Category: Human Rights

The government is failing in its legal duty of care to disabled people

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The House of Lords Select Committee
on the Equality Act 2010 and Disability investigating the Act’s impact on disabled people has concluded that the Government is failing in its duty of care to disabled people. From taxi drivers refusing to take disabled people, to “disgraceful” accessibility at sports grounds, to pubs and clubs failing to provide disabled toilets, the report, entitled The Equality Act 2010: the impact on disabled people, says practice in all areas must be improved.

Comment of Baroness Deech, Chairman

“Over the course of our inquiry we have been struck by how disabled people are let down across the whole spectrum of life.

“Access to public buildings remains an unnecessary challenge to disabled people. Public authorities can easily side-step their legal obligations to disabled people, and recent changes in the courts have led to disabled people finding it harder to fight discrimination.

“When it comes to the law requiring reasonable adjustments to prevent discrimination, we found that there are problems in almost every part of society, from disabled toilets in restaurants being used for storage, to schools refusing interpreters for deaf parents, to reasonable adjustments simply not being made.

“In the field of transport alone, we heard of an urgent need to meet disabled people’s requirements – whether it’s training for staff or implementing improvements to trains and buses – and we’re calling for all new rail infrastructure to incorporate step-free access in its design from the outset.

“The Government bears the ultimate responsibility for enabling disabled people to participate in society on equal terms, and we believe it is simply not discharging that responsibility. Not only has the Government dragged its heels in bringing long-standing provisions of the Act into force, such as those requiring taxi drivers to take passengers in wheelchairs, but has in fact repealed some provisions which had protected disabled people. Intended to reduce the regulatory burden on business, the reality has been an increase in the burden on disabled people.

“The Committee would like to see changes right at the top of Government and is calling for the Minister for Disabled People to be given a place on the Cabinet’s Social Justice Committee. 

“It’s time to reverse the attitude that disabled people are an afterthought. Many of the changes we suggest are simple and do not require legislation. We hope the Government will implement them quickly.”

Findings in the report include:

Transport

The Government should bring into force immediately provisions in the Act obliging taxi drivers to take passengers with wheelchairs. In cases where taxi drivers fail to comply with the Act local authorities should withhold the licences of drivers.

All new rail infrastructure must build into its design step-free access; retrofitting of stock with audio/visual annunciators must be prioritised; training for all rail, bus and coach staff must be made a legal requirement.

Sports grounds

These have been described as “disgraceful” by the Minster for Disabled People and new measures are needed. Ministers must report on the progress made on stadia, following the Premier League’s promise to upgrade all their stadia by August 2017.

Housing and public spaces

Many restaurants, pubs and clubs are difficult to access, with many not providing basic facilities such as a disabled toilet. Local authorities should be allowed to refuse to grant or renew these premises’ licences until they make the necessary changes.

The design of new buildings is another area where local authorities could require new buildings to be wheelchair accessible or adaptable, simply by revising their planning policies.

Communications and democratic inclusion

Communications is an area where disabled people are still being failed. We recommend that all Government departments, local authorities and public bodies review how they communicate with disabled people, and that disabled people must be involved in this process.

The law and enforcement

Developments in recent years have made fighting discrimination more difficult for disabled people. New tribunal fees, less access to legal aid, and procedural changes have combined to create barriers to the effective enforcement of disabled people’s rights. Changes are recommended to combat this.

The Equality Act 2010 was intended to harmonise all discrimination law and to strengthen the law to support progress on equality.

Over the past nine months the Committee has been examining the Equality Act 2010 and in particular its impact on disabled people, looking at areas such as:

·    Implementation
·    Enforcement
·    Reasonable adjustment
·    Transport
·    Communication
·    The Equality and Human Rights Commission
·    Discrimination and the judicial process

During the course of the inquiry the Committee received nearly 180 pieces of written evidence and heard from more than 50 witnesses, among them the Government Equalities Office, the Office for Disability Issues, Disability Rights UK, RNIB, Scope, MIND, British Deaf Association, the Bar Council, Law Society, Discrimination Law Association, Law Centres Network, People First Advocacy, Business Disability Forum, Association of Convenience Stores, Trade Unions Congress, Disabled Persons Transport Advisory Committee, campaign group Transport for All, NHS England, Care Quality Commission, Ofsted, the Independent Parental Special Educational Advice, Association of Train Operating Companies, Confederation of Passenger Transport, Housing Law Practitioners Association, Lewisham Shopmobility Scheme, National Association of Licensing and Enforcement Officers, the Parliamentary and Health Service Ombudsman, Carers UK, and officials from the Department for Transport, Department for Education, Department of Health, Department for Communities and Local Government, and Department for Work and Pensions.

The Committee took evidence from Government ministers Rt Hon Nicky Morgan MP, Secretary of State for Education and Minister for Women and Equalities, Department for Education; Justin Tomlinson MP, Parliamentary Under Secretary of State for Disabled People, Department for Work and Pensions; and Andrew Jones MP, Parliamentary Under Secretary of State, Department for Transport. 

The Committee also heard first-hand testimonies from disabled people as well as visiting a user-led support organisation for disabled people, Real.

Watch the Chair of Equality Act 2010 and Disability Committee Baroness Deech and member of Committee Baroness Campbell of Surbiton discuss the findings of the report, ‘The Equality Act 2010: the impact on disabled people.’ Film with British Sign Language.

Government inaction is failing disabled people

Summary of the Committee’s recommendations.

Iain Duncan Smith abandoned his own sinking ship

Impact of tories on income.jpg

Analysis of George Osborne’s budget from the Institute for Fiscal Studies.

Stephen Crabb has been appointed as the new work and pensions secretary, after Iain Duncan Smith resigned in a flurry of controversy on Friday.

Mr Duncan Smith has said the latest planned cuts to disability benefits were “not defensible” in a Budget that benefited higher-earning taxpayers.

David Cameron said he was “puzzled and disappointed” that Mr Duncan Smith had decided to go when they had agreed to have a rethink about the policies

Iain Duncan’s Smith’s letter of resignation must be a BIG embarrassment to the  Government. It was certainly designed to inflict maximum damage particularly on Chancellor George Osborne. I’ve previously noted that the Chancellor has a tendency to regard the Department for Work and Pensions as little more than an annex to the Treasury, and the welfare budget as the Treasury’s disposable income, but I never anticipated that Duncan Smith would come to say that he sees it that way, too. This is, after all, a minister that has invented statistics and told some pretty far-fetched fibs to prop up justifications of his policies that entail some pretty draconian measures, such as sanctions and work fare, after all.

Yet surprisingly, Duncan Smith has also quite willingly and very publicly provided the government’s opponents with ammunition. He has effectively denounced not only Osborne’s budget, but also, his targeted austerity measures, yet curiously, Duncan Smith has until now been one of the most ideologically devout Thatcherite Conservatives, which is reflected in every policy he has formulated.

He has basically said what many of us have been saying for a long time: that the cuts are political and not because of economic necessity, nor will they help the economy. He also as good as said he doesn’t think we are “all in it together”. It turns out that Osborne blamed Duncan Smith for the Personal Independence Payment (PIP) and Employment Support Allowance (ESA) cuts. But Duncan Smith has been a very quiet man recently, often conspicuous by his absence during parliamentary debates, with Priti Patel left defending the ESA cuts in particular in the Commons.

However, the Department for Work and Pensions did a review of PIP last year, and that’s where the “justification” for the cuts came from – a sample of just 150 people, which was hardly a representative sample. It’s difficult to imagine that IDS didn’t order that review. But it was Osborne who announced the cuts to PIP, not Iain Duncan Smith. Just who carries the original responsibility for the proposed PIP cuts is probably never going to be fully untangled from the crossfire of accusations and counter accusations. But surely Cameron is ultimately responsible for Conservative policies?

In his resignation letter, Iain Duncan Smith says:

“I have for some time and rather reluctantly come to believe that the latest changes to benefits to the disabled, and the context in which they’ve been made are, a compromise too far. While they are defensible in narrow terms, given the continuing deficit, they are not defensible in the way they were placed within a budget that benefits higher earning taxpayers. They should have instead been part of a wider process to engage others in finding the best way to better focus resources on those most in need.

I am unable to watch passively while certain policies are enacted in order to meet the fiscal self imposed restraints that I believe are more and more perceived as distinctly political rather than in the national economic interest.

Too often my team and I have been pressured in the immediate run up to a budget or fiscal event to deliver yet more reductions to the working age benefit bill. There has been too much emphasis on money saving exercises and not enough awareness from the Treasury, in particular, that the government’s vision of a new welfare-to-work system could not be repeatedly salami-sliced.

It is therefore with enormous regret that I have decided to resign. You should be very proud of what this government has done on deficit reduction, corporate competitiveness, education reforms and devolution of power.

