Tag: Discrimination

‘Disability confident’ DWP acted ‘perversely’ in sacking of disabled woman, court says

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The government’s meaningless Disability Confident campaign.

The Guardian reports that a disabled woman was discriminated against when she was unfairly sacked by the Department for Work and Pensions, which behaved in a “perverse” and “blinkered” manner, a judge has found. 

Isabella Valentine was employed by the DWP on a programme designed to get vulnerable, long-term unemployed people back into work by nurturing and training apprentices over a 12-month period, bringing them to a point where they could apply for jobs in the usual way. Instead, “inexplicable and strange” disciplinary measures were taken by the DWP after just four days’ sickness that led to Valentine’s dismissal. 

“I suffer regular migraines that are so severe and unpredictable that I am officially classed as disabled. Because of that and a lack of qualifications, I haven’t been able to find decent employment,” said Valentine.

“When I was handpicked for this programme, I was so happy. I hoped that I had finally found employers who would let me do a good job while being understanding of the time off I sometimes have to take because of my migraines. 

“Instead, I was made to feel small and so stressed that my migraines got even worse. Not only were no reasonable adjustments made for my disability as legally required but I was subject to the same strict and unbending rules that permanent employees had to work by.” 

She added: “My manager started harassing me on the first day I took off sick because of a migraine. By the fourth day, the department had started disciplinary proceedings and decided to dismiss me. Which it then did.” 

In his judgment, the employment judge, Robin Postle, said: “[Valentine’s treatment] does beg the question, why, given the nature of why the claimant was put on the course, to try and get her back into the workplace, the [DWP] did not make reasonable adjustments [under the Equality Act 2010], in disregarding migraine absences, or indeed, simply taking no further action. The claimant has suffered unfavourable treatment and she had a disability.” 

The DWP has been taken to the employment tribunal by staff almost 60 times over claims of disability discrimination in a 20-month period. The DWP, which has about 75,000 staff, has the worst record on disability discrimination of any large government department with 57 cases, compared with 20 cases against the Home Office (which has about 30,000 staff), 32 against the Ministry of Justice (about 70,000 staff) and 29 against HM Revenue and Customs (about 60,000 staff). 

The number of allegations made by disabled staff is surprising because the DWP is responsible for the much-criticised Disability Confident scheme, which aims to help employers recruit and retain disabled employees. DWP claims to be a Disability Confident leader”, the highest of the scheme’s three levels. 

Valentine’s manager was told she would require extra support and leeway to enable her to complete the course. The Suffolk Law Centre solicitor Carol Ward fought the case as part of the National Lottery Reaching Communities-funded project Tackling Discrimination in the East, said: “The behaviour of the DWP was particularly inexplicable and strange because the whole point of the course was to help the apprentices who struggled to cope in the workplace. 

“The claimant had been personally chosen by a DWP work coach. The scheme specifically said apprentices would need nurturing and support, and that they weren’t expected to contribute to the business in the same way as those recruited in the usual way. But as soon as she hit the four-day absence trigger, disciplinary procedures were started.” 

The behaviour of Valentine’s managers was, the judge found, “frankly perverse”. Meetings with Valentine were frequently misrepresented in “clearly incorrect” letters sent by her direct manager. 

Instead of exercising the discretion available to her, the same manager “slavishly followed the policy in a blinkered manner”, while a second manager “had a closed mind”. A third manager who conducted Valentine’s appeal failed to do basic checks on the considerable leeway that had been granted to many other apprentices on the same course.

The consequence was a “predetermined decision” to dismiss Valentine before she had even returned from her second period of sick leave. 

“This was particularly surprising given the fact that [one of the managers said] it became clear very quickly that this was a group of people who needed a lot of support as they were not used to the working environment and needed support to help them cope,” said the judge. 

The DWP said: “We accept this decision. Our general approach is a supportive one – we provide employees with free access to counselling, health advice, physiotherapy and workplace adjustments to manage absences, and we do not dismiss staff without proper consideration and taking professional advice.”

The evidence strongly suggests otherwise. 

 


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Why private landlords are calling for ‘major overhaul’ of Universal Credit, many refuse to let properties to ‘high risk’ universal credit claimants

A 2011 survey found the most common reasons for landlords to refuse tenants were antisocial behaviour, unpaid rent and damage.

Earlier this year, research by Heriot-Watt University highlighted that England has a backlog of 3.91 million homes, meaning 340,000 new homes need to be built each year until 2031. This figure is significantly higher than the government’s current target of 300,000 homes annually. 

The findings comes as rough sleeping has risen by 169 per cent since 2010, while the number of households in temporary accommodation is on track to reach 100,000 by 2020 unless the government takes steps to deliver more private, intermediate and social housing. The annual Homelessness Monitor shows that 70 per cent of local authorities in England are struggling to find any stable housing for homeless people in their area, while a striking 89 per cent reported difficulties in finding private rented accommodation.

Affordability is a big issue in the private rented sector and a major hurdle to many prospective tenants. The way in which housing benefit is calculated for private tenants has changed drastically in the decade, due to the introduction of the Local Housing Allowance system, (LHA), the erosion of both housing benefit and council tax support and the continued government cuts the welfare system. These changes have made some landlords wary and reluctant to rent to tenants in receipt of benefits.

Most tenants receive significantly less housing benefit than they are expected to pay in rent. While there is some conditional support available for some tenants, in the form of Discretionary Housing Payments (DHP), landlords say they are concerned about what they see as an increased risk of rent defaults amongst tenants relying on benefit payments. DHP is a solution only for the short term. 

Evidence in England shows that increasing numbers of private landlords are not renting to Housing Benefit claimants. The National Landlords Association gave evidence to the House of Commons Works and Pensions Committee stating that “…in the last three years there has been a 50% drop in the number of landlords taking people who are on benefits. It is now down to only one fifth; 22% of our landlord members whom we surveyed say they have LHA tenants, and 52% of those surveyed said they would not look at taking on benefits tenants.”

There are also significant worries that the impact of Universal Credit will make renting to people claiming housing benefit even less attractive to landlords. 

The Residential Landlord Association (RLA) have called for an urgent overhaul of how universal credit is paid, as more than half of landlords applied for the benefit to be paid to them instead of the tenant, which, on average, took more than two months to arrange.

David Smith, RLA policy director, said: “Our research shows clearly that further changes are urgently needed to universal credit. 

We welcome the constructive engagement we have had with the government over these issues but more work is needed to give landlords the confidence they need to rent to those on universal credit.

“The impact of the announcements from the autumn budget last year remain to be seen. However, we feel a major start would be to give tenants the right to choose to have payments paid directly to their landlord.”

As well as meaning claimants could get into debt, the system serves to dissuade private landlords from taking on universal credit tenants.

Last year, research carried out by Politics.co.uk revealed that private landlords across the country are refusing to rent out properties to people who claim Universal Credit. Sixty-nine per cent of estate agents contacted in areas where the new benefit has been rolled out said they had no landlords currently on their books who would accept Universal Credit claimants.

The head of policy at the National Landlords Association (NLA), Chris Norris said:

While the NLA supports the concepts behind Universal Credit, it is clearly divorced from the realities of many tenants’ lives. Problems with its implementation and caps to housing benefit mean that many landlords now view letting to tenants in receipt of housing benefit or Universal Credit as high risk, because they simply do not have the confidence that rent will be paid to them on time.” 

I can’t help wondering precisely which ‘concepts behind Universal Credit’ the NLA actually supports, given the acknowledgement that it clearly isn’t meeting ‘many tenant’s’ needs.

Anti-discrimination legislation protects people from both direct and indirect discrimination.  Indirect discrimination occurs where a policy, which is not discriminatory in itself, if likely to impact disproportionately on people who are protected under the Equality Act.  Some people may argue that this type of policy could be seen as indirect discrimination if, for example, housing benefit claimants were predominantly female, disabled or predominantly from an ethnic minority group. However, this type of discriminatory practice can be legal if it can be reasonably justified.  

A landlord whose mortgage lender imposed certain conditions on him or her would be justified in adopting this practice, and some mortgage lenders already refuse to give mortgages to buy-to-let landlords with tenants who claim welfare support..

