and the Disability Discrimination Act before it provide specific protections for disabled people, we cannot be penalised for not declaring (though we have to declare to make the reasonable adjustment provisions enforceable) and we can insist that the details of our disability are not spread to people other than those we declare to. So for instance, I could declare my disability to HR, but insist that my line managers are told nothing more than that I am disabled and can legally request reasonable adjustments. If those provisions are breached. particularly in instances where that data is passed to other organisations entirely, then I can bring legal action against my employer for violations of both the Equality Act and the Data Protection Act.

The DWP statement above appears to attempt to subvert those rights, by stating that they can insist that information is provided to the Workfare provider, no matter that the Equality Act gives disabled people a right in law to insist that it is not, no matter that the Workfare provider is not an employer in any normal sense. Given the overwhelming disablism in recruitment decisions that disabled people face, forcing people to reveal details of their disabilities is actually going to undermine any chance of them getting a job out of the mandated assignment, the overwhelming advice from recruitment consultants is not to reveal disability until you have the written offer of a full time job in your hand. So DWP are actually shooting the whole point of the exercise in the foot by forcing declaration of disability. Worse than this, however, is the way it tramples over the right of disabled people to maintain privacy around the details of their disability. If I am being forced against my will into some utterly inappropriate position,  with an utterly inappropriate company, a company whose data protection measures I have no confidence in and with whom I have no hope of a job at the end of it (and we've seen plenty of those reportedly involved with Workfare), then there is no way that I am willing to provide them with the full details of my disability, and I will be far from the only disabled person to feel that way. It will particularly be a problem for people with Mental Health issues, who are likely to be particularly frightened of being forced to declare details of their disability, and where there is already considerable evidence of them being deliberately targeted as 'an easy mark' for sanctions by JCP staff.

Workfare alone is bad enough, but to combine it with an contempt for the right to privacy of the people with most to lose from privacy and data protection violations, and to do so in apparent contempt for the protections granted by the Equality Act and the Data Protection Act, suggests that this is just one more piece of evidence that DWP consider themselves above such menial issues as the law, particularly laws relating to equality and discrimination.

Friday, 9 March 2012

Workfare: DWP Don't Care....

A recent Freedom of Information request seems to raise huge concerns over whether the Department of Work and Pensions accept that they have a legal Duty of Care with respect to benefit claimants forced onto mandatory Workfare placements. With DWP intent on implementing new policies which will see disabled people in the ESA WRAG being forced onto indefinite mandatory Workfare placements under threat of sanctions, never mind all of the complexity, risk and privacy concerns that disability adds to the existing Workfare farrago, this is obviously hugely concerning.

The DWP have apparently stated "If however, a work placement is considered appropriate then the responsibilities of the individual, the provider and the organisation accepting the placement must be discussed and made clear (including liability)." and pointed their respondent at the generic guidelines for workfare, which state "All participants involved in any way with DWP Provision are entitled to train and work in a healthy and safe environment with due regard to their welfare. Under Health and Safety Law they are regarded as your employees, whether they are paid by you or not. You must, therefore, comply with your Duty of Care under the Health and Safety at Work Act 1974 and the Act’s associated regulations in the same way as you would do for any other member of your workforce"

This may seem quite responsible on the surface, however the implications are anything but. The Workfare situation is an unusual one, in which people are being forced to work by (or is it 'for'?) a government agency, the DWP, at a private contractors, while the DWP pay them benefits - which of course amounts to people being forced, under threat of having their benefits stopped entirely for anything up to three years, to work for less than the national minimum wage. Under normal circumstances the person paying your wages would be considered your employer, no matter where you were working. So if I work for Company A, but they send me to work at Company B, then both Company A and Company B would have a Duty of Care towards me, Company A because I am their employee and they have a legal responsibility to ensure that I am not exposed to unnecessary risk wherever I am, and Company B because they have a similar responsibility towards anyone on their premises. Yet DWP seem to be denying that they have the Duty of Care towards me that would normally descend from me being their employee. They also seem to be insisting on a process which would require the disabled person to fully reveal details of their disability to a company they are being forced to work for, in order to allow a risk assessment, no matter the privacy concerns of forcing someone to reveal full details of disability to an organisation for whom they not an employee.