I hope as the government goes forward you can look again, however, at the balance of the cuts you have insisted upon and wonder if enough has been done to ensure ‘we are all in this together’ “

You can read the letter in full here

You can see Cameron’s response in full here

Many Conservatives have suggested that Duncan Smith – a supporter of Brexit – had been looking over several weeks for an opportunity to resign, and claimed that he wanted to find a moment when he could inflict maximum damage on the campaign led by Cameron and Osborne to keep Britain in the European Union. But writing in the Observer, Bernard Jenkin, a Tory MP and chair of the Commons public administration select committee, says that Duncan Smith was not prepared to tolerate another raid on the disability budget.

Referring to the prime minister’s letter to Duncan Smith, in which Cameron said he was “puzzled” by the resignation, Jenkin says: “What that letter does not make clear is that the £4bn savings in the budget from welfare still stands and, once again, Iain was being told to find similar cuts from other benefits for working-age people – including for the disabled – again undermining the positive incentives that make it worthwhile for them to take work. That is what he finds morally indefensible.”

However, Debbie Abrahams, the shadow minister for disabled people, who has faced Duncan Smith many times during Commons debates and Work and Pensions Committee inquiries, says she does not accept the reasons Iain Duncan Smith has given for resigning, and believes he chose to resign so he could “embarrass the government as much as he can”.

She adds that planned cuts to disability benefit payments in the Budget were “grossly unfair” and would hit “the most vulnerable in society at the same time the highest earners are getting tax cuts”. 

She says she is grateful that many Conservative MPs are critical of the proposals, but adds: 

“We must make sure that this last cut that has been announced around Personal Independence Payments is stopped and does not carry on.”

The resignation is particularly surprising given that, just hours earlier, the Treasury shelved the proposed cuts to PIP – following threats of a Tory backbench rebellion. Three Tory MPs – including mayoral candidate Zac Goldsmith – have  also been asked to resign as patrons of disability charities over their support for the recent welfare cuts. The complete failure of the austerity project is finally unravelling the Conservatives, and at a time when the Brexit faction of the party is already causing considerable disarray.

Even some of the most loyal Tories were finding it difficult to defend taking money away from sick and  disabled people – particularly since many of those who receive PIP are in work, and in fact some rely on it to stay in work. The cuts to ESA and PIP take place in the context of a Tory manifesto that included a pledge not to cut disability benefits. In fact in March last year, the Prime Minister signalled that the Conservatives will protect disabled claimants from welfare cuts in the next parliament (this one). Cameron said the Conservatives would not “undermine” PIP, which was introduced under the Coalition to save money by “targeting those most in need.” Now it seems those most in need are not the ones originally defined as such.

Controversially, the cuts to disability benefits were planned to fund tax cuts for the most affluent – the top 7% of earners. The Chancellor raised the threshold at which people start paying the 40p tax, in a move that will  see many wealthier people pulled out of the higher rate of income tax, in the coming budget. Mr Osborne said that he wants to “accelerate progress” towards the Conservative’s manifesto pledge of raising the threshold for the 40p rate to £50,000 in 2020. The average annual income in the UK is around £27,000.

The Labour Party have urged Stephen Crabb to appear before MPs on Monday to announce formally that the cuts to disability benefits had been dropped. Owen Smith, the shadow work and pensions secretary, said: “His very first act as secretary of state must be to come to parliament on Monday to announce the full reversal of cruel Tory cuts that will see 370,000 disabled people lose £3,500 a year.”

He also urged Crabb to “stand up to a Treasury that is intent on cutting support for those most in need to pay for tax breaks for those who least need them”.

The main retaliation from the Conservative frontbench has been that Duncan Smith knew about the disability cuts (which he did) and that this is an act of mischief and sabotage designed and timed to destablise Cameron regarding Europe. It may well be. But the divisions had already caused wobbles, Duncan Smith just delivered a swift and hefty kick to the “in” crowd.

However, it’s also clear there has been a rising tension between the Treasury and the Department for Work and Pensions for some time. Duncan Smith felt that the benefits system could be scaled back only so far. Osborne and Cameron would prefer to see the welfare state completely dismantled.

Nonetheless, we have witnessed Duncan Smith’s long term disconnection from the impacts of his policies. He has persistently refused to engage with critics raising serious concerns about the consequences of the welfare “reforms”. He has refused to carry out a cumulative impact assessment of his policies and absolutely refused to monitor the impacts, most of which have been dire for sick and disabled people, and when the specifics of negative consequences were pointed out to him, he has typically reacted with denial, anger and accusations of “scaremongering.”

Duncan Smith used the mantra “there’s no proof of causality” to dismiss those who recognised a correlation between his welfare “reforms” and an increase in premature mortality rates and suicide. He has consistently and quite unforgivably shown that he is more concerned about hiding evidence and stifling criticism than he is about conscienciously investigating the harmful and sometimes devastating consequences that his policies have had on many people.

On the day he resigned, Duncan Smith’s department lost a four year legal battle to keep the many potentially humiliating problems with Universal Credit from the public.

Whatever the reasons may be for Duncan Smith’s resignation, he has certainly highlighted very well that Conservative budget decisions are partisan, taken for  party political interest rather than with consideration for the national interest. But in more than one way.

It’s also worth bearing in mind that it is Iain Duncan Smith’s “reforms” that have prompted a United Nations inquiry into grave and systematic violations of the human rights of disabled people. It’s highly unlikely that Duncan Smith’s reputation will be enhanced in the long-term regarding his legislative legacy, particularly regarding disabled people. He has collaborated with other ministers in designing and extending techniques of neutralisation to attempt justify what are extremely prejudiced, discriminatory and punitive policies aimed at the poorest citizens.

This is a man who has removed people from a structural socioeconomic context and then intentionally blamed them for their individual socioeconomic circumstances, most of which have been created by this government’s actions since 2010. Every single Conservative budget has taken money from the poorest and gifted it to the wealthiest. It’s inconceivable that Tory ministers don’t understand such policies will invariably extend and perpetuate inequality and poverty.

Duncan Smith has damned himself, but nonetheless, a Conservative minister resigning and stating that it is because of a Conservative budget, publicly citing reasons that correlate with the opposition’s objections regarding the government’s ideologically driven and targeted austerity, is a particularly damning turn of events for the Conservative Party as a whole, that’s for sure.

Now that Duncan Smith has publicly denounced the Conservative austerity project, I wonder if he will also recognise and embrace the rational expertise and economic competence of a real party of social justice, which rescued this country from the consequences of a global recession by the last quarter of 2009, whilst Osborne had us back in recession by 2011, and lost us our triple A Fitch and Moody credit ratings after promising not to. I wonder if Duncan Smith now supports the fair party with a track record of verifiable economic expertise – that would be the Labour Party.

rich keep millons
Picture courtesy of Robert Livingstone

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The Government’s brutal cuts to disability support isn’t ‘increasing spending’, Chancellor, but handing out tax cuts to the rich is

Chancellor George Osborne

 

2 wrag

Source: Hansard

Context

Many of us recognised in 2012, when the welfare “reforms” and other cuts to public services that support the poorest citizens were forced through parliament despite considerable opposition, using only the “financial privilege” of the Commons as a justification, that the Conservatives are on an ideological crusade, which flies in the face of public needs, democracy and sound economics, to shrink the welfare state and privatise our essential services.

In a wealth transfer from the poorest to the very rich, we have witnessed the profits of public services being privatised, but the losses have been socialised – entailing a process of economic enclosure for the wealthiest, whilst the burden of losses have been placed on the poorest social groups and our most vulnerable citizens – largely those who are ill, disabled and elderly. The Conservative’s justification narratives regarding their draconian policies, targeting the poorest social groups, have led to media scapegoating, social outgrouping, persistent political denial of the aims and consequences of policies and reflect a wider process of political disenfranchisement of the poorest citizens, especially sick and disabled people.

That the cuts are ideologically driven, and have nothing whatsoever to do with economic necessity, was demonstrated only too well by the National Audit Office (NAO) report earlier this year. The NAO scrutinises public spending for Parliament and is independent of government. The report indicates how public services are being appropriated for purely private benefit.

The audit report in January concluded that the Department for Work and Pension’s spending on contracts for disability benefit assessments is expected to double in 2016/17 compared with 2014/15. The government’s flagship welfare-cut scheme will be actually spending more money on the assessments conducted by private companies than it is saving in reductions to the benefits bill.

From the report:

£1.6 billion
Estimated cost of contracted-out health and disability assessments over three years, 2015 to 2018

£0.4 billion
Latest expected reduction in annual disability benefit spending.

This summary reflects staggering economic incompetence, a flagrant, politically motivated waste of tax payers money and even worse, the higher spending has not created a competent or ethical assessment framework, nor is it improving the lives of sick and disabled people. Some people are dying after being wrongly assessed as “fit for work” and having their lifeline benefits brutally withdrawn. Maximus is certainly not helping the government to serve even the most basic needs of sick and disabled people.