Several major lenders have denied rumours that they are planning to refuse to offer mortgages to buy-to-let landlords with tenants claiming universal credit. A survey of almost 3,000 landlords with universal credit claimants as tenants by the Residential Landlords Association (RLA) in March and April 2017 showed 38 per cent experienced tenants going into rent arrears – up from 27 per cent in 2016. The average amount at the time owed in rent arrears by universal credit tenants to private sector landlords was £1,150, the RLA stated. 

However, now claimants owe on average almost £2,400 in rent payments, an increase of nearly 50 per cent on the previous year, where the figure was around £1,600, the RLA have said.. Almost two thirds of private landlords have seen tenants receiving universal creditfall into rent arrears, new research shows, amid growing concern the new benefit system is pushing people into poverty.

At the time of the survey those claiming Universal Credit faced at least a six-week wait before receiving their first payment, meaning they are already two months in rent arrears by the time of the first payment, the RLA stated.

Paul Shamplina, founder of eviction service Landlord Action, told FT Adviser: “The landlords we speak to on a daily basis through our advice line are increasingly concerned because for many, rent arrears could mean they fail to meet their own obligations to lenders.  

“Some lenders are even stipulating buy-to-let loans will not be available where tenants are ‘benefit dependent’ and so as a result, landlords are focusing on private tenants where they can achieve higher rents and the risk of arrears is less.

Many lenders do not lend to landlords with tenants who are welfare recipients, but a number of those that do said they had no plans to change their policies as a result of the switch to universal credit.

However, the State-backed lender NatWest told one of its private landlord customers to evict a vulnerable tenant because she was claiming housing benefits or pay up thousands of pounds in early repayment charges and find another lender. This was after digital broker Habito admitted incorrectly advising the customer. 

Helena McAleer was reduced to tears after NatWest said she had breached her mortgage terms by letting her two-bedroom property in Belfast to a tenant in receipt of support from the state. The tenant is an older woman, who suffers from mental health problems and would struggle with the moving process, according to McAleer.

McAleer was given the harsh ultimatum of making her tenant homeless or footing a £2,500 bill to leave the NatWest deal, after asking for a further advance from the lender.

She told Mortgage Solutions: “I was angry at the fact that another human being could ask me to kick out another human being.

“It was very black and white…  they don’t think about that person, you’re just an anonymised piece of data… that’s what hurt me, that’s not fair.”

She added: “[The tenant] is a vulnerable older lady, she has mental health issues; I’m not putting her out on the street.”

The marketing innovation manager remortgaged to NatWest in January through broker Habito, providing information about her tenant’s situation to the digital adviser.

But when she approached NatWest about taking money out of the property to buy in London in September, the lender said it had not been disclosed that the tenant was in receipt of government support.

McAleer refused to remove the tenant and asked NatWest to reconsider.

The tenant has been in place since 2016 and is set to stay for the foreseeable future.

McAleer said: “I have no doubt the tenant will be there for many years which, as a landlord, is great to know.

“Long-term security and payments, I couldn’t ask for a better tenant.”

But NatWest said it would not change its position.

A spokeswoman for the lender said: “The bank has specific lending criteria and is not able to offer mortgages in certain circumstances, including where the applicant or broker has advised they want to let the accommodation to Department of Social Security tenants.

“There are specialist providers who are better suited for customers in this circumstance.”

Habito admitted that it should not have advised McAleer to take out a deal with NatWest.

The digital broker is to pay any early repayment charges, as well as additional costs including new mortgage fees and charges.

A spokeswoman for Habito said: “We are aware of this issue and have been working with Ms McAleer to resolve it.

“We fully acknowledge that the buy-to-let mortgage product we initially advised her on was not appropriate, in light of Natwest’s policy on DSS tenants.

[It’s clear this policy has been in place some time, as the ‘DSS’ is no more, and was replaced with the DWP some years back.]

“With that, however, we are currently advising Ms McAleer on a remortgage and we will be bearing all the costs associated with it.

“Ms McAleer will not be financially impacted by this, nor will she need to make any changes relating to her current tenants.

“Great customer service is of the utmost importance to us at Habito and we look forward to resolving this matter swiftly and to Ms McAleer’s complete satisfaction.”

Lenders with outdated acronyms and outdated attitudes

If you check out the rental listings on websites such as Rightmove, or browse the window of your local lettings agent, you will often see “No DSS”. It means the landlord or agent won’t rent a property to someone on housing benefit or local housing allowance, though some younger readers might not even know what “DSS” stands for (it’s Department of Social Security, and was replaced by the Department for Work and Pensions 16 years ago).

 A number of brokers told Mortgage Solutions it is difficult to find deals for landlords with tenants on benefits. 

Too many lenders have “draconian criteria” based on ‘particular views’ of tenants on benefits, according to Steve Olejnik, managing director of Mortgages for Business.

He said: “It’s a very outdated view of the type of property that attracts people on benefits… that they’re not going to look after the property properly and therefore going to potentially damage the security.

“I just think it’s wrong.”

Whether a tenant is claiming benefits shouldn’t affect the risk of the mortgage, so in theory there is no reason why banks or building societies will not lend, Olejnik added.

He said: “Lenders are underwriting the landlord. A decision to lend should be based on the borrower’s credit profile and ability to pay along with the quality of the security provided.

“It is irrelevant whether the tenant is in receipt of benefits and should not add any bearing to the risk decision.”

Olejnik has called for legislation to stop lenders discriminating against tenants.

Simon Nunn, executive director of member services at the National Housing Federation, said: “While there are still a handful of lenders that operate these kinds of outdated policies, the majority have abandoned these restrictions.

“Rightly, they recognise that banning tenants on housing benefit is both unfair and unenforceable, based on false assumptions and stigma attached to people who receive welfare support.

“We’d encourage all lenders to follow suit by scrapping these restrictions – there needs to be a step-change across the sector to get away from the view that tenants on housing benefit are unwelcome.

“This needs to be matched by renewed commitments from letting agents, insurers, landlords themselves and the government that they will not allow people on housing benefit to be excluded from the rental market.”

Shelter has a guide on convincing a landlord to rent to you. It says local councils may keep lists of private landlords who accept tenants on housing benefit, and that some websites such as SpareRoom allow you to select a “DSS OK” filter. There is also a website called Dssmove that connects tenants with agents and landlords “that say yes to DSS”.

Smartmove can also help tenants make a claim for housing benefit and Discretionary Housing Payments.

The House of Commons Library has produced a briefing on this issue. 

 


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Brendan Mason’s brutal murder reflects the darkest consequence of bias motivated behaviour.

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Brendan Mason, who was brutally murdered by two young men he thought were his friends.
Picture courtesy of the Leicester Mercury

Warning: this article was very distressing to write, and is likely to be very upsetting to read.

Two men who filmed themselves savagely beating a young man with learning difficulties and taunting him, telling him to “smile for the camera”, have been sentenced by Leicester crown court to life imprisonment for his murder. 

In the early hours of 5 July last year, Joshua Hack, aged 21, and Keith Lowe, 22, lured Brendan Mason, a 23 year old man with learning difficulties, to a park, where they said they wanted to spend time with him. Mason believed the two men to be his friends.

When the three of them arrived at the park, Hack and Lowe hung Mason from a tree. They took turns hitting him while the other held him down for several hours, cruelly laughing and taunting him. 

Mason was beaten unconscious, the two young men stripped him naked and threw his body in a pond, leaving him for dead in Abbey Park, Leicester. He was found by park groundsmen at 7.40 am naked, unconscious and bleeding and was airlifted to Walsgrave Hospital in Coventry. 

Medics discovered Mason had 99 separate injuries to his head and body, including brain injury, five broken ribs and a collapsed lung. He died from his injuries later that day.

Hack previously admitted murder. However, Lowe denied it.  However, he was forced to change his plea four days into his trial, after police produced video as evidence of what he did, which he had tried to delete from his phone. 

The court heard the attack had been planned the night before and that Hack and Lowe misinterpreted his behaviour towards a girl at a party. Prosecutor Miranda Moore QC said: “They were describing Brendan as a paedophile and nothing could be further from the truth.”

Mason’s learning difficulties led to a bias in how his ordinary social interactions were perceived.  

She added that police had recovered a “‘trophy’ picture of Lowe standing behind the naked and beaten Brendan, who is sitting cross-legged on the floor”.