This would be worrying enough for anyone in any circumstances, but for a disabled person dealing with the DWP it is a recipe ripe for disaster. The Workfare process involves someone, either from Job Centre Plus or one of their providers, such as the much castigated A4e (facing two more probes for fraud just this week), deciding that the benefit claimant would be helped by a work placement - or at least that is the spin on it, there is a considerable body of evidence pointing at JCP and contractors like A4e being very heavily target-driven, with JCP employees under massive pressure from management to hit targets such as number of people sanctioned per week, which whistleblowers have revealed means they are driven to target people with intellectual and mental disabilities as 'easy marks'. Now extend that pattern of behaviour to Workfare, and we will undoubtedly see large numbers of disabled people being forced onto Workfare not because it is in their interest, or appropriate for their disability, but because the JCP employee will be bawled out by their manager if she doesn't mandate another dozen crips before the end of the week, or because the training agency employee will miss a bonus if their figures aren't better than the rest of the office's...

I've dealt with JCP Disability Employment Advisors and training agency employees from the benefit claimant's position, a more clueless bunch of people about disability employment it would be difficult to imagine. The JCP staff persistently pushed the boundaries of what my disability allowed me to do, if I could do something for 10 minutes, they would write down 30, and then persistently try to undermine that at every other meeting. The training agency people (once I'd climbed the rickety outside staircase to their office - god help me if I'd arrived with a wheelchair not crutches....) knew so little about privacy and data protection that they saw nothing wrong in asking me to discuss the intimitate details of my disability while the gentleman sat immediately behind me was discussing his drug problem. Do either of these sound like organisations likely to give the necessary weight to the complexities of disability, or to their Duty of Care - especially if they seem to believe that Duty of Care doesn't apply in the first place?

When I was working I regularly ended up curled up in pain on the office floor because of my inability to sit for extended periods, Duty of Care can potentially be something as basic as recognising that someone cannot even sit at a desk, but how much recognition and understanding are we going to see when showing those may mean a bollocking in the manager's office, or a missed bonus? And if basic physical constraints are so readily targetted for undermining, what chance does someone with complex mental health issues have.

I thought this was scary when it was just the prospect of DEAs or A4e employees mandating disabled people onto indefinite Workfare assignments under threat of sanction, but if they don't even think they have a Duty of Care towards us....

Wednesday, 29 February 2012

Sanctions removed from work experience - but only a small victory

The government today caved in to bad publicity and agreed to remove the possibility of sanctions from those who refuse to take part in the work experience scheme. Those guilty of gross misconduct may still be sanctioned with removal of benefits.

However, a DWP spokesperson confirmed this afternoon that it is only the work experience scheme which is affected by this change. Those on the work programme, which is run by third party providers such as the disgraced A4e, may still face sanctions if they do not cooperate with the programme. As detailed in the previous article on this site, it is mandatory to attend the work programme after a set amount of time receiving Job Seekers Allowance or Employment Support Allowance. The DWP spokesperson pointed out that the work programme provides much more than just work experience placements and referral to the programme does not necessarily mean undertaking work experience.

I also raised the issue of those who are receiving ESA and placed in the work related activity group being referred to the work programme and possibly for work experience. This is problematic since at the current time many people overturn the decision to place them in the WRAG on appeal and appeals can take a year in many cases so that people who are not fit for the work programme, never mind fit for work might be sent for work experience. The spokesperson did point out that people can present evidence and ask for a reconsideration before going for an appeal, although since at least 40% of those who appeal their decision go on to overturn it I do not think this is enough to ensure that everyone on the work programme is physically and mentally up to the task.

As it stands then, the removal of sanctions from the work experience scheme is a minor victory but the danger is that it will convince the public that all is well once more and the anger over people being made to work without pay may cool. Jobseekers and sick people can still be referred to the work programme where companies such as A4e can send people to do unpaid work experience or face loss of benefits. In the case of those who recieve ESA there is no limit to the length of time they may be made to work without pay.

Wednesday, 22 February 2012

Meanwhile in "faker rhetoric fuels abuse" news...

Two tweets and one news article from this morning alone:



Young disabled stay silent over hate crimes - Crime - UK - The Independent including case study of one woman who was grabbed by the hair for having not "looked disabled" in her school days. Which would imply that her attackers presumed that she was faking now.