However, Maximus is serving the private needs of a “small state” doctrinaire neoliberal government, and making lots of private profit whilst it does so. The Conservatives are systematically dismantling the UK’s social security system, not because there is an empirically justifiable reason or economic need to do so, but because the government has purely ideological, anticollectivist, antidemocratic, profoundly uncivilising prescriptions and longstanding prejudices.

Last week I wrote about the £30 a week Employmen Support Allowance (ESA) work related activity group (WRAG) cuts, which the Government have forced through the legislative process, despite meeting with widespread opposition, the government claim that it is their financial privilege to do so. Yesterday I wrote about the brutal cuts that are planned for Personal Independence Payments (PIP) for sick and disabled people, which are aimed at saving money by reducing eligibility for the support. The cut, it is estimated, will affect at least 640,000 disabled people by 2020, who may lose up to £150 a week. This is money that provides essential support for people who need help to prepare food, use the toilet or dress themselves, amongst other things, and to maintain a degree of dignity and independence.

The cuts to ESA and Personal Independent Payments (PIP) take place in the context of a Tory manifesto that included a pledge not to cut disability benefits. In fact in March last year, the Prime Minister signalled that the Conservatives will protect disabled claimants from welfare cuts in the next parliament (this one). Cameron said the Conservatives would not “undermine” PIP, which was introduced under the Coalition to save money by “targeting those most in need.” Now it seems those most in need are not the ones originally defined as such.

At the time he told BBC Breakfast: “We’ve replaced one benefit – Disability Living Allowance – with a new benefit – Personal Independence Payment – it’s working well, it is also going to lead to some savings over time and we haven’t created that benefit in order to undermine it. We want to enhance it and safeguard it.”

Semantic thrifts: being Conservative with the truth

Only a Conservative minister would claim that taking money from sick and disabled people is somehow “fair,” or about “helping”, “supporting” or insultingly, “incentivising” sick and disabled people who have already been deemed unfit for work by their doctors and the state via the work capability assessment to work.

The Tories all too frequently employ such semantic shifts and euphemism – linguistic strategies – as an integral part of a wider range of techniques of neutralisation that are used, for example, to provide linguistic relief from conscience and to suspend moral constraint – to silence both “inner protest” and public objections – to the political violation of social and moral norms; to justify acts that cause harm to others whilst also denying there is any subsequent harm being inflicted; to deny the target’s and casualties’ accounts and experiences of political acts of harm, and to neutralise remorse felt by themselves or other witnesses.

Media discourse has often preempted the Conservative austerity cuts, resulting in the identification, stereotyping and scapegoating of the groups in advance of the targeted, discriminatory policies. Media discourse is being used as a vehicle for the government to push their ideological agenda forward without meeting legitimate criticism, public scrutiny and without due regard for essential democratic processes and safeguards.

The five neutralisation techniques identified by Gresham Sykes and David Matza are: denial of responsibility, denial of injury, denial of victims, appeal to higher loyalties, and condemnation of condemners.

The really critical part of Sykes and Matza’s argument is that rationalisations precede immoral, cruel or controversial acts and are a key factor in making deviant behaviour possible (amongst delinquents, the mafia or Conservative ministers). As such, the rationalisations betray intent.

The cuts of £120 a month to the disability benefit Employment Support Allowance  are also claimed to be “fair.” and “supportive.” Though I have yet to hear a coherent and rational  explanation of how this can possibly be the case. Ministers claimed that people subjected to the ESA Work Related Activity Group cuts could claim PIP if they required support with extra living costs, but now we are told that PIP is to be cut, too.

Osborne’s techniques of neutralisation: calling a cut “increased spending”

The chancellor has defended his decision to use the cuts in disability benefits to fund tax breaks for the wealthy. On the Andrew Marr show yesterday, he was questioned about his decision to cut PIP, currently made to over 640,000 disabled people in a bid to save at least £1.2 billion. Many severely disabled people are facing a cut of up to £150 a week under the new reduced eligibility assessment criteria.

Controversially, the cuts to disability benefits will fund tax cuts for the most affluent – the top 7% of earners. The Chancellor is set to raise the threshold at which people start paying 40p tax, in a move that will probably see  many wealthier people pulled out of the higher rate of income tax, in the coming budget. Mr Osborne says he wants to “accelerate progress” towards the Conservative’s manifesto pledge of raising the threshold for the 40p rate to £50,000 in 2020, it is understood. The average annual income in the UK is around £27,000. 

Andrew Marr said: You’re taking money out of the pockets of some of the most vulnerable people in this country, disabled people. These are the people who can least afford the sacrifice, the people with the weakest shoulders.

And you’re changing the rules to hit them. Is that really your priority?”

Osborne ludicrously claimed that the Conservative government was “increasing spending on disabled people”, he said: “Controlling welfare bills is part of what you need to do if you’re a secure country confronting the problems in the world.”

But as Marr pointed out, the cuts to ESA and PIP show an intended substantial reduction on government spending to essential support for disabled people.

From January 2017, the cut to PIP is likely to hit sick and disabled people who face fundamental barriers to health and essential basic care. The cut, it is estimated, will affect at least 640,000 disabled people by 2020.

Andrew Marr went on to say: “At the same time as you’re raising thresholds to help middle-class tax payers, it’s going to seem a very callous set of priorities.”

However, Mr Osborne maintained that the brutal and uncivilised cuts were “necessary to improve the economic conditions in the UK”. He said: “Yes, times are tough. The fiscal situation is a difficult one. All Western countries are not productive enough.”

You can see the interview here:


Austerity and premature mortality

Since 2011, a year after the government began their austerity programme, mortality rates have increased rapidly. Advisers to Public Health England (PHE) have warned that the 4-year trend may be the worst since World War II.

Data from the Office of National Statistics shows a 5.4% (27,000) increase in deaths in the past year alone, prompting calls for an urgent investigation. The year-on-year rise, to a total of 528,340 deaths, is the highest since 1968.

PHE said the elderly were bearing the worst of Tory austerity cuts, with women suffering disproportionately, though this is partly because they live longer, however, it is also due to a growing crisis in the NHS and cuts to social care. Professor Danny Dorling, from Oxford University, an advisor to PHE on older age life expectancy, said:

“When we look at 2015, we are not just looking at one bad year. We have seen excessive mortality – especially among women – since 2012.”

Figures show that the number of deaths had been falling steadily until 2011, a year after the government began their austerity programme, when deaths rates began to increase rapidly.

Professor Dorling cited Tory austerity as the biggest cause:

“I suspect the largest factor here is cuts to social services – to meals on wheels, to visits to the elderly.”

Empirical research published two years ago demonstrated the high a cost the country paid in terms of health and wellbeing for the Thatcher administration’s economic and social policies. The study, which looked at material from existing research and data from the Office for National Statistics, illustrates that Thatcherism resulted in the unnecessary and unjust premature deaths of British citizens, together with a substantial and continuing burden of suffering and a widespread degradation of wellbeing. Co-author and researcher Professor Clare Bambra from the Wolfson Research Institute of Health and Wellbeing said that deaths from violence and suicide all increased substantially during the Thatcher era in comparison with other countries. Regional inequalities in life expectancy between north and south were also exacerbated, as were health inequalities between the richest and poorest in British society.

Professor Bambra also says that the welfare cuts implemented by Thatcher’s governments led to a rise in poverty rates from 6.7% in 1975 to 12% by 1985; poverty is well known to be one of the major causes of ill health and mortality. Income inequality also increased in the Thatcher period, as the richest 0.01% of society had 28 times the mean national average income in 1978 but 70 times the average by 1990. Other research (The Spirit Level) indicates that income inequality is internationally associated with higher mortality and morbidity.

Welfare reform minister, Lord Freud, refused to monitor the number of people who take their own lives as a result of the £120-a-month cut planned for those people in the work related activity group (WRAG), claiming employment and support allowance from April 2017. Concerns were raised in the House of Lords last week, when Baroness Meacher, amongst others, warned that for the most vulnerable, the cut was “terrifying” and bound to lead to increased debt.

Condemning the truly callous and terrible actions of the Treasury, she urged ministers to monitor the number of suicides in the year after the change comes in, adding: “I am certain there will be people who cannot face the debt and the loss of their home, who will take their lives.”

Many people have died as a consequence of the welfare “reforms.”

Not only have the government failed to carry out an impact assessment regarding the cuts, Lord Freud said that the impact, potential increase in deaths and suicides won’t be monitored, apart from “privately” because individual details can’t be shared and because that isn’t a “useful approach”.

He went on to say “We have recently produced a large analysis on this, which I will send to the noble Baroness. That analysis makes it absolutely clear that you cannot make these causal links between the likelihood of dying – however you die – and the fact that someone is claiming benefit.”

Actually, a political refusal to investigate an established correlation between the welfare “reforms” and an increase in the mortality statistics of those hit the hardest by the cuts – sick and disabled people – is not the same thing as there being no causal link. Often, correlation implies causality and therefore such established links require further investigation. It is not possible to disprove a causal link without further investigation.