A second video, lasting 53 seconds, was deliberately filmed on the mobile phone for others to see. The police managed to retrieve it from cloud storage, showing Lowe taking a direct part in the beating. Lowe had attempted to delete the footage from his phone.

 Moore said: “The audio that goes with it makes that clear.”

The court heard that in the second video, Lowe says: “Brendan. Look at him. Told you whatever he’d done to you, I’d do worse to him, told you that. Move your hand away from your face. Move your hand away from your face now.”

 Moore told the court:

“Officers were able to see the video on the Cloud, showing an unfortunate scene.

It shows Brendan’s battered and naked body with Lowe landing blows.

It was being made for a third party to show them what happened to Brendan.”

The court was also presented with Facebook messages the pair were sending each other while they were in the park with Mason prior to the attack. They used the Facebook messages to plan the attack. Mason who had trusted the two men, believing they were his friends, had no idea to what was about to take place.

At 2:46am, Hack sent Lowe a message saying: “Just hit him and we can both ****off when he’s K’ Od.  Just do it dude.” 

Lowe replied: “Shall we do it because he’s f**ked me off with the lies.”

The court heard how Mason died from inflicted, brutal and unsurvivable brain injuries.

 Mason’s family said in a statement:

“It is not right how two evil people can do such a horrific thing and leave a massive hole in our lives that will never be filled again.

Brendan was a lovely young man and he was so happy. He had numerous learning difficulties and very poor vision.

Even though Brendan had numerous learning difficulties and was very easily led by others, he always knew right from wrong.

The police have been a big part of our life for the past seven months; they have been amazing, but there will never be closure for us.”

Sentencing the two men to life in prison, Judge Michael Chambers said: “You [Lowe and Hack] subjected him [Mason] to a brutal and sustained attack in which you caused him great pain and humiliation.

Brendan Mason was only 23 with his life before him. You subjected him to a merciless attack with extreme violence.

He was sadly a vulnerable young man with learning difficulties. He was kicked mercilessly while naked. The video found was a chilling and deeply disturbing recording of Brendan naked, being kicked repeatedly to the head.

He’s even told to remove his hands from his face so you can kick him. You subjected him to a brutal and sustained attack of extreme violence. You caused him great pain and humiliation.

This was a planned attack, during which you filmed each other assaulting him and you revelled in what you had done, bragging to others. You stripped him naked and left him unconscious. He died later that day.”

The judge added that Hack had lied in his first interview with the police and had even gone with friends to lay flowers at the scene where Mason’s body was found. He said Lowe had bleached his bloodstained trousers, washed his hooded top and hidden his blood-spattered shoes in a bid to cover his tracks.

Senior investigating Officer Detective Chief Inspector Mick Graham said after the trial: “Brendan was known to the defendants and considered them as friends, and they lured him to the park with the full intention of hurting him. Brendan was subjected to a vicious, sustained attack which was filmed by his attackers on their phones. He was left naked and alone in the park having been brutally beaten.”

Hack and Lowe were caught on CCTV footage casually walking into a McDonald’s after they had stripped, hung and then beaten Mason into unconsciousness, seriously and fatally injuring him, and leaving him for dead. Lowe had kept Mason’s mobile phone which he and his then girlfriend were using in the following days.

The growth of prejudice, discrimination and hate crime: Allport’s ladder

Gordon Allport studied the psychological, social, economic and political processes that create a society’s progression from prejudice and discrimination to violence, hate crime and eventually, if the process continues to unfold without restraint, to genocide. In his landmark exploration of how the Holocaust happened, Allport describes psychological and socio-political processes that foster increasing social prejudice and discrimination and he provides insight into how the unthinkable becomes socially and psychologically 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 political scapegoating 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.

Economic recession, uncertainty and authoritarian or totalitarian political systems contribute to shaping the social conditions that trigger Allport’s escalating scale of prejudice. The Conservatives are authoritarians, and prejudice towards vulnerable and socially protected minority groups is almost a cardinal Conservative trait.

Conservatives and the right more generally tend to view the social world hierarchically and are more likely than others to hold prejudices toward low-status groups. This is especially true of people who want their own group to dominate and be superior to other groups – a characteristic known as social dominance orientation. (Pratto, Sidanius, Stallworth, & Malle, 1994). 

Neoliberalism, as an overarching political-economic project of the New Right, establishes and maintains social hierarchies and the strong competitive individualism embedded in neoliberal ideology sets up conflict over resources between social groups, undermining social cooperation and solidarity. 

As inequality has grown in the UK, poverty has also invariably increased, which has caused fear and resentment towards intentional, politically constructed scapegoats and outgroups. 

The nature of prejudice

Prejudice, which is based on unjustified generalisations about groups of people, is reductive, it obscures the complexity of the human experience because the person with prejudices oversimplifies the diversity of life found in a single society or throughout the world.  The rise in prejudice and discrimination in the UK is because of right wing ideology and mythology, designed purposefully to divert the public from the fact that they are being systematically dispossessed of their wealth by a minority, and to maintain the legitimacy (and growing wealth) of those perpetrators in power.

The media is far from objective, benign and politically neutral, in fact we have handful of offshore billionaires that have, along with the government, subverted democracy and established a cultural hegemony. This self-appointed elite are telling you that some human lives are worthless, whilst investing in their own, quite literally, at all cost to our society.

The European Commission against Racism and Intolerance (ECRI) reprimanded some British media outlets, particularly tabloid newspapers, for “offensive, discriminatory and provocative terminology”.

In their report, the ECRI said hate speech was a serious problem in the UK. It cited Katie Hopkins’ infamous column in The Sun, where she likened refugees to “cockroaches” and sparked a scathing response from the UN High Commissioner for Human Rights, and the same newspaper’s debunked claim over “1 in 5 Brit Muslims’ sympathy for jihadis”

“ECRI urges the media to take stock of the importance of responsible reporting, not only to avoid perpetuating prejudice and biased information, but also to avoid harm to targeted persons or vulnerable groups,” the report concluded.

It also named David Cameron and Nigel Farage as among the British politicians and institutions accused of fuelling rising xenophobia in the UK as debate continues to rage over Brexit, the refugee crisis and terrorism.

It found a “number of areas of concern” over intolerant political discourse and hate speech, as well as violent racial and religious attacks.

The media is being used by and large as a right-wing outlet for political techniques of persuasion, our culture has been saturated with a pathological persuasion to hate others. And prejudice tends to multitask, it doesn’t prefer one social group. It grows.

We live in a society where more than one in two disabled people have experienced bullying or harassment in the workplace, according to research by the disability charity Scope.

The survey of 1,009 disabled UK adults during August 2016 reveals 53% have been bullied or harassed at work because of their disability.

We have a government that does not observe the basic rights of disabled people. Furthermore, the Conservatives have systematically contravened the human rights of disabled persons. This is a government that uses gaslighting to avoid dialogue and democratic accountability regarding the consequences of their draconian, discriminatory  and illegal policies. Techniques of neutralisation used by the government include the manipulative use of language that is designed to mislead, for example, using the word “help” and support” to describe punitive policies and harsh cuts to lifeline support for disabled people.

The stereotypical mainstream media portrayals of people with disability and medical conditions as “shirkers” and “fakes”, with a significant increase in articles focusing on disability benefit and fraud has impacted negatively on people’s views and perceptions of  disability related benefits, leading to perceptual bias. This was a tactical political move to de-empathise the public,  preempting any objection and backlash to the brutal cuts the Conservatives applied to disabled people’s lifeline social security.

There are political and economic constraints imposed on this group of people by a highly discriminatory government. This sends out a message to the public – that disabled people have fewer rights than other citizens; that disabled people are not experts of their own condition or experiences and need the state to “incentivise” them to “overcome” their disabilities, and institutionalised discrimination, and that it is okay to direct prejudice at disabled people as they are somehow “less” than other citizens. 

Policies are systemised, intentional political actions and reflect how the government thinks society ought to be. The majority of austerity cuts have been directed at those with disabilities. The recent removal of the Employment Support Allowance (ESA) work related activity component; the scrapping of the Independent Living Fund; the purposeful reduction in those people deemed eligible for ESA using an amended and harsher work capability assessment; the reduction in those deemed eligible for Personal Independent Payment and subsequent access to the motability scheme, may be regarded as punitive measures aimed at an “undeserving” group. Such policies have systematically stigmatised, outgrouped and ultimately, contributed to the cultural dehumanisation of disabled people.