Saturday, 18 February 2012

Emergency Meeting: Organising Against the Welfare Reform Bill

Via Claire from Winvisible:

Monday 20 Feb 5pm-6.30pm at Tent City University, Occupy London, St Paul’s
London EC4M 8AD
All welcome
Buses 4, 11, 15, 23, 25, 26, 100, 242
Tube: St Paul’s, Central Line
Overground: City Thameslink

This is outdoors, so dress warm. Hot drinks available and accessible loos nearby.
For more info: Global Women’s Strike gws@globalwomenstrike.net
020 7482 2496 , 07904 255 145

Short and Sweet Truth


A screenshot of a tweet by @stavvers, reading, "Imagine being diagnosed with terminal cancer, facing a humiliating series of tests then being told you have to work for free in Tesco."

It just about sums it up.

Friday, 17 February 2012

Shocked headline as fat disabled woman has fun

Obese woman demanding 50 hours care a week 'went to pop concert', screams the Telegraph. Obese? Disabled? Had a night out? This is surely an outrage to all common decency! Nobody who is fat should have fun, especially not if they are mentally ill and fat. Never mind that a good night out could have made this woman feel a bit better. Never mind that it might have been her first night out in years. Her weight and her mental illness make it an indisputably horrifying thing to have done, according to the paper.

When the paper reports that she is 'demanding 50 hours a week care', what it means is that she previously received care through Direct Payments, which has now been withdrawn and she is appealing for it to be reinstated.

Reading the article, despite the numerous mentions of her 'morbid obesity', none of her reported care needs relate to her weight at all. All of these references serve simply to stir up prejudiced feelings about this woman, to build up the readers' outrage.

The paper reports that she has been diagnosed with a personality disorder, following traumas and bereavements, and her psychiatrist has decided that she should 'break her reliance on the support of others'. This happens to a lot of people with personality disorders, in particular female survivors diagnosed with borderline personality disorder. Mental health services commonly do not like treating people diagnosed with BPD, or services diagnose people with BPD when they do not like them - either or both are commonly true. It is not known as the 'wastebucket diagnosis' for nothing.

This does not mean that people with personality disorders do not require support. The council, in court, argued that because she can play computer games, buy cigarettes and go to a pop concert, she should have all her care withdrawn, despite evidence that in the past she went for months on end without washing, due to a massive fear about bathing without somebody there.

The Telegraph then offers a poll. A poll! So that readers can vote on whether they think this woman's care needs should be provided for.

As if constant, irrelevant references to this woman's weight, and scare quotes when describing things like her "extreme paranoia" and "lack of motivation", mocking her all the way through - a woman who already has mental health problems - as if all of that was not enough, let's allow the public to vote on what they think her future should be.

The Daily Telegraph have humiliated a vulnerable woman for committing the sins of being fat (many people on certain psychiatric drugs are, it's a significant side-effect), for having suffered trauma in her past, and for going to see The Wanted in concert, whoever they are. Their ridiculous poll adds insult to injury, and I just hope the woman in question never reads it.

This post originally appeared at The F-Word

[The image is a photograph of a warning sign reading "Caution Do not play on, in, or around this container". It was taken by Brittney Bush Bollay and is used under a Creative Commons Licence]

The Magical Thinking at DWP Gets Worse

In my earlier piece on Magical Thinking, I said that it was clear that DWP didn't have the faintest understanding of long-term disability, and were basing their policy on their lack of understanding.

Just how bad that lack of understanding is became chillingly clear in an article in the Guardian on Thursday. The article reports that in a meeting with disability groups in December, DWP announced that it intended to extend a Workfare-like scheme to disabled people. Under Workfare, unemployed people can be forced to take 30 hours a week of unpaid work experience for 8 weeks, or even 6 months in some cases, with the threat of being sanctioned and their benefit withdrawn if they do not comply. Workfare is already under severe fire from many unions and campaigning groups who view it as akin to slave labour, with people effectively working for far less than the minimum wage and jobs effectively taken permanently out of the marketplace as companies like Poundland, Asda, Tesco, Argos and others just take one Workfare assignee after another. Public pressure has already forced several companies, such as Sainsbury's and Waterstones, to withdraw from the scheme.