Whilst the government continue to deny there is a causal link between their welfare policies, austerity measures and an increase in premature deaths and suicides, they cannot deny there is a clear correlation establised, which warrants further research and political accountability.

Then they came for the ESA Support Group …

Despite the fact that this government face a UN inquiry into grave and systematic abuses of the human rights of disabled people, the blatant attacks on a social group with legally protected characteristics continues and the Conservatives continue to target disabled people for a disproportionately large and unfair burden of austerity cuts.

A government advisor, who is a specialist in labour economics and econometrics, has proposed scrapping all ESA sickness and disability benefits. Matthew Oakley, a senior researcher at the Social Market Foundation, recently published a report entitled Closing the gap: creating a framework for tackling the disability employment gap in the UK, in which he proposes abolishing the ESA Support Group. To meet extra living costs because of disability, Oakley says that existing spending on PIP and the Support Group element of ESA should be brought together to finance a new extra costs benefit. Eligibility for this benefit should be determined on the basis of need, with an assessment replacing the WCA and PIP assessment. The Conservative definition of “the basis of need” seems to be an ever-shrinking category.

Oakely also suggests considering a “role that a form of privately run social insurance could play in both increasing benefit generosity and improving the support that individuals get to manage their conditions and move back to work.”

I’m sure the private company Unum would jump at the opportunity. Steeped in controversy, with a wake of scandals that entailed the company denying people their disabilty insurance, in 2004, Unum entered into a regulatory settlement agreement (RSA) with insurance regulators in over 40 US states. The settlement related to Unum’s handling of disability claims and required the company “to make significant changes in corporate governance, implement revisions to claim procedures and provide for a full re-examination of both reassessed claims and disability insurance claim decisions.

The company is the top disability insurer in both the United States and United Kingdom. By coincidence, the  company has been involved with the UK’s controversial Welfare Reform Bill, advising the government on how to cut spending, particularly on disability support. What could possibly go right?

It’s difficult to see how someone with a serious, chronic and often progressive illness, (which most people in the ESA Support Group have) can actually “manage” their illness and “move back into work.” The use of the extremely misinformed, patronising and very misleading term manage implies that very ill people actually have some kind of choice in the matter. For people with Parkinson’s disease, rheumatoid arthritis, lupus and multiple sclerosis, cancer and kidney failure, for example, mind over matter doesn’t fix those problems, positive thinking and sheer will power cannot cure these illnesses sadly. Nor does benefit conditionality and being coerced into work by callously insensitive and medically ignorant assessors, advisors and ministers.

The Reform think tank has also recently proposed scrapping what is left of the disability benefit support system, in their report Working welfare: a radically new approach to sickness and disability benefits and has called for the government to set a single rate for all out of work benefits and reform the way sick and disabled people are assessed. 

Reform says the government should cut the weekly support paid to 1.3 million sick and disabled people in the ESA Support Group from £131 to £73. This is the same amount that Jobseeker’s Allowance claimants receive. However, those people placed in the Support Group after assessement have been deemed by the state as unlikely to be able to work again. It would therefore be very difficult to justify this proposed cut.

Yet the authors of the report doggedly insist that having a higher rate of weekly benefit for extremely sick and disabled people encourages them “to stay on sickness benefits rather than move into work.”

The report recommended savings which result from removing the disability-related additions to the standard allowance should be reinvested in support services and extra costs benefits – PIP. However, as outlined, the government have ensured that eligibility for that support is rapidly contracting, with the ever-shrinking political and economic re-interpretation of medically defined sickness and disability categories and a significant reduction in what the government deem to be a legitimate exemption from being “incentivised” into hard work.

The current United Nations investigation into the systematic and gross violations of the rights of disabled people in the UK because of the Conservative welfare “reforms” is a clear indication that there is no longer any political commitment to supporting disabled people in this country, with the Independent Living Fund being scrapped by this government, ESA for the work related activiy group (WRAG) cut back, PIP is becoming increasingly very difficult to access, and now there are threats to the ESA Support Group. The Conservative’s actions have led to breaches in the CONVENTION on the RIGHTS of PERSONS with DISABILITIES – CRPD articles 4, 8, 9, 12, 13, 14, 15, 17, and especially 19, 20, 27 and 29 (at the very least.) There are also probable violations of articles 22, 23, 25, 30, 31.

The investigation began before the latest round of cuts to ESA and PIP were announced.

 

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Reverse the ESA disability benefit cut: sign the petition

Extend the PIP consultation & stop cuts to supporting terminally ill & disabled: sign the petition

 

Related

A tale of two suicides and a very undemocratic, inconsistent government

Paternalistic Libertarianism and Freud’s comments in context

Let’s keep the job centre out of GP surgeries and the DWP out of our confidential medical records

Conservative governments are bad for your health

Research finds strong correlation between Work Capability Assessment and suicide

Benefits Assessor: How Long Are You Likely To Have Parkinson’s?

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Iain Duncan Smith is complaining about valid criticisms of his draconian policies by journalists and social media commentators

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The Work and Pensions Select Committee has just published some letters between Frank Field, the chair, and Iain Duncan Smith, who responded to questions about the correlation between benefit assessments and suicide.

Mr Field had asked what data the Department for Work and Pensions collects on the deaths of benefit claimants.

The issue had been raised in a research report by Oxford University and Liverpool University entitled First Do No Harm, which I also reported on last year.

The letter addressed to Frank Field MP, features a barely legible hand-written footnote warning against listening to those “in the media and on social media” who “accuse the Government of outrageous actions.”

Duncan Smith writes in the footnote:

“There are some out there in the media and social media who have used [raw?] [ons ?- Office for National Statistics?] figures to accuse the govt of outrageous actions.

I would hope that the committee would not seek to follow suit. I [illegible] [note?] that having introduced ESA and the WLA, the Labour Party now seeks to attack it as though they had nothing to do with it.

Surely the committee should seek to recognise the good intent of those engaged in this difficult area.”

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I would say that this blatant political discrimination constitutes an “outrageous action.” It’s difficult to recognise any “good intent” here, Mr Duncan Smith.

The correlation between the work capability assessment and suicide was established by academic researchers, not by journalists or social media commentators. We simply reported the findings.

Iain Duncan Smith will be accusing the United Nations (UN) of failing to see the government’s “good intent” when the inquiry into “grave and systematic violations” of the rights of disabled people in the UK concludes, next. Despite the fact that we are the first country to face such an inquiry, and given that the UN investigate only when there is evidence of grave and systematic violations of human rights, the prime minister has already dismissed the significance of the inquiry, ludicrously claiming “it may not be all it’s cracked up to be.”

It’s particularly noteworthy that when it comes to government claims, the same methodological rigour that they advocate for others isn’t applied. Indeed, many policies have clearly been directed by ideology and traditional Tory prejudices, rather than valid research and empirical evidence. The fact that no cumulative impact assessment has been carried out with regard to the welfare “reforms” indicates a government that is not interested in accountability, and examining the potential negative outcomes of policy-making. Policies are supposed to be about meeting public needs and not about inflicting Conservative dogma and old prejudices in the form of financial punishment on protected social groups.

As someone with a background in the social sciences, I have written extensive criticism of Iain Duncan Smith’s peculiar brand of epistemological and methodological fascism. He’s not exactly well known for his skill in statistical analysis, having been rebuked more than once for being notoriously conservative with the truth and numbers. Yet he feels compelled to dismiss the accounts of academics, campaigners, empirical evidence and the many qualitative accounts of those adversely impacted by his policies, in his vain attempt to exercise a stranglehold on his own peculiar brand of “truth.”

The goverment often claim that any research revealing negative social consequences arising from their draconian policies, which they don’t like to be made public “doesn’t establish a causal link.”  Recently there has been a persistent, aggressive and flat denial that there is any “causal link” between the increased use of food banks and increasing poverty, between benefit sanctions and extreme hardship and harm, between the work capability assessment and an increase in numbers of deaths and suicides, for example.

The government are referring to a scientific maxim: “Correlation doesn’t imply causality.” 

The tobacco industry made exactly the same claim about the established link between lung cancer and smoking.

It’s true that correlation is not the same as causation.

It’s certainly true that no conclusion may be drawn regarding the existence or the direction of a cause and effect relationship only from the fact that event A and event B are correlated.

Determining whether there is an actual cause and effect relationship requires further investigation.

This is something the government has persistently refused to do. (Here’s a full critique of Conservative methods of “social research”. I sent Mr Duncan Smith a copy, along with some information about proper definitions and measurement of poverty, but he clearly hasn’t read either. Unless he has included those in his arrogant and dismissive horror of “accusations”  criticisms on social media of course)

It is completely inaccurate to say that correlation doesn’t imply causation. It quite often does.

Here’s a final comment from a social media-based campaigner, analytical writer and a qualified social scientist who knows about statistical inference, causality and correlation and suchlike:

Iain Duncan Smith, you’re a blatant numpty.