The discriminatory cuts have caused ill people to feel desperate and worthless by depriving them of the practical means to live, and have become another means of promoting an ideology defined by exclusion and inequality. Many people with medical conditions have died as a consequence of not being able to meet their basic needs, people with mental distress and illness have been pushed over the precipice, and have taken their own lives.

There has been a 213 per cent rise in hate crimes against disabled people, with figures rising 40% per year from 2015. Lee Irving was brutally murdered in June, 2015. Irving had severe learning difficulties. He was bullied and tortured over several days at a house in Newcastle. When he died from his terrible injuries, his tormentors dumped his body on a footpath. Wheatley’s mother, Julie Mills, his then girlfriend Nicole Lawrence, 22, and his accomplice Barry Imray, 35, who also has learning difficulties, did nothing to protect Irving. They were bystanders Wheatley’s mother, Julie Mills, 52, his then girlfriend Nicole Lawrence, 22, and his accomplice Barry Imray, 35, who also has learning difficulties, did nothing to protect Irving. They were passive bystanders.

The justification narrative for the last two government’s targeted austerity policies, and the policies themselves have entailed negative role modelling which has influenced the attitudes and behaviours of the public. Hate crimes are bias motivated behaviours.

The major contributing factor to the increase in hate crime is the collective bias, attitudes and behaviours of the current government, which has perpetuated, permitted and endorsed prejudices against social groups, with a largely complicit media amplifying these prejudices. Their policies embed a punitive approach towards the poorest social groups. This in turn means that those administering the policies, such as staff at the department for work and pensions and job centres, for example, are also bound by punitive, authoritarian behaviours directed at a targeted group. 

As authority figures and role models, the government’s behaviour establishes a framework of acceptability. Parliamentary debates are conducted with a clear basis of one-upmanship and aggression rather than being founded on rational exchange. Indeed, Cameron openly sneered at rationality and didn’t engage in a democratic dialogue, instead he employed the tactics of a bully: denial, scapegoating, vilification, attempts at discrediting, smearing and character assassinations. This behaviour in turn gives wider society permission and approval to do the same.

Scapegoating has a wide range of focus: from “approved” enemies of very large groups of people down to the scapegoating of individuals by other individuals. The scapegoater’s target always experiences a terrible sense of being personally edited and re-written, with the inadequacies of the perpetrator inserted into public accounts of their character, isolation, ostracism, exclusion and sometimes, expulsion and elimination. The sense of isolation is often heightened by other people’s reluctance to become involved in challenging bullies, usually because of a bystander’s own discomfort and fear of reprisal. 

The consequences of bystander apathy

Hate crime directed at disabled people has steadily risen over the past five years, and is now at the highest level it’s ever been since records began. That’s the kind of society we have become. 

Prejudice and discrimination cause inequality, which in turn causes more prejudice and discrimination. It requires the linguistic downgrading of human life, it requires dehumanising metaphors: a dehumanising socio-political system using a dehumanising language, and it has now become normalised, familiar and all-pervasive: it has seeped almost unnoticed into our lives. It has started to erode the natural inhibitions that prevent us from inflicting harm on other human beings.

Perpetrators have become increasingly confident in the “validity” of their prejudice, the public are being systematically desensitised and indoctrinated. Mocking, negative stereotypes and negative images become a part of our everyday culture and language: hate speech is normalised, discriminatory policies and practices flourish, hate crimes – bias motivated behaviours – are permitted.

Because we have allowed this process to unfold, as a society. 

The Holocaust is the most thoroughly documented example of the extreme cruelty, savagery and hideousness of dehumanisation. It’s a little too easy to imagine that the Third Reich was an aberration. We can take the easy option and dismiss the Holocaust as a very unusual phenomenon – a mass insanity instigated by a small group of deranged ideologues who conspired to seize political power and exercise their monstrously evil will.

It’s comforting to imagine that these were uniquely cruel and savage people. However, one of the most disturbing discoveries about how the Holocaust happened is not that all of the Nazis were madmen and monsters. It’s that they were mostly ordinary human beings, in a society of ordinary citizens like you and I. 

 

Related

Another bias motivated murder – Who killed Jo Cox?

Conservatives, cruelty and the collective unconscious: behind the cellar door

 



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Words and discrimination: ‘parked’ and ‘vulnerability’

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You can often tell such a lot about people’s views and sometimes, their intentions, by the words and phrases they use. The description of disabled people as being “parked” on benefits (and told/under the impression they will never work again”) is a turn of phrase I loathe. It’s a mantra that’s gained a PR crib sheet resonance from George Osborne and Iain Duncan Smith to Stephen Crabb and Damian Green. To extend the metaphor, parking is subject to the availability of a parking space; permission; to regulations and laws; parking tickets and fines; parking attendants and traffic wardens to police and ensure compliance.

Disability and sickness are compared with the inconvenient abandonment of a vehicle in the middle of a very busy market place. Or the informal blatant plonking and installing of oneself on a sofa or bed, behind outrageously closed curtains in the middle of a busy viral epidemic of the protestant work ethic, prompting further symptoms of oppressive impacted resentments and frank, febrile tutting.

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Yet the Employment and Support Allowance (ESA) Support Group is made up of those individuals who “have a severe limitation which creates a significant disability in relation to the labour market, regardless of any adaptation they may make or support with which they may be provided” (Department for Work and Pensions, 2009: 8).

Disabled people are being excluded, and at the same time, represented in political and mainstream discourse in ways to evoke moral judgments and public emotions such as distrust, disgust and anger. Evidence of state culpability lies in the relationships between political rhetoric, media narrative and punitive, populist social policy.  

However, in official policy documents, welfare cuts have been dressed up as a discourse related to “support” , “social inclusion” and even “fairness” and “equal opportunity”. Though this is only narrowly discussed in terms of employment outcomes. “Inclusion” has been conflated with being economically productive. In contrast, the media rhetoric, and importantly, the consequences of Conservative policies aimed at disabled people, are increasingly isolating and exclusionary, as a result of intentional political outgrouping.

Yet such rhetoric is surely also counter‐productive to even such a limited view of inclusion, inevitably distorting employer responses to ill and disabled people as potential employees. However, Conservative neoliberal policies reflect a consideration of the supply rather than the demand side of the labour market.

“[…] rather than being concerned with the economic position of disabled people in Britain, the development of the Employment and Support Allowance and the Work Programme was concerned with relationships between the supply of labour and wage inflation, and with developing new welfare (quasi) markets in employment services. Attempting to address the economic disadvantages disabled people face through what are essentially market mechanisms will entrench, rather than address, those disadvantages.”  From: Commodification, disabled people, and wage work in Britain – Chris Grover.

Glib, deceptive and diversionary language use and ideological referencing does nothing to address the social exclusion of disabled people, who are already pushed to the fringes of society. Disabled people have become easy political scapegoats in the age of austerity. Scapegoating and outgrouping have become common political and cultural practices. Stigma is being used to justify the most regressive social policies since before the foundation of the welfare state in the 1940s.  

Patronising and authoritarian Conservatives like to speak very loudly over disabled people, and tell us about our own experiences because they really believe we can’t speak for ourselves. They simply refuse to listen to people who may criticise their policies, raising the often dire consequences being imposed on us because of the “reforms”  CUTS. I also think that we are witnessing the most powerful anti-intellectual and anti-rational ethos in government in living memory.

Whilst Conservative rhetoric lacks coherence, rationality, integrity and verisimilitude, it has an abundance of glittering generalities and crib sheet repetition designed from supremacist decisions made around elitist tables behind closed and heavy doors. The Conservatives seem to believe that disabled people aren’t like other citizens and that we don’t need a democratic voice of our own. Policies are designed to act upon us, to “change” our behaviours through the use of “incentives”, whilst we are completely excluded from their design and aims. Our behaviours are being aligned with neoliberal outcomes, conflating our needs and interests with the private financial profit of others. 

As one of the instigators and a witness for the United Nations investigation into the government’s systematic violations of the human rights of disabled people, as a person with disability, I don’t care for being described by a blatantly oppressive Damian Green as “patronising” or being told that disabled people – witnesses – presented an “outdated view” of disability in the UK. The only opportunity disabled people have been presented with to effectively express our fears, experiences, concerns about increasingly punitive and discriminatory policies and have our democratic opinion heard more generally has been through dialogue with an international human rights organisation, and still this government refuse to hear what we have to say.