For disabled people the potential of Workfare alone would be bad enough, but when asked about time limits on the disability scheme, a DWP official said "There are no plans to introduce a maximum time limit." and also made it clear that sanctions would be applied to force people onto the scheme, or punish them if they refused: "Ministers strongly feel there is a link-up to support those moving close to the labour market, and the individual's responsibility to engage with the support. Ministers feel sanctions are an incentive for people to comply with their responsibility."

The scheme will be targeted at people in the ESA WRAG, which includes people with long term disabilities which are severe enough to mean they are not currently capable of work, but are expected to potentially be capable at some point in the future. As I made clear in my earlier article, that 'potentially' means 'might become capable', not 'will become capable' and for many people we are looking at years not decades of them being unfit for work. Unfortunately DWP are sticking their head in the sand in an attempt to deny the reality of disability and replace that reality with magical thinking in which we all have miracle cures at the 12 month mark and become miraculously capable of competing in the job market on an equal footing with none disabled people. Forcing anyone from WRAG into work is a subversion of what the scheme is supposed to stand for, and the limits on the scheme as currently proposed mean it could even be applied to someone with a terminal illness if they have more than six months to live. Worse, it could be applied to someone with severe mental health issues, with no regard for the consequences to their mental health, or to someone with a physical disability with no thought to the negative physical consequences for them.

We knew DWP was being run to an ideological diktat, sorry, Christian principles, with a disregard for facts that would have embarrassed the Communist Party of the Soviet Union at its worst, but this is a step far, far beyond the pale. I know both from direct personal experience and the experience of others that JCP Disability Employment Advisers have an appalling inability to recognise and understand disability, in particular how it will impact working (which considering that is their sole professional purpose is a pretty utter failure). To now give these people the ability to decide on their own initiative that a disabled person should be forced into a work assignment, with only the vaguest notion of what the consequences for that person's health might be, is taking the DWP's duty of care and tossing it not just out of the window but into a passing bin wagon.

A lot of stuff coming out of the DWP worries me, but the consequences of this notion truely scare me. The whole point of people being in the ESA WRAG is that they have been assessed as not currently fit for work, and to design a scheme whose sole purpose is to force people who aren't fit for work into work, and then to try and justify it both having no limits and being subject to sanctions, suggests that DWP are truly placing diktat above reality and that magical thinking has displaced any other form of thinking they might once have been capable of.

(Edited to correct who has withdrawn from Workfare - should have been Sainsburys, not Tesco, Tesco admit to having taken 1400 people under the scheme in the past 4 months, potentially 168,000 hours of unpaid work ).

Monday, 13 February 2012

Magical Thinking and Miracle Cures

The Welfare Reform Bill is back in the House of Lords this week, so Iain Duncan Smith has a comment column in the Independent telling us how we are all wrong and that the WRB is going to make things better not worse. Which is going to be a tough sell to the 700,000 disabled people who will lose Employment and Support Allowance due to time-limiting, the 500,000 disabled people who will lose Disability Living Allowance and the tens of thousands of disabled kids whose families will lose £1500 a year of tax credits (however IDS assures us that £1500 isn’t a significant amount of money, not even to families already below the poverty line). And those are just some of the cuts, the list goes on, and on, and on.

IDS talks a good tale, and he’s extremely proficient at half-hidden appeals to petty-minded jealousy against those forced to rely on benefits (an odd talent for a minister who professes to be guided by Christian principles) but when you look at the actual details of the WRB the loopholes he glosses over start to appear, particularly when you look from the harsh reality of the inside of the benefit system. I worked for 20-odd years doing highly skilled development work in the aerospace industry, so getting me back into work makes sense on multiple levels, but my disability now means that I can't sit at a desk without rapidly ending up in so much pain I can't think straight (and when your work is safety-critical that’s not great). Having been forced out of my job by redundancy, the Department of Work and Pensions eventually admitted  that I'm far too disabled to claim JSA and pushed me onto ESA.

If we look at what the WRB says about ESA, then we find that IDS and his minions, particularly Lord Freud, who famously anointed himself as our national expert on disability employment a couple of weeks after first looking at the issue, would now have you believe that all disabled people receive an automatic miracle cure at the 12 month mark which means we can then compete equally in the jobs market, and therefore won't be disadvantaged by time-limiting ESA to 12 months.