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You can read the full letter here.

Conservative welfare “reforms” – the sound of one hand clapping

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“Labour MPs sat perplexed … By cutting housing benefit for the poor, the Government was helping the poor. By causing people to leave their homes, the Government was helping people put a roof over their heads. By appealing the ruling that it discriminated against the vulnerable, the Government was supporting the vulnerable.

Yes, this was a tricky one.” – From an unusually insightful article in the Telegraph about the incoherence of Conservative welfare rhetoric:  How bedroom tax protects the vulnerable.

“Ministers keep using the mantra that their proposals are to protect the most vulnerable when, quite obviously, they are the exact opposite. If implemented their measures would, far from protecting the most vulnerable, directly harm them. Whatever they do in the end, Her Majesty’s Government should stop this 1984 Orwellian-type misuse of language.”  – Lord Bach, discussing the Legal Aid Bill. Source: Hansard, Column 1557, 19 May, 2011.

Conservative policies are incoherent: they don’t fulfil their stated aims and certainly don’t address public needs. Furthermore, Conservative rhetoric has become completely detached from the experiences of most citizens and their everyday realities.

Under the Equality Act, provision was made by the Labour government to ensure that legislations didn’t discriminate against protected social groups, which included disabled people. However, the need for public bodies in England to undertake or publish an equality impact assessment of government policies, practices and decisions was quietly removed by David Cameron in April 2011. The legal requirement in the Equality Act that ensured public bodies attempt to reduce inequalities caused by socio-economic factors was also scrapped by Theresa May in November 2010, who said she favoured a greater focus on “fairness” rather than “equality.”

The Conservatives have since claimed to make welfare provision “fair” by introducing substantial cuts to benefits and introducing severe conditionality requirements regarding eligibility to social security, including the frequent use of extremely punitive benefit sanctions as a means of “changing behaviours,” highlighting plainly that the Conservatives regard unemployment and disability as some kind of personal deficit on the part of those who are, in reality, simply casualties of unfortunate circumstances, bad political decision-making and subsequent politically-constructed socio-economic circumstances.

The word “fair” originally meant “treating people equally without favouritism or discrimination, without cheating or trying to achieve unjust advantage.” Under the Conservatives, we have witnessed a manipulated semantic shift, “fair” has become a Glittering Generality – part of a lexicon of propaganda that simply props up Tory ideology in an endlessly erroneous and self-referential way. Conservative ideology is permeating language, prompting semantic shifts towards bland descriptors which mask power and class relations, coercive state actions and political intentions. One only need to look at the context in which the government use words like “fair”, “support”, “help”, “justice” , “equality” and “reform” to recognise linguistic behaviourism in action. Or if you prefer, Orwellian doublespeak.

The altered semantics clearly signpost an intentionally misleading Conservative narrative, constructed on the basic, offensive idea that people claiming welfare do so because of “faulty” personal characteristics, and that welfare creates problems, rather than it being an essential mechanism aimed at alleviating poverty, extending social and economic support and opportunities – social insurance and security when people need it.

The government claims to be “committed to supporting the most vulnerable” and ensuring “everyone contributes to reducing the deficit, and where those with the most contribute the most.” That is blatantly untrue, as we can see from just a glance at Conservative policies.

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Conservative rhetoric is a masterpiece of stapled together soundbites and meaningless glittering generalities. And intentional mystification. Glittering Generalities are being used to mask political acts of discrimination.

Cameron claims that he is going to address “inequality” and “social problems”, for example, but wouldn’t you think that he would have done so over the past five years, rather than busying himself creating those problems via policies? Under Cameron’s government, we have become the most unequal country in the European Union, even the USA, home of the founding fathers of neoliberalism, is less divided by wealth and income, than the UK.

I’m also wondering how tripling university tuition fees, removing bursaries and maintainance grants for students from poorer backgrounds and reintroducing banding in classrooms can possibly indicate a party genuinely interested in extending “equal opportunities.”

It’s perplexing that a government claiming itself to be “economically competent” can possibly attempt to justify spending more tax payers money on appealing a Supreme Court decision that the bedroom tax policy is discriminatory, when it would actually cost less implementing the legal recommendations of the court. As Owen Smith, Shadow Work and Pensions Secretary, said: “Just the Supreme Court session itself will cost the Government more in legal fees than the £200,000 needed to exempt domestic abuse victims affected.

“If the Tories had an ounce of decency they could have stood by the decision and exempted the two groups.

“Instead they are instructing expensive lawyers to fight in the Supreme Court for the right to drive people further into poverty.”

As a consequence of the highly discriminatory and blatantly class-contingent Tory policies, rampant socio-economic inequality apparently is the new Tory “fair”. There is a clear incongruence between Conservative rhetoric and the impact of their policies. This is further highlighted by the fact that the UK is currently being investigated by the United Nations regarding serious contraventions of the human rights of sick and disabled people, and other marginalised groups, because of the dire impact of Conservative welfare “reforms.”

It’s clear that the austerity cuts which target the poorest are intentional, ideologically-driven decisions, taken within a context of other available choices and humane options.

The rise in the need for food banks in the UK, amongst both the working and non-working poor, over the past five years and the return of absolute poverty, not seen since before the advent of the welfare state in this country, makes a mockery of government claims that it supports the most vulnerable.

Income tax receipts to the Treasury have fallen because those able to pay the most are being steadily exempted from social responsibility, and wages for many of the poorer citizens have fallen, whilst the cost of living has risen significantly over this past five years.

The ideologically motivated transfer of funds from the poorest half of the country to the more affluent has not contributed to deficit reduction. It doesn’t take a genius to work out that the cumulative impact of Tory tax and welfare changes, from out-of-work and in-work benefits to council tax support, to the cut in the top rate of income tax and an increase in tax-free personal allowances, has been extremely regressive and detrimental to the poorest.

The revenue gains from the tax changes and benefit cuts were offset by the cost of tax reductions, particularly the increase in the income tax personal allowance, benefitting the wealthiest.

The Treasury response to this is to single out the poorest yet again for more cuts to “balance the books” – which basically translates as the Conservative “small state” fetish, and deep dislike of the gains we made from the post-war settlement. Yet for a government that claims a non-interventionist stance, it sure does make a lot of interventions. Always on behalf of the privileged class, with policies benefitting only the wealthy minority.

How can Conservatives believe that poor people are motivated to work harder by taking money from them, yet also apparently believe that wealthy people are motivated by giving them more money? This is not “behavioural science,” it’s policy-making founded entirely on traditional Tory prejudices.

The government claim that “Every individual policy change is carefully considered, including looking at the effect on disabled people in line with legal obligations,” but without carrying out a cumulative impact assessment, the effects and impacts of policies can’t possibly be accurately measured. And that is intentional, too.

Despite being a party that claims to support “hard-working families,” the Conservatives have nonetheless made several attempts to undermine the income security of a signifant proportion of that group of citizens recently. Their proposed tax credit cuts, designed to creep through parliament in the form of secondary legislation, which tends to exempt it from meaningful debate and amendment in the Commons, was halted only because the House of Lords have been paying attention to the game.

The use of secondary legislation has risen at an unprecedented rate, reaching an extraordinary level since 2010, and it’s increased use is to ensure that the Government meet with little scrutiny and challenge in the House of Commons when they attempt to push through controversial and unpopular, ideologically-driven legislation.

Conservative cuts are most often applied by stealth, using statutory instruments. This indicates a government that is well aware that its policies are not fit for purpose.

We can’t afford Conservative ideological indulgence.

The National Audit Office (NAO) scrutinises public spending for Parliament and is independent of government. An audit report earlier this month concluded that the Department for Work and Pension’s spending on contracts for disability benefit assessments is expected to double in 2016/17 compared with 2014/15. The government’s flagship welfare-cut scheme will be actually spending more money on the assessments themselves than it is saving in reductions to the benefits bill – as Frances Ryan pointed out in the Guardian, it’s the political equivalent of burning bundles of £50 notes.

The report also states that only half of all the doctors and nurses hired by Maximus – the US outsourcing company brought in by the Department for Work and Pensions to carry out the assessments – had even completed their training.

The NAO report summarises:

5.5
Million assessments completed in five years up to March 2015

65%
Estimated increase in cost per ESA assessment based on published information after transfer of the service in 2015 (from £115 to £190)


84%
Estimated increase in healthcare professionals across contracts from 2,200 in May 2015 to 4,050 November 2016

£1.6bn
Estimated cost of contracted-out health and disability assessments over three years, 2015 to 2018

£0.4 billion
Latest expected reduction in annual disability benefit spending

13%
Proportion of ESA and PIP targets met for assessment report quality meeting contractual standard (September 2014 to August 2015).

This summary reflects staggering and deliberate economic incompetence, a flagrant, politically-motivated waste of tax payers money and even worse, the higher spending has not created a competent or ethical assessment framework, nor is it improving the lives of sick and disabled people.

The government claim they want to “help” sick and disabled people into work, but nearly 14,000 disabled people have lost their mobility vehicle after the changes to Personal Independence Payments (PIP) assessment, which are carried out by private companies. Many more, yet to be reassessed, are also likely to lose their specialised vehicles.

In 2012, Esther McVey revealed that the new PIP  was about cutting costs and that there were targets to reduce the number of successful claims when she told the House of Commons:330,000 of claimants are expected to either lose their benefit altogether or see their payments reduced.How else could she have known that before those people were actually assessed? A recent review led the government to conclude that PIP doesn’t currently fulfil the original policy intent, which was to cut costs and “target” the benefit to “those with the greatest need.”

That basically meant a narrowing of eligibility criteria for people formerly claiming Disability Living Allowance, increasing the number of reassessments required, and limiting the number of successful claims. The government have used the review to attempt to justify further restrictions to PIP eligibility, aimed at cutting support for people who require aids to meet fundamental needs such as preparing food, dressing, basic and essential personal care and managing incontinence. “Greatest need” has become an ever-shrinking category under Conservative austerity measures. 

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The use of political pseudo-psychological “diagnoses” to both stigmatise and “treat” what are generally regarded by the Conservatives as deviant behaviours from cognitively incompetent citizens, infering that the problem lies within the individual rather than in their circumstances, or arise as a consequence of political decision-making and socio-economic models, has become the new normal. We are discussing people here who have been deemed too ill to work by their own doctor AND the state. Not for the first time, the words Arbeit macht frei spring to mind.

Welfare has been redefined: it is preoccupied with assumptions about and modification of the behaviour and character of recipients rather than with the alleviation of poverty and ensuring economic and social wellbeing.

The stigmatisation of people needing benefits is designed purposefully to displace public sympathy for the poor, and to generate moral outrage, which is then used to further justify the steady dismantling of the welfare state.

It is the human costs that are particularly distressing, and in a wealthy, first world liberal democracy, such draconian policies ought to be untenable. Some people are dying after being wrongly assessed as “fit for work” and having their lifeline benefits brutally withdrawn. Maximus is certainly not helping the government to serve even the most basic needs of sick and disabled people.

However, Maximus is serving the needs of a “small state” doctrinaire neoliberal government. The Conservatives are systematically dismantling the UK’s social security system, not because there is an empirically justifiable reason or economic need to do so, but because the government has purely ideological, anticollectivist prescriptions. Those prescriptions are costing the UK in terms of the economy, but MUCH worse, it is costing us in terms of our decent, collective, civilised response to people experiencing difficult circumstances through no fault of their own; it’s costing the most vulnerable citizens their wellbeing and unforgivably, it is also costing precious human lives.

It’s not just that Conservative rhetoric is incoherent and incongruent with the realities created by their policies. Policy-making has become increasingly detached from public needs and instead, it is being directed at “incentivising” and “changing behaviours” of citizens to meet a rigidly ideological state agenda. That turns democracy completely on its head. There is no longer a genuine dialogue between government and citizens, only a diversionary and oppressive state monologue.

And it’s the sound of one hand clapping.

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There are many ways of destroying people’s lives, not all of them are obvious. Taking away people’s means of meeting basic survival needs, such as money for food, fuel and shelter – which are the bare essentials that benefits were originally calculated to cover – invariably increases the likelihood that they will die. The people most adversely and immediately affected are those who have additional needs for support.

The moment that sick and disabled people were defined as a “burden on the state” by the government, we began climbing Allport’s Ladder of Prejudice.

Whilst I am very aware that we need take care not to trivialise the terrible events of  world war 2 and Nazi Germany by making casual comparisons, there are some clear and important parallels on a socio-political level and a psycho-social one, that I feel are crucially important to recognise.

Gordon Allport studied the psychological and social processes that create a society’s progression from prejudice and discrimination to genocide. In his research of how the Holocaust happened, he describes socio-political processes that foster increasing social prejudice and discrimination and he demonstrates how the unthinkable becomes acceptable: it happens incrementally, because of a steady erosion of our moral and rational boundaries, and propaganda-driven changes in our attitudes towards “others” that advances culturally, by almost inscrutable degrees.

The process always begins with the political scapegoating and systematic dehumanisation of a social group and with ideologies that identify that group as an “enemy” or a social “burden” in some way. A history of devaluation of the group that becomes the target, authoritarian culture, and the passivity of internal and external witnesses (bystanders) all contribute to the probability that violence against that group will develop, and ultimately, if the process is allowed to continue evolving, genocide.

If you think this observation is “extreme” then you really haven’t been paying attention. By 2012, hate crime incidents against disabled people had risen to be the highest ever recorded. By 2015, there was a further 41 per cent rise in disability hate crime. This is the so-called “civilised” first world, very wealthy liberal democracy that is the UK.

Most disabled people have worked, contributed to society, paid taxes and national insurance. Those that haven’t genuinely cannot work, and as a decent, civilised society, we should support them. Being ill and disabled is not a “lifestyle choice.” Unfortunately it can happen to anyone. A life-changing accident or illness doesn’t only happen to others: no-one is exempted from such a possibility. That this government thinks it can get away with peddling utter nonsense about the characters, lives and motivations of a marginalised social group, dehumanising them, directing hatred, resentment, prejudice and public derision towards them, demonstrates only too well just how far we have moved away from being a decent, civilised society. 

It seems to be almost weekly that there’s a report in the media about a sick and disabled person dying after being told by the state that they are “fit for work” and their lifeline benefits have been halted, or because the state has sanctioned someone and withdrawn their only support. There are many thousands more suffering in silence, fearful and just about living.

 

Mother who faced bedroom tax eviction after son’s suicide found hanged with note to David Cameron

An inquest has heard that Frances McCormack, a 53-year-old school cook, had been hounded for bedroom tax payments since the tragic suicide of her 16-year-old son, Jack Allen, in 2013. A handwritten note, dated 10 days before her death, was found in her bedroom, part of which was addressed to David Cameron, outlining the hardships and distress that the Bedroom Tax was causing her.

Ms McCormack’s body was discovered by her close friend Natalie Richardson at her home in Maltby, near Rotherham.

An eviction notice was served on Ms McCormack the day before her body was discovered, the court heard.

Frances McCormack had been helping Rotherham Council with its suicide prevention work following the tragic suicides of an increasing number of local young people.

Her ex-husband Jimmy Allen said after the inquest: “She was a strong-willed woman and a good, loving mother. This was a totally unseen body blow to the family.”

Close friend Natalie Richardson told the Doncaster inquest: “Frances had spoken to me previously about the property.

“She wanted to buy into it, it was where the three boys were raised and where Jack took his last breaths, ate his last meal and spoke his last words.

“She was a very strong woman, very strong minded. I felt she was getting a lot better with herself. She had decided to go out a bit more, she had started going to the gym, she was very focused and always had something to do.

“She never gave me any kind of inkling and was strong for me when my partner passed away. She was my rock.”

A Department for Work and Pensions spokesman said: “Our sympathies are with the family of Ms McCormack. This is a tragic and complex issue and it would be misleading to link it to one cause.”

The cause of Frances McCormack’s suicide was the distressing impact of a cruel and punitive policy that is intentionally designed to target our poorest and most vulnerable citizens. Frances was already vulnerable because she was grieving her son. But she was also bravely supporting others, in her contributions to suicide prevention work. It must have been profoundly distressing to receive notice that she was to be forced out of her family home.

How many more suicides will it take before this souless, indifferent government recognise the all too often devastating consequences of their “reforms” and engage with citizens, honestly and openly investigating their accounts, and those of campaigners, academics and professionals? There is an established correlation between Conservative austerity cuts and an increase in suicides and deaths that demands urgent investigation.

Surely what is needed, instead of a wall of oppressive political denial, is a democratically accountable impact assessment of the Conservative’s draconian and ideologically-driven policies. Denying other people’s experiences of inflicted political cruelty is the hallmark of Despotism. It’s not the behaviour one would expect from an elected government in a first-world liberal democracy.

Recent research by Iain Duncan Smith’s own department showed 78% of bedroom tax victims were penniless by the month’s end and at least half had to turn down their heating.

The study report was released on December 17 – the very last day of parliament before the Christmas break.

The Labour Party have confirmed the report was received by the Department for Work and Pensions on December 8 and signed off completely for publication on December 11.

A Department for Work and Pensions spokesman insisted it was standard practice for there to be a week’s delay between reports being received and published online.

But the shadow work and pensions secretary Owen Smith said: 

“The Tories are right to be ashamed about a report showing the Bedroom Tax is driving people deeper and deeper in to poverty.

“Iain Duncan Smith should show some decency, by being honest about the damage his hated policy is causing. Then listen to Labour’s calls to scrap the Bedroom Tax at once.”

The government released 36 ministerial statements – compared to three or four on an average day – in a mountain of information on the last day of Parliament before Christmas. Anyone would think the Conservatives want to avoid any democratic scrutiny or accountability.

Alison Garnham of the Child Poverty Action Group said:

“The DWP’s own evaluation finds the ‘bedroom tax’ is not only pushing families into hardship but it’s also failing to free up more accommodation for families – the key argument ministers used to justify this controversial policy.

“This is a long and deep look at a hugely controversial policy – it really should not have been released just as MPs rise for Christmas.”

Department for Work and Pensions sources maintain that the bedroom tax is “fair”, claiming that it was “wrong” that “taxpayers had to “subsidise” benefit claimants to live in houses that are “larger than they require.”

However, most benefit claimants have actually worked or are working in low paid jobs, and have therefore contributed to their own provision.

It would be far more reasonable, credible and valid to object to the “taxpayer” having to subsidise big businesses who are avoiding paying their taxes. The public are paying for a grotesquely greedy level of bonuses and multimillion figure salaries awarded to incompetent private sector CEOs. Only a quarter of government revenue comes from income tax, with much of the rest coming from national insurance and indirect taxes such as VAT, paid by the population as a whole, including by those people needing social security. But tax avoidance is widespread amongst much of the corporate and wealthy elite that benefits so much from state handouts. There’s a real “culture of entitlement” that the Conservatives happily endorse. And it is costing us far more than the welfare state, established for those in need, after the war.

In the Conservative benefit-cutting climate of austerity Britain, one of the wealthiest nations of the world, disability charities have reported that the despicable scapegoating “scrounger” rhetoric has provoked a significant surge in abuse and hate crime towards disabled people. But the behaviour of state-funded private contractors such as G4S and Atos must surely raise the question of who the “scroungers” really are.

In April 2014, Atos was forced to abandon their contract with the government because of a growing backlash, but not before they had syphoned off very large sums of public money. Meanwhile, sick and disabled people have had their support brutally slashed to the bone, people have died as a consequence of that. Yet our welfare state is being used as a sporting arena for big business profit-making, eating up public funds that were supposed to help people who have encountered difficulties meeting their basic needs through losing their job or becoming ill. Now there is a cause for public and political outrage.

The selling of our public services and lucrative contracting out of state functions to private companies who exchange public money for a notoriously poor service is a prominent feature of Tory “small state” Britain. Tax-funded corporate welfare has never been more generous. Another such woefully inept business is A4e, a welfare-to-work company dogged by controversy over poor performance and corruption. Former chairman Emma Harrison paid herself £8.6m in dividends, all courtesy of the taxpayer. In February 2014, four former A4e employees admitted committing acts of fraud and forgery after charging the state for working for clients that did not even exist.

The Conservative’s draconian policies, which they claim were intended to “solve” Britain’s housing crisis, have done nothing but actually make it worse. The Tories have overseen the withdrawal of the right to lifetime tenancies, introduced a dubious “help to buy” guarantee that further inflates housing costs and they have imposed an arbitrary benefits cap, applied indiscriminately whatever a family’s size or needs, which will see an exodus of poorer people, effectively bringing about a “social cleansing” of the capital and other major cities.

Few groups have suffered more than disabled people from this government’s five years in office. Though the human rights of women and children have also been violated by this government’s grinding and unrelentlessly discriminatory legislative machine.

I wrote earlier about the grave concerns regarding the impact of the next round of proposed housing benefit cuts on the most vulnerable social groups from within the housing sector. A specialist housing association has warned that people under the age of 35 in mental health accommodation face rent shortfalls of almost £200 a week under  government plans to cap housing benefit for social housing tenants at Local Housing Allowance rates. Financial modelling shows that at least 95 per cent of supported housing providers would be forced to evict their tenants if the government succeeds in slashing housing benefits.

Capping benefits at the level of Local Housing Allowance (LHA), the council-administered benefit for people in the private rented sector, would affect almost everyone in supported housing.

Every single Tory austerity measure targets the most vulnerable and those citizens with the very least to lose, and not “those with the broadest shoulders,” as Cameron claimed would be the case in 2010.

Charities, mental health professionals, campaigners and researchers have warned the government that austerity cuts are causing mental distress and are linked to rise in suicides.  Research published in September 2015 by Mind, the UK’s largest mental health charity, reported that for people with mental health problems, the Government’s flagship back-to-work scheme, the Work Programme, made their distress worse in 83 per cent of cases. 

A letter, published before the 2015 election, signed by 442 professionals ranging from psychologists to epidemiologists, stated:

“The past five years have seen a radical shift in the kinds of issues generating distress in our clients: increasing inequality and outright poverty, families forced to move against their wishes, and, perhaps most important, benefits claimants (including disabled and ill people) and those seeking work being subjected to a quite new, intimidatory kind of disciplinary regime.”

Psychologists Against Austerity, an alliance of mental health professionals, formed with the aim of directly challenging the cuts and welfare changes that they said were adding to mental distress. The group produced a briefing paper that includes five “austerity ailments” that contribute to worsening mental distress and despair. These are: humiliation and shame, instability and insecurity, isolation and loneliness, being trapped or feeling powerless, and fear and distrust.

The government continue to deny any “causal link” between their draconian policies and an increase in suicide, refusing to carry out an investigation into the impacts of their callous legislative authoritarianism that not only treats our poorest and most vulnerable citizens with disgusting contempt, but also systematically and shamefully contravenes their human rights.

 

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The UN Inquiry into the Rights of Persons with Disabilities in the UK – Commons Briefing

 

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The House of Commons Library have issued a research briefing, published on Wednesday January 13, 2016, regarding the UN Inquiry into the Rights of Persons with Disabilities in the UK:

“The UN Committee on the Rights of Persons with Disabilities is conducting an inquiry into the impact of the UK Government’s policies on people with disabilities in relation to their human rights obligations. This briefing paper provides information on the Committee, details of the inquiry and an overview of the Government’s policies in relation to people with disabilities.

The inquiry is being conducted under the Optional Protocol to the Convention on the Rights of Persons with Disabilities, to which the UK has been a signatory since 2007. The Optional Protocol allows the UN Committee to investigate a State Party if they have received reliable evidence of ‘grave and systematic violations of the Convention’.

Investigations by the Committee are confidential, and the process, extent and scope of this inquiry are unknown. However, it is believed the inquiry will consider policies introduced by the Coalition Government since 2010 in relation to welfare and social security benefits, and in particular their compatibility with Articles 19 and 28: the rights of persons with disabilities to live independently and to enjoy an adequate standard of living.

The UK is the first country to be investigated by the UN in relation to this Convention.

This paper gives some background to the UN Committee on the Rights of Persons with Disabilities and the Convention, as well as providing an overview of what we know about the UN inquiry. It then outlines a selection of policies introduced under the Coalition Government which have had an impact on people with a disability covering housing, education, welfare, justice, healthcare and employment.

The UN Committee report, along with the UK Government’s response, is not expected to be published until 2017.”

You can read the briefing in full here –The UN Inquiry into the Rights of Persons with Disabilities in the UK

It’s also worth reading the two submissions to the inquiry from the Equality and Human Rights Commission, summarised by the UK Administrative Justice Institute and linked on hereEvidence of the impact of welfare reforms on disabled people

Many thanks to Samuel Miller for flagging this up and for all of his outstanding work.

Court rules that Tory benefit cap unlawfully discriminates against disabled people

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A high court judge has ruled that Iain Duncan Smith’s welfare policy unlawfully discriminates against disabled people by failing to exempt their carers from the benefit cap. The ruling is the second this year to criticise the cap. In March, the supreme court found that the cap left people claiming benefits unable to house, feed or clothe their family and was therefore in breach of the UK’s obligations regarding international human rights.

Mr Justice Collins said the government’s decision to apply the cap to full-time carers for adult relatives had created serious financial hardship for them, forcing many to give up caring for loved ones, and had also placed extra costs on the NHS and care services.

The ruling comes after two carers brought the case against the Department for Work and Pensions (DWP) following serious concerns that the benefit cap would unfairly harm those who care for their disabled children and relatives. The carers were caring for more than 35 hours a week, the judge said that they were effectively in work, even though they were in receipt of benefits, and therefore should be exempt from the cap.

Carers are able to claim about £60 a week if they care for relatives. These claims, however, were to be included in the £500 a week  benefit cap, which was introduced by the government in the belief that so-called “workless” families need to experience financial loss, a decrease in basic security and a severe decline in their standard of living in order to “incentivise” them to try harder to get a job.

On Thursday, the High Court ruled that the government had breached article 14 of the European Convention on Human Rights. Family carers who receive Carer’s Allowance should be exempt from the benefit cap. The High Court ruled that the Secretary of State for Work and Pensions had indirectly discriminated disabled people by failing to exempt unpaid carers for disabled family members from the cap.

Collins said: “To describe a household where care was being provided for at least 35 hours a week as ‘workless’ was somewhat offensive. To care for a seriously disabled person is difficult and burdensome and could properly be regarded as work.” 

Campaigners have welcomed the decision, highlighting the damaging effects the cap would have had on carers looking after  adult disabled relatives.

Rebecca Hilsenrath, chief executive of the Equality and Human Rights Commission, said: “We are pleased that the court has found the impact on disabled people of losing a family carer had not been properly considered.

“The effect could be profound and the loss of a trusted carer devastating.

“The substantial reduction of income could jeopardise the ability of those affected to continue to care for severely disabled relatives. The court noted that the Secretary of State did not provide any information to Parliament about the effect on disabled people if their family carer were unable to continue.

“The court also held that, rather than saving public money, it would cost considerably more for the care to be provided by local authorities or the NHS.”

Laywers acting for the secretary of state had argued that unpaid carers should be treated as unemployed people who should have to make the same choices as anyone else about whether to work or cut their living costs. But Collins said those providing full-time care could not be in full-time work unless they gave up or cut back significantly on their caring responsibilities.

Unpaid carers made “a huge contribution to society” and “saved the taxpayer the equivalent of £119bn a year,” he said. Were carers forced to give up their role, taxpayer-funded services would have to spend huge amounts providing the care instead.

The judge added that the government should exempt carers because “the cost to public funds if the cap is to be maintained is likely to outweigh to a significant extent the cost of granting the exemption.”

He said: “Nowhere in the impact assessments or in what was put before Parliament was the effect on the disabled of loss of family carers raised. It in my view should have been, since it ought to have been apparent that the impact of a possible loss of a trusted family carer could be profound.

“Reconsideration will I hope be given to whether the present regulatory regime is appropriate, having regard to the hardship it can and does produce.”

A DWP spokesperson said: “We are pleased that the court agrees that the benefit cap pursues a legitimate and lawful aim.

The court didn’t actually agree that.

“The Government values the important role of carers in society – and 98% are unaffected by the cap. We are considering the judgment and will respond in due course.”

On Thursday, the following “urgent” bulletin was released from the Department for Work and Pensions:

Judicial Review in the case of R v Secretary of State of the inclusion of Carer’s Allowance in the benefit cap.

1. Today the judgment has been handed down in a judicial review in the case of R v Secretary of State of the inclusion of Carer’s Allowance in the benefit cap.

2. We are pleased that the Court agrees that the benefit cap pursues a legitimate and lawful aim.

3. However the Court has asked us to look again at the indirect impact on those disabled people whose carer is subject to the cap on household benefit payments.

4. We will consider this judgment and set-out our position in due course. We are continuing to apply the benefit cap as now, and there is no change to applying the cap to carers.

 
The bulletin also provides some questions with answers to enable staff to respond to any enquiries they may receive. You can read those here.

The standard responses to many of the anticipated questions are:

 “We are considering the judgment and will set-out our position in due course.”

“The benefit cap continues to apply.”

 Steve Bell cartoon


Amnesty International UK poll shows little support for abolition of Human Rights Act

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In response to the atrocities committed during World War two, the International Community sought to define the rights and freedoms necessary to secure the dignity and worth of each individual. In 1948 the newly formed United Nations adopted the Universal Declaration of Human Rights (UDHR), one of the most important agreements in world history.

Shortly afterwards another newly formed international body, the Council of Europe, set about giving effect to the UDHR in a European context. The resulting European Convention on Human Rights was signed in 1950 and ratified by the United Kingdom, one of the first countries to do so, in 1951. At the time there were only ten members of the Council of Europe.

Now 47 member countries subscribe to the European Convention, and in 1998 the Human Rights Act was passed by the Labour Party in order to “give further effect” to the European Convention in British law. It consolidates international laws and includes provision for the British public have their cases heard British courts instead of having to travel to Strasbourg.

We reported that the Government intend to controversially scrap the Human Rights Act by next summer, and replace it with a British “Bill of Rights.”

A  12-week public consultation on the Conservative Bill of Rights will start in November or December this year. It will be worded to clarify that the UK will not pull out of the European Convention of Human Rights (ECHR), as some critics have feared, it will even mirror much of the ECHR language in an effort to “calm opposition.”

However, Amnesty International (UK) have commissioned a poll, and it seems that the British public are not particularly willing to see any change to existing Human Rights legislation, with only one in 10 people in the UK (11%) believing that scrapping the Human Rights Act should be a government priority.

The poll results were released over the weekend, and also showed that almost half (46%) of people in the UK would not want to remove any of the rights currently included in the Human Rights Act from a new bill of rights. This said, a minority (16%) also felt that the death penalty should not be outlawed in a new bill.

The new ComRes survey found that more than three-quarters (78%) of people in the UK think that rights, laws and protections must apply to everyone equally in order to be effective, while 67% agree that governments should not be able to choose which rights they enforce.

Kate Allen, the Director of Amnesty UK, said the survey indicates that the Government should abandon its “ill-advised” plans to repeal the Human Rights Act because there is “simply no appetite” for it.

She said: “The British people clearly want the Government to get on with their proper business of the day-to-day running of the country, and abandon these destructive plans.

“It’s quite right that it shouldn’t be up to governments to pick and choose which rights we are entitled to and select who they deem worthy of them. It took ordinary people a very long time to claim these rights and we mustn’t let politicians take them away with the stroke of a pen.

“It’s great to have it confirmed that British people think that rights and protections must apply to everyone equally in order to work at all.

“That includes people whose beliefs and actions we might profoundly disagree with, and it’s all the more important we stick to our enduring principles in challenging times.

“This is no time for the British government to set about dismantling and undermining human rights protections.”

We reported have that the government is currently facing investigations regarding serious allegations of contraventions of the human rights of disabled people and other protected social groups. The UK is also in breach of the rights of women and children.

A leak has revealed that Michael Gove will unveil British bill of rights to replace the Human Rights Act before Christmas. The justice minister is reportedly also seeking a “crackdown” on the so-called “human rights industry,” introducing measures intended to reduce the compensation individuals can win from public bodies following human rights claims.

Human rights groups have called the Government’s desire to scrap the  Human Rights Act “destructive”. The Ministry of Justice has of course claimed the details leaked over the weekend, were “speculation”.

The leaked draft proposals, which will be put out for a three-month consultation within weeks, indicate that the UK will remain a signatory to the European Convention on Human Rights. However, domestic courts would not be “automatically bound” to follow European Court rulings and ministers are also considering ways of guaranteeing the UK parliament’s sovereignty explicitly in law.

Harriet Harman, who is now the chair of parliament’s Joint Committee on Human Rights, has written to Michael Gove, asking whether he could confirm that the government had officially ruled out withdrawing from the European Convention on Human Rights and if it would “abide by the final judgment of the ECHR in any case to which they are parties”.

I can quite understand her need for some clarity on this issue, as Cameron has previously pledged to leave the ECHR. The Sunday Times have released details of a leak revealing plans to scrap the Human Rights Act. Again.

Harman said: “In the first six months, government proposals have gone from a bill in the Queen’s speech to ‘proposals’ to ‘a consultation’. The timescale has moved from the first 100 days to this autumn and thenin a few months’ time‘.

“There is no more clarity about the government’s plans than there was back in May: we have no indication as to whether the government intends to publish a white paper, draft clauses or indeed a draft bill for pre-legislative scrutiny. It’s essential that such a vital issue is widely scrutinised and debated – and not just by politicians and lawyers. Twelve weeks is not enough.”

Lord Falconer, Labour’s Shadow Justice Secretary, responding to the reports in the Sunday Times of the Tories’ plans, said:

“These are ill-thought out, illiterate and dangerous plans. The Human Rights Act has helped some of the most vulnerable people in our society. To talk about a “victims’ culture” is shocking and clear evidence that the Tories are intent on reducing people’s fundamental rights.

“They say they don’t want to withdraw from the European Convention on Human Rights but their plans clearly show that they have misunderstood the relationship between our courts and the European Court and their approach could result in such tensions that we would have to withdraw. 

“For the Government to dither over this issue and send a message that it’s ok to pick and choose the human rights you like does incredible damage both at home and to the UK’s standing in the world.

“Labour will stand firm in support of the Human Rights Act and oppose any watering down of people’s fundamental rights.”

Equal access to justice and protection of universal Human Rights is the bedrock of democracy, the alternative to this is that some people simply cease to be free.

The HRA is quite often portrayed by the Right as a party political measure. However, whilst the Human Rights Act is ultimately recognised as one of the greatest legacies of Labour in government, Cameron seems oblivious to the fact that Human Rights are not objects to be bartered away. They arose from struggles that were begun long ago by past generations who gave their lives for these rights to be enshrined in our laws.

Labour’s Human Rights Act ought to be a source of national pride. It is a civilised and a civilising law. It ensures that Britain remains a nation where key universal benchmarks of human decency and protections against state abuse are upheld by the courts. 

There is already a modern British bill of rights already. It is called the Human Rights Act.