Oppression always involves the objectification of those being dominated; all forms of oppression imply the devaluation of the subjectivity and experiences of the oppressed. 

Just as Herbert Spencer supported laissez-faire capitalism and social Darwinism (on the basis of his Lamarckian beliefs) – and claimed that struggle for survival spurred self-improvement which could be inherited – the Conservatives apply the same tired and misguided, private boarding school myths and disciplinarian moral principles in their endorsement of a totalising neoliberalism: the bizarre belief that competition, struggle and strife is “good” for character and even better for the market economy.

Under the Equality Act 2010 there are several types of discrimination that are prohibited. These are direct discrimination (s.13(1) Equality Act 2010), indirect discrimination (s.6 and s.19 Equality Act 2010, harassment (s.26 Equality Act 2010), victimisation (s.27(2) Equality Act 2010), discrimination arising from disability (s.15(1) Equality Act 2010) and failure to make reasonable adjustments (s.20 Equality Act 2010). 

Disabled people are being conveniently reclassified to fit Treasury cost-cutting imperatives. However, the government prefer to say that we are claiming lifeline support because we are “disincentivised” to find a job because we are claiming lifeline support… there’s a whole ludicrous circular government monologue going on there that we are being quite intentionally excluded from.

This is one common type of ableist behaviour: it is a form of discrimination which denies others’ autonomy by speaking for or about them rather than allowing them to speak for themselves. Ableism characterizes persons as defined by their disabilities and as inferior to non-disabled persons On this basis, people are assigned or denied certain perceived abilities, skills, and/or character traits. And often, denied rights and a democratic voice.

If you ask disabled people about work, most of us will say we would like to – after all, who of us would actually choose to be ill and disabled – but there are social, political, cultural and economic barriers to our doing so. None of us will tell you we don’t work because we feel secure and comfortably off on an ever-dwindling and paltry amount of ESA, which has been subjected to cuts, further threats of cuts from prominent think tanks, increased conditionality, the threat of sanctions, and constant, distressing assessments and reassessments which were designed to find ways of stopping your lifeline support.

Disabled people became amongst the first citizens of a new class: the precariat. In sociology and economics, the precariat is a social class formed by people suffering from precarity, which is a condition of existence without predictability or security, affecting material and psychological welfare. The emergence of this class has been ascribed to the entrenchment of neoliberalism.

Many disabled people, however, will tell you that they are simply too ill to work. It’s a ludicrous and frankly terrifying state of affairs that the administrating despots in office don’t accept that some people simply cannot work, and persist in hounding them, claiming that cutting social security, originally calculated to meet only basic needs and now reduced to the point where that is no longer possible, is somehow an “incentive” for very sick people to find work. It’s incredible that the government are telling us with a straight face that a poor person’s “incentive” is punishment and financial loss, whilst millionaires are “incentivised” by reward and financial gifts, such as “tax breaks”.

The same approach is apparent in the recent green paper on work, health and disability, where the government casually discusses subjecting disabled people in the ESA support group to compulsory work related activity and “behavioural conditionality” (sanctions are suggested), though the support group were previously exempt from the punitive welfare conditionality regime, since their doctors and the state accepted that this group of people are simply too ill to work. Employers, it is suggested, are to be “incentivised” by financial rewards – tax cuts. When this government discuss “being fair” to the “tax payer”, they are referring to wealthy and privileged people, not the majority of ordinary citizens such as you and I.

Discrimination is defined as “treating a person or particular group of people differently, especially in a worse way from the way in which you treat other people”, based on characteristics or perceived characteristics. Under Labour’s 2010 Equality Act, direct disability discrimination occurs when a disabled person is treated less favourably than a non-disabled person, and they are treated this way for a reason arising from their disability. Indirect discrimination happens when an organisation or government has a particular policy or way of working that has a worse impact on people who share your disability compared to people who don’t. Harassment is defined as someone treating you in a way that makes you feel humiliated, offended or degraded.

The government even have the cheek to call their discrimination “supporting” and “helping” us. I’ve never heard of such immorality, bullying, indecency, prejudice and punishment being called “help” and “support” before. Millionaires are helped; they get financial handouts in the form of tax cuts that they don’t need. Meanwhile we have lifeline income taken away to fund, leaving us without food, fuel and shelter increasingly often. Such mundane language use is an attempt to mask the intentions and consequences of draconian policies. It utterly nasty, manipulative, callous, calculated cold-blooded gaslighting.

Milton Friedman, in Capitalism and Freedom (1962) felt that “competitive capitalism” is especially important to minority groups, since “impersonal market forces”, he claimed, protect people from discrimination in their economic activities for reasons unrelated to their productivity. Through elimination of centralized control of economic activities, economic power is separated from political power, and the one can serve as counterbalance to the other. However, he couldn’t have been more wrong. What we have seen instead is an authoritarian turn. The UN conclusions to their recent inquiry into the government’s systematic and grave violations of the rights of disabled people verify his lack of foresight and his conflation of public needs and interests with supply-side economic outcomes.

A word about the use of the term “vulnerability”

The reason that some groups are socially and legally protected – and the reason why we have universal human rights – is because some groups of citizens have historically been vulnerable to political abuse and are structurally discriminated against. The aim of human rights instruments is the protection of those vulnerable to violations of their fundamental human rights. The recent United Nations inquiry into the UK government’s systematic violations of the convention on the rights of persons with disabilities concludes that disabled people in the UK are facing systematic political discrimination, social exclusion and oppression.

The Yogyakarta Principles, one of the international human rights instruments use the term “vulnerability” as such potential to abuse and/or social exclusion. Social vulnerability is created through the interaction of social forces and multiple “stressors”, and resolved through social (as opposed to individual) means. Social vulnerability is the product of social inequalities. It arises through social, political and economical processes.

Whilst some individuals within a socially vulnerable context may break free from the hierarchical order, social vulnerability itself persists because of structural – social, economical and political – influences that continue to reinforce vulnerability. 

The medical model is a perspective of disability as a problem of the person, directly caused by disease, trauma, or other health conditions which therefore requires sustained medical care in the form of individual treatment by professionals. The medical model sees management of the disability  as central and ideally, it is aimed at a “cure,” or the individual’s adjustment and behavioural change that would lead to better “management” of symptoms.

The social model of disability outlines “disability” as a socially created problem and a matter of the full inclusion and integration of individuals into society. In this model, disability is not an attribute of an individual, but rather a complex collection of conditions, created by the social environment. The management of the problem requires social  and political action and it is the collective responsibility of society to create an environment and context in which limitations for people with disabilities are minimal. Equal access and inclusion for someone with an impairment/disability is a human rights concern.

From the 70s, sociologists such Eliot Friedson observed that labeling theory and a social deviance perspective could be applied to disability studies. Social constructivist theorists discussed a non-essentialist perspective: the social construction of disability is the idea that disability is constructed as the social response to a deviance from the norm. “Disability” is constructed by social expectations and institutions rather than biological differences.

I think there is something positive to learn from the variety of models of disability, and should like to point out that despite the potential merits of any one in particular, each have also been heavily criticised, and most importantly, there is nothing to stop an unscrupulous government from intentionally exploiting a theoretical paradigm to suit an ideological design. 

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Eugenics

The French statistician, Alphonse Quetelet wrote in the 1830s of l’homme moyen – the “average man”. Quetelet proposed that one could take the sum of all people’s attributes in a given population (such as their height or weight) and find their average, and that this figure should serve as a norm toward which all should aspire. This idea of a statistical norm threads through the rapid growth in the popularity of gathering statistics in Britain, United States, and the Western European states during this period, and it is linked to the rise of eugenics. Disability, as well as other concepts including: “abnormal”, “non-normal”, and “normal” arose from this mindset.

With the rise of eugenics in the latter part of the nineteenth century, such deviations from the norm were viewed as somehow dangerous to the health of entire populations.

As a social and political movement, eugenics reached its greatest popularity in the early decades of the 20th century, when it was practiced around the world and promoted by governments, institutions, and influential individuals. Many countries enacted various eugenic policies, including: genetic screening, birth control, promoting differential birth rates, marriage restrictions, segregation (both racial segregation and sequestering the mentally ill), compulsory sterilization, forced abortions or forced pregnancies, culminating in genocide

The moral dimensions of the eugenics in the 19th and 20th centuries rejected the doctrine that all human beings are born equal, and redefined human worth purely in terms of genetic “fitness”. More recently in the UK we have seen a moral shift entailing human worth being politically redefined in terms of economic productivity. 

Common early 20th century eugenics methods involved identifying and classifying individuals and their families, including the poor, mentally ill, blind, deaf, developmentally disabled, promiscuous women, homosexuals, and racial groups (such as the Roma and Jews in Nazi Germany) as “degenerate” or “unfit”, leading to their segregation or institutionalization, sterilization, euthanasia, and ultimately, their mass murder. The Nazi practice of euthanasia was carried out on hospital patients in the Aktion T4 centres such as Hartheim Castle.

The “scientific” reputation of eugenics declined in the 1930s, a time when Ernst Rüdin used eugenics as a justification for the racial policies of Nazi Germany. Adolf Hitler had praised and incorporated eugenic ideas in Mein Kampf in 1925 and emulated eugenic legislation for the sterilization of “defectives” that had been pioneered in the United States once he took power

After World War II, the practice of “imposing measures intended to prevent births within [a population] group” fell within the definition of the new international crime of genocide, set out in the Convention on the Prevention and Punishment of the Crime of GenocideThe Charter of Fundamental Rights of the European Union also proclaims “the prohibition of eugenic practices, in particular those aiming at selection of persons.”

Recently the government in the UK introduced policies that curtail tax credits to the children of mothers claiming financial support for more than two children. Iain Duncan Smith announced that the policy was introduced to “change the behaviours” of people claiming welfare. Of course this assumes that people don’t plan and have their children in more prosperous periods of their lives, and then experience financial hardship for reasons that have nothing to do with their behaviours, such as recession and job losses, or being in low paid work and so on.This has some profound implications for notions of equality and the idea that each human life has equal worth. Such a policy discriminates against children because of when they are born, as well as being discriminating against poor families. Such a policy is an example of negative eugenics by “incentives”

Some campaigners are very critical of the use of the word “vulnerability”, because they feel it leads to attitudes and perceptions of disabled people as passive victims.

Yet I am vulnerable, despite the fact that I am far from passive. Since 2010, no social group has organised, campaigned and protested more than disabled people. Many of us have lived through harrowing times under this government and the last, when our very existence has become so precarious because of targeted and cruel Conservative policies. Yet we have remained strong in our resolve. Despite this, some dear friends and comrades among us have been tragically lost – they have not survived.

In one of the wealthiest democratic nations on earth, no group of people should have to fight for their survival.

I see vulnerability as being rather more about the potential for some social groups being subjected to political abuse. 

We are and have been. This is empirically verified by the report and conclusions drawn from the United Nations inquiry into the grave and systematic violations of disabled people’s human rights here in the UK, by a so-called democratic government.

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The biggest barrier that disabled people face is a prejudiced government

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The very act of renaming incapacity benefit support for sick and disabled people “employment and support allowance” signaled the political intent to make that support precarious, with an aim of pushing people previously exempted from work on medical grounds from lifeline social security protection into work on political grounds, regardless of the consequences. The word “allowance” means the amount of something that is permitted, especially within a set of regulations or for a specified purpose. This language shift signaled the increasing contingency of support for disabled people.

It also reduced and transformed the sick role, making it increasingly transitory, redefining chronic, incurable conditions as somehow transient, and marking a shift from medical definitions of sickness and disability to psychopolitical redefinitions, which are ultimately aimed at pushing forward a small state neoliberalist agenda. Welfare provision is being steadily dismantled. 

However, changing the name and making the eligibility criteria for support much more stringent has not helped sick and disabled people into work. It has simply created circumstances of further disadvantage, hardship and distress for many people.

It hasn’t worked because many of those people affected by the nudge-styled rebranding of their lifeline support and draconian cuts to “incentivise” people to take up and cherish the Puritan work ethic, as the paternalistic Conservatives think we ought to, are simply too ill to work.

Of those that may be able to work, over time, their would-be employers have not engaged with legal requirements and provided adjustments in the workplace to support those disabled people seeking employment. The government have removed the Independent Living Fund, and reduced Access to Work support, Personal Independence Payment (PIP) is very difficult to access because of the stringent eligibility criteria, whilst the disability benefit Employment and Support Allowance was also redesigned to be increasingly difficult to qualify for.

But political word games, and intentions to attempt to shrink the categories of what is deemed “illness and disability” along with the ever-shrinking state, don’t cure illness and disability, and it’s offensive to witness a very wealthy first world so-called democratic government viciously hounding and shamefully coercing a group of people, negatively labeling them as a “burden on the taxpayer”, and forcing them to take any low paid, insecure work, without any support whatsoever, despite the fact their doctor and the state, via the work capability assessment, have deemed them already to be unfit for work, whilst at the same time leaving this group on an isolated, ever-shrinking island with ever-decreasing lifeline support.

Perhaps PIP ought to include invisible bootstraps in the aids and appliances categories.

This is juxtaposed with the recent gifted tax cuts for the wealthiest, indicating clearly that Conservatives perceive and construct social hierarchies with policies that extend inequality and discrimination. The axiom of our international human rights is that we each have equal worth. Conservative ideology is fundamentally  incompatable with the UK government’s Human Rights obligations and with Equality law. The chancellor clearly regards public funds for providing essential lifeline support for disabled people as expendable and better appropriated for adding to the disposable income for the wealthy.

Most people (over three-quarters ) who are disabled became so during their working life. There is an implicit political prejudice regarding disability, evident in policy-making, which is that it is an undesirable state and somehow preventable. There is another more explicitly stated prejudice, which relates to the oversimplistic false dichotomy of society. Citizens have been redefined as taxpayers or economic free-riders. However, not only have most disabled people worked and contributed tax and national insurance, people claiming social security also contribute significantly to the Treasury, because we pay VAT, council tax, bedroom tax and a variety of other stealth taxes.

The state confines its focus and responsibility mainly at re-connecting disabled people with the labor market, without any consideration of potential health and safety risks in the workplace, as a strategy of “support,” and justifies the draconian cuts to support as providing “incentives” for people to work, by constructing a narrative that rests on the bogus and socially divisive taxpayer/free-rider dichotomy:

 “You answer if a disabled person can’t work there is NO cut but if they can but won’t, why should taxpayers subsidise them & trolls go mad!”

 By “trolls” Michael Fabricant actually means disabled people and campaigners responding to his tweet.

What happens to those people that can’t work or cannot find an understanding employer, prepared to make reasonable adjustments in the workplace?

On becoming ill – it can happen to anyone

I am medically ill and my illness (lupus) affects my mobility, focus and general wellbeing. I am restricted in what I can do, and the symptoms and exacerbations are very unpredicable. However, it is economic, political and cultural forces which have created and continue to create my ongoing disability and social marginalisation, not my illness. Many of my problems are compounded because of an unadapted physical environment, a lack of resources and the attitudes of others, particularly the current government’s.

I don’t accept that health problems ought to be seen as the cause of the socioeconomic deprivation and exclusion that many of us are experiencing, because the real cause is entirely political. Policies, which exclude disabled people from their design and rationale, have extended and perpetuated institutional and cultural discrimination against disabled people.

My own illness arose partly because of a genetic predisposition, partly because of my gender and hormonal events which often trigger the illness, and probably a variety of other complex reasons, none of which specialists fully understand yet. Prior to becoming very ill, I led a very active and healthy life. I worked hard in a job I loved. My diet is and always has been balanced and healthy, I enjoyed outdoor activities such as climbing, abseiling, archery and walking. I was never inactive or overweight, and I am not stupid when it comes to health issues. Lupus isn’t a “lifestyle choice” and it didn’t arise because of something I did wrong.

All the same, I frequently get well-meaning but bad advice to try different diets, “natural” herbal remedies (people forget that they contain chemicals) – usually the immune- enhancing ones like echinacea, which my rheumatologist has already advised could be very dangerous – and the best one of all: “You should stop taking the heavy duty medication and ‘cleanse your system’.” That would be medication that I take to keep me alive because I tried and ran out of all the other options. I usually recommend a simple course of water melons for such “experts”, to be taken at four hourly intervals, rectally.

Like many other ill and disabled people, I have worked for most of my life. My work was rewarding, and the professional roles I took up have entailed developing inspirational ways to support and enable others, from voluntary work with Women’s Aid and Victim Support, to salaried youth and community work, social work, mental health work and delivering training. I worked whilst being ill for a number of years.

By 2010, I simply couldn’t work any more. My previous and mostly background joint, nerve and muscle pain suddenly became all consuming. My ankles, knees, wrists and fingers swelled. I caught a cold at work which turned to pneumonia on two occasions in 2009. I had apparently random finger abcesses, inexplicable kidney infections, and bruised every time I was touched. I had severe nerve pain in my face and optic nerves, which affects my vision. My hips and lower spine became stiff and painful, my shoulders became frozen. I had a painful rash across my face that looked like eczema, only it wasn’t. I was profoundly tired all of the time, and weighed less than eight stones. My GP ran some tests and everything came back lupus, with complications such as a severe autoimmune bleeding disorder, very low immunity to infection and neurological involvement.

Working put my safety, health and wellbeing at substantial risk. It also potentially exposed other people to risk, too, because of the impact of my illness on my judgments, reliability and consistency, eyesight, ability to supervise, mobility and so on. A tribunal agreed with this assessment in 2012.

It was a very painful recognition that I could no longer work, my decision to leave was very difficult, compounded by a sense of loss of self worth and meaning. I felt that my experience, developed skills, not to mention time and effort invested in studying for a highly vocational Master’s degree, were meaningless and unavailing. However, I was completely unprepared for the damaging impact of the political othering and socioeconomic outgrouping that followed from 2010.

And the poverty. I came to feel that I had been politically redefined as somehow “deviant” by 2012. A much needed transformation to add to the grieving process for the person I was before my body became a traitor. Cheers, Mr Cameron, for the milk of human blindness. The Sex Pistols got it a bit wrong back in the last days of counter-culture and agitprop: it’s not just anarchy that we need for the UK, it’s a modicum of empathy, too.

Doctors and rehabilitation professionals continually recommend medical treatments and practices even though they know that these will not necessarily improve my quality of life. Most of the treatments for autoimmune illnesses such as lupus are largely experimental: comprised of chemotherapies and immune suppressants that carry their own life-threatening risks, and being ill with lupus and other autoimmune illnesses presents a constant and difficult process of weighing up of such risks – life threats from the illness versus life threats and serious life-changing risks from the treatments. 

The dangers that arise when everyone thinks they are an expert on illness and disability

That didn’t stop a job advisor, during my time in the employment support allowance work-related activity, group telling me I should take the chemotherapy methotrexate because her friend with rheumatoid arthritis had some benefit from it. Methotrextate helps around 25% of people taking it, to various degrees, but it cannot cure the illness. Side-effects include sudden death, blindness, liver, kidney and heart failure, lung fibrosis, thrombocytopenia – a serious bleeding disorder which I already have – and death from an overwhelming infection, which I am already susceptible to, since my immune system is easily compromised and broken, amongst many other problems.

As it happens, I had already tried methotrexate for many months, administered by injection into my stomach. It didn’t work and the side-effects were truly diabolical, adding to my existing misery and multiplying symptoms. Another treatment, considered far less risky, called hydroxychloroquine, damaged my retina because I was prescribed too high a dosage, I’m now partially sighted.

However, the unqualified advice from a job coach overlooked that I have a different illness than her friend, and that methotrexate is a black box drug with life-threatening side-effects. Everyone seems to think they are a medical expert nowadays, and that’s the government’s doing, since they have been redefining illness and disability, making it a moral and public matter rather than a private, medical issue. Such political negative role-modelling has permitted a rise in expressions of social prejudice towards disabled people, which is why hate crime has risen significantly since 2010 and is now at the highest level since records began.  

We are either deserving or non-deserving, abled or disabled, never just ill or physically disadvantaged. Our lives have somehow become public property, with all manner of unqualified people feeling entitled to intrude at an intimate level to tell us how to “manage” our illness better. Or to transform media tropes and political folk devils into forms of justification for abuse.

Job centre staff it seems will recommend anything, including unqualified advice about medical treatments, regardless of the risks that may be involved, to coerce people from what was once a social safety net and into any job, regardless of its appropriateness, quality, pay, security, and importantly, it’s potential impact on people’s health and safety.

Last October, I flagged up the extremely worrying government plans to place job coaches in GP practices, with provision made for job centre staff to “update” people’s medical files. The government hadn’t announced this  “intervention” in the lives of disabled people, nor had we been consulted or involved in its design. I found out about it quite by chance because I read Matthew Hancock’s recent conference speech: The Future of Public Services.

I researched a little further and found an article in Pulse which confirmed Hancock’s comments: GP practices to provide advice on job seeking in new pilot scheme.

The government plans to merge health and employment services, and are now attempting to redefine work as a clinical outcome. Unemployment has been stigmatised and politically redefined as a psychological disorder, and the government claims somewhat incoherently that the “cure” for unemployment due to illness and disability, and sickness absence from work, is work.

This is why I visit my doctor and not David Cameron or George Osborne when I need advice, support and treatment related to my medical (and not political) condition.

It’s a prejudiced government that has edited the script regarding sick roles – we no longer have medical sick notes, they have been replaced by political fit notes. The subtext is that we must participate in the world of mainstream work without any choices, without reasonable adaptations and without support. Without any acknowledgement of illness and disability, in fact. Or, we have to accept being redefined, our identity rewritten as “dependent”, “impaired” “unfit for work” as a trade-off for a degree of meagre support.

All of our previous achievements and contributions are forgotten. We once celebrated the achievements of disabled people, but now, we cannot, because disabled people are systematically repressed. We are politically defined as either fit for work (and thus not seen as “disabled”) or not. There are no other options for us, unless we happen to be very wealthy as well as ill.

Singing the body politic in our own voices

We don’t fit with neoliberal dogma and the Tory ideals of “individual responsibility”, competition, a “small state” and compulsory (low) paid employment to enhance profits for the elite’s old boys network. Any positive association with impairment, such as reasonable allowances made or degrees of freedom from the Tory notion of “social obligations” and “responsibilities,” is prohibited. We are faced with an overly simplistic, terribly reductive and dehumanising either/or choice.

We are deemed either fit for work, or too disabled to work, with no accommodation made for what we may be able to contribute in myriad ways to society, nor is our past accumulative experience and skill regarded as a valuable. The moment there is a hint we may have some kind of tenuous work-related capability, all support is withdrawn. However, once we are deemed unfit for work, we are denied full citizen’s status and economic inclusion.

This narrow political approach does nothing to enable and support people, nor does it reflect human diversity. It simply disables us further and denies us autonomy and the right to define ourselves. It’s an approach that actually punishes people for the abilities, experience and skills that they have, stifling human potential. The moment those abilities and skills are revealed at a work capability assessment, all support is withdrawn and those qualities remain unfulfilled. Instead of investing in personal development and extending opportunities, the government is simply cutting social security and public service costs at our expense. It’s not actually their money to cut.

We are expected to participate in an unaccommodating and increasingly competitive job market or suffer the dehumanising consequences and impoverishment of claiming social security long-term. And the people profiting from this are the competing, vulture capitalist private “service” providers.

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There is no support for creating circumstances where our skills may be transfered. There is no support to help anyone adapt their skills and experience to fit future employment. Access to higher education has been restricted because of the steep rise in cost, especially for mature and disabled students. There is nothing in place to ensure that employers recognise disabled people’s skills and experiences and make adaptations to accommodate people wanting to work, and no safety net at all to encourage personal development for disabled people, since all support is tied to rigid definitions of disability. You can either work or not.

Under the guise of lifting burdens on business, this government has imposed burdens on those with disabilities by removing the “reasonable adjustments” that make living our lives possible and allow us some dignity. The labor market is hostile and unaccommodating, providing business opportunities for making profit, but increasingly, the needs and rights of the workforce are being politically sidelined. This will invariably reduce opportunities for people to participate in the labor market because of its increasingly limiting terms and conditions.

This highlights the paramount importance of shifting the political focus to the pressing need to change a disabling culture and to actually listen to our lived experiences, including us in policy design from that of merely coercing us into fitting reductive Conservative definitions to accommodate and fit in with a neoliberal model of society.

We have smug, wealthy and healthy Conservatives redefining disablity, our identity is ascribed by others who have handed us a socially devalued status: we are being told who we are and how we must be.

Citizen’s “needs” are being aligned with politically defined neoliberal outcomes. Those most acutely aware of this are those politically assigned a lower status in the increasingly steep socioeconomic hierarchy. Stigma and othering is used politically to justify the hierarchy and the consequent crass inequalities, which are designed and mediated through policies, not citizens.

Stigma arises because of the perceptions of the oppressor, not those being oppressed. But perhaps it’s time that people who are “working hard” to contribute to the increasingly enclosed economy paused and observed what is going down, because disabled people are not the only ones being stigmatised and radically reduced by a particularly toxic combination of social conservatism and neoliberalism. Punitive and coercive welfare conditionality, including sanctioning, has recently been extended to those in low paid employment and part-time work, as tax credits and additional support vanish under the guise of “universal credit”. The bedroom tax is likely to be extended to the elderly. How does this in any way ensure that “work pays”?  All this will do is increase the precariousness of people’s situations and substantially increase their vulnerability.

The recognition and celebration of human potential, diversity and equal worth has been superceded by an all-pervasive Puritan “hard work” ethic. Our worth is being defined purely in terms of our economic contribution. We are measured out in pounds and pennies whilst making billions for a handful of other people. That is a value that comes exclusively from the dominant paradigm-shaping elite – the ones who actually profit from your hard work.

You don’t.

The government’s new “health and work” programme is actually workfare for sick and disabled people. Apparently, slave labor for big business is good for our “health” and has the added bonus of adding substantially to profits for friends of the Conservatives. It’s amazing how quickly the public have accepted the political semantic shifts, such as “work programme” – compulsory labor for no wage, which was originally about “exploitation” and has now been redefined as “work experience”. Apparently that is also “fair”, “inclusive”, “good” for our health and “makes work pay”.

Makes work pay for whom?

Disability can no longer be considered solely as a medical problem, affecting only a minority of the population. It must be seen for what it is: as a civil rights issue as central to mainstream political discourse. This government uses draconian policies to act UPON disabled people, it does not value our lived experiences nor does it listen and RESPOND to us. It’s a government that simply tells us how we must BE. That is profoundly undemocratic, it discriminates against us and excludes a social group on the basis of a protected characteristic.

There are and have been a lot of ways to define disability, it has variously has been defined through the eugenic model, a medical model, charity model, rights-based model, social model and a radical model. Now it’s time for a disabled people’s model, founded on our lived experiences and varied needs.

Understanding that oppressive situations have not arisen through any fault of our own, and that the oppression is real and has a basis in sociopolitical prejudice and discrimination provides us with the courage needed, and a more solid ground on which to fight for liberation. It always seems to be the case that fighting social injustice is left to the very people who have been excluded and systematically deprived of a political voice and power, it’s always down to us to make others listen. Yet it is invariably the case that when one social group is targeted for political prejudice and discriminatory policies, it affects everyone. Historically we have learned it quickly follows that other groups are singled out, too.

The universal character of human rights is founded on the inherent dignity of all human beings. It is therefore axiomatic that people with medical conditions that lead to disabilities, both mental and physical, have the same human rights as the rest of the human race.

The United Nations is currently investigating this government’s gross and systematic violations of the Convention on the Rights of Persons with Disabilities (CRPD), and a recent report from 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, because it does not enforce the act.

Furthermore, the Select Committee concludes that the government’s red tape challenge is being used as a pretext for removing protections for disabled people. It’s a government that regards the rights and protections of disabled people as a mere bureaucratic inconvenience.

There’s a certain irony regarding the Conservative preoccupation with preserving social order: their rigid ideologically-driven policies create the very things they fear – dissent, insecurity, disorder and the raising of public awareness and recognition of a pressing need for social change and reform. It’s seems to be the case that Conservative governments prompt a growth of social challenges that encourage the flourishing of the very radicalism and revolutionary ideas that they fear and loathe.

That is what happens when people are oppressed.

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Picture courtesy of Robert Livingstone

 

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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.

 

The Labour Party address welfare wrongs with human rights and strong equality principles.

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The Labour Party have always supported cumulative and equality impact assessments, and embedded this practice in their own legislative process. I know this because it was an issue I raised in discussion with Anne McGuire last year, I was very aware that the welfare reforms had not undergone such essential cumulative impact assessment. And now we are seeing the devastating impacts of those “reforms”.

Impact assessments were enshrined in Labour’s Equality Act, implemented in 2010. This issue is something that I have felt very strongly about, not least because equality and cumulative impact assessments are a positive way of safeguarding our most fundamental human rights. They also assure fairness and  safety, and ensure that people’s circumstances are not made worse by policies.

Impact assessments are intended to ensure that neither discrimination nor adverse treatment to people from different groups occurs based on age, race, religion, disability, gender, sexual orientation, transgender, pregnancy and maternity, socio-economic status, marriage and civil partnership and other groups who may experience disparities in opportunity. Where there is any identified potential for discrimination or adverse treatment, action plans will be created to counter this and demonstrate that the equality impact assessment process is leading to positive change. This is a legal requirement.

Labour have recognised it is disabled people and the most vulnerable who bear a disproportionate share of the austerity cuts, simply because of the inequality they face in employment, which means they are more likely to rely on benefits. In other words they are facing a double penalty simply because of their characteristics – disadvantaged in the (now somewhat limited) labour market and now targeted by benefit “reform”. (Cuts). This also raises further concern about human rights, since this Coalition action constitutes discrimination on the basis of “characteristics”, in accordance  with Labour’s Equality Act.

The general duty to perform equality impact assessments applies across the full range of our public activities. This means that the duty applies to policy-making, budget setting, developing high level strategies, plans, procedures, reports, business cases, service provision, employment matters, and enforcement or statutory discretion and decision-making. Essentially, it applies to everything we do.  It also applies to our functions in relation to procurement and contracting out services. In addition, the duty applies to private and voluntary bodies carrying out our public functions on our behalf.

However, under the Equality Act, the need for public bodies in England to undertake or publish an equality impact assessment (EIA) of their policies, practices and decisions was removed in April 2011 by the Tory-led Coalition, when the “single equality duty” was introduced. Public bodies must still give “due regard” to the need to avoid discrimination and promote equality of opportunity for all protected groups when making policy decisions. They are also required to publish information showing how they are complying with this duty – but can do that…

“…without having to carry out lengthy and detailed impact assessments.” –  David Cameron

Although the Government have produced some perfunctory impact assessment of each individual policy strand of the welfare “reforms”,  these documents are useless. Worse than useless, in fact, because they give us – the media, policy analysts and anyone else caring to look at them – the impression that we know what the impact of the Government’s welfare reform agenda will be. But we don’t. And the Government doesn’t either. This is due to the fragmented nature of our welfare system –  many people claim more than one benefit and tax credit at a time.

As a result, the impact of the Government’s plan to cut several benefits in several ways will inevitably affect some households repeatedly. The Government’s impact assessments only consider each cut in isolation, and cannot quantify this cumulative effect. And so the government had identified dozens of individual groups who will experience a reduction in income, but gave no indication if they are actually identifying the same group over and over again. We now know that it IS the same group that has been hit by multiple cuts. Thousands of disabled people have been hit by as many as six welfare cuts simultaneously.

We do know from “Briefing on How Cuts Are Targeted” by Dr Simon Duffy that if we compare the relative targeting of the welfare cuts on different groups then:

  • People in poverty are targeted 5 times more than most citizens
  • Disabled people are targeted 9 times more than most citizens
  • People needing social care are targeted 19 times more than most citizens

For anyone, this represents the loss of substantial sums of money, essential for meeting fundamental needs. But for disabled people struggling with spiralling costs of living, and the withdrawal of public services  and support also, such multiple financial losses are life-changing and devastating.

Individual impact assessments are utilised when making a single policy change here and there, but when dozens of changes are made simultaneously – 18 impact assessments were issued for the Welfare Reform Bill alone – this piecemeal approach is both inadequate and very misleading.

Each impact assessment identifies a relatively small amount of money shared across a large group. On the face of it, reading them, one might conclude that the cuts are being widely and fairly