Strangely enough I am 23 years into my disability with no cure, miracle or otherwise, in sight; in fact my doctors specifically ruled one out over a decade ago. The disability isn't going to get better and the cumulative damage to joints is going to carry on building year on year. And I am far more typical of disability's reality than IDS's 12 month miracle cure. A psychiatrist confronted with an expectation of miracle cures would likely label that as magical thinking and there would probably be frowning and tutting and a lot of note-taking; magical thinking is not a good thing, it signifies a loss of touch with reality, and a belief that supernatural forces are manipulating the world around you. Of course when you consider IDS’s frequent claim that he is implementing a Christian benefit policy then the magical thinking and miracle cures start to fit into a wider pattern of thought.

The problem for the rest of us is that we can’t ignore reality in favour of supernatural intervention. The Work Related Activity Group of ESA (which I am in) is supposedly for disabled people who are not currently fit for work but can potentially return to work at some point with appropriate support. That potentially means might, not will, and some point could be decades away, but DWP, at IDS and Freud's behest, is interpreting that as the 12 month miracle cure. More than that, DWP policy fails to acknowledge that there is an enormous range of disability that falls into the gap between someone who just needs a little extra support in WRAG to get straight back into work, and those people whose disabilities are so limiting that they are eligible for the Support Group and not expected to worry about work at all.

Hundreds of thousands of disabled benefit claimants in the WRAG have disabilities which will leave us unable to work over periods of years, if not decades. For most of us the reality is that a disability is for life, not just for Christmas, and there is no magical Medical Model fix to make it all go away with a wave of Lord Freud’s fairy wand, nor is DWP’s beloved Bio-Psycho-Social Model (aka the floggings will continue until you admit you’re better) going to make one jot of difference, unless it is to pressure people into damaging themselves further. No matter what Lord Freud may proclaim in the Lords in the next few days, I and other disabled people in the WRAG are not going to have a miracle cure at 12 months; to make my disability go away you would have to reprogramme the genetics of every cell in my body to correct the faulty connective tissue, and then fix all of the damage caused by nearly 50 years of those ligaments and tendons failing to protect joints, never mind the two distinct and individually disabling spinal injuries. What you see is what you get and that is someone who can't manage a job that involves sitting at a desk, standing or walking around. Find me a job I can do flat on my back (and I have problems even there) and there is a chance I can work, but how many jobs allow for that possibility? And each disabled person will come with their own individual set of limitations and issues.

IDS, Lord Freud, Chris Grayling and Maria Miller proclaim at every opportunity that disabled people could compete in the job market on a level footing with non-disabled people if we really wanted to. The under-the-counter briefings to the tabloid attack-hacks preach that we’re all idle scroungers who have been trapped into a life of idleness for no other reason than the easy availability of benefits. I’m not sure whether that counts as yet more magical thinking, or just plain wishful thinking, because even before the WRB axe the benefit system pays a pittance of what I used to earn and the long term financial implications are frankly terrifying. Getting out of the house once a week, not speaking to anyone from one week to the next, watching the death spiral of two decades worth of savings and pension; not really a life I would choose for myself.

To get a disabled person from WRAG to work involves at least three fundamental steps: first their disability needs to improve to the point that work is feasible, and that is simply not in the control of either DWP or the disabled person; next they need to negotiate the job market, more on that in a moment; and finally their job needs to be adapted to suit their individual needs, more on that too. I’ll be generous and accept that DWP are probably trying to help in the first of those steps, unfortunately their practical understanding of disability appears to be totally lacking (or perhaps driven by the kind of remorseless, fact-agnostic ideology that gave Soviet Five Year Plans a bad name). As so often seems to be the case with DWP, we would probably achieve far more if they would just stop trying to help.

So what is the reality of the job market for disabled people? Can we compete with other, non-disabled, people? IDS says yes, but once again the reality is something different. While I was claiming JSA and before DWP accepted that I really wasn’t fit enough to work, I sent out around 200 job applications. I had two decades worth of cutting edge engineering development experience on prominent multinational projects, and a CV that multiple employment consultants said could not be bettered, and I was registered with all of the appropriate specialist recruitment agencies; so how many interviews did I land? One. And that was from a company specifically looking to cherry-pick people with my skillset being made redundant by my ex-employer and which was working directly with the outsourcing consultants. Even more alarming, interviewers working for a company which made a selling point of its socially responsible employment policies admitted that it had never occurred to them that they might actually get a disabled job applicant. And that one interview is now nearly three years in the past, when the jobs market was in a far better condition than the state it has slid to under the Coalition.

The reality gets worse. In talking to multiple employment consultants, I was told that I should do everything possible to hide my disability from prospective employers, because I would be discriminated against. Not might, would. Nearly twenty years after the Disability Discrimination Act required employers to ensure disabled people are able to work and compete for jobs on an equal footing, with the new Equality Act making it illegal to even consider disability in a recruitment decision, people who had spent years as recruitment professionals were telling me that discrimination against disabled job applicants was so universal I needed to hide who I was in order to have any hope of making it past the first cut. One employers’ group proclaimed it a triumph for equality that slightly more than one employer in four would consider employing a disabled person. Meanwhile the other seventy-odd percent of employers surveyed openly acknowledged their intent to flout the law, confident in being able to do that because the government does not enforce disability equality law, that is left to the disabled victims themselves, who overwhelmingly have neither the health, wealth nor legal background to be able to challenge the offenders. The disablist attitudes of employers represent perhaps the single most fundamental barrier to moving large numbers of disabled people into work, and also a barrier open to being dealt with by action from central government, yet the silence from DWP, and from IDS’s ministerial team, is deafening.

Even if you get through to the interview stage, the moment an employer looks at a disabled potential employee and imagines that they may need to fund access changes, specialist seating, telecoms, whatever they might need to actually do the job, the potential for the disabled person to be surreptitiously dumped as ‘too costly’ raises its ugly head. Extra costs are actually minimal in most cases and the DWP’s Access to Work scheme was designed to take care of the non-minimal cases, funding a range of equipment and services for employer (seats, telecoms, access changes etc.), or employee (P.A.s, taxis etc.). AtW was unique, it was a benefit that actually turned a profit for the government, with the Treasury receiving about £1.48 in income tax etc. for every pound AtW spent. Before the election there was even talk of tweaking how AtW worked so that someone like me could arrive for interview at a potential employer and tell them that a package of extra support to cover little stuff like only being able to work while lying flat was already arranged. So of course when the Coalition took power, with their absolute focus on pushing as many disabled people as possible back into the workforce, they promptly slashed AtW’s budget and the range of items covered, leading to a marked drop in the number of people being helped and meaning that many disabled people will now present potential employers with a distinct capital cost for selecting them over a non-disabled candidate. Thanks, IDS!

IDS goes for the grand exit in his article by proclaiming we must restore fairness to the claimant through making work pay and fairness to the taxpayer by ensuring money isn't wasted on trapping people on benefits. But again we see him descending into magical thinking (the alternative would be to accuse him of trying to sell the big lie). I am not trapped by the benefit system, it pays a pittance of what I used to earn; I am trapped by three things: the discriminatory attitudes of employers, the hamstringing of Access to Work, and, ultimately and unavoidably, by the reality of my disability. IDS can ignore that reality, pretend it doesn’t exist, but are magical thinking and miracle cures really a sound basis for government policy?

Tuesday, 7 February 2012

Simplified Version of Draft PIP Criteria


Here is the simplified version of the PIP criteria we've been working on.

Draft Pip Criteria - Simplified Version


We hope it will give you all the information you need to decide how you will be personally affected by the change from DLA to PIP. Soon, we will publish a guide to the consultation too, so perhaps we can use this simplified version to start to think about what submissions we might make to the consultation.

Hopefully by later in the week, we can start writing our submissions when the guide to the consultation is finalised. We hope it will mean that many, many more people will engage with this process and we can make our views heard.

If you've already done a submission or don't want to wait, we would like to invite you all to send any submissions you make to us, so that this time, we can keep a public record of as many responses as possible. We will be inviting Charities, DPOs and other campaigning groups to do the same.

Clearly, this will not suit everyone. Some may wish their submission to be private and we wholeheartedly respect this. However, to avoid any suggestion that our views may not be properly considered, we feel it would be helpful to provide a space where they can be collected.

Draft Pip Criteria - Simplified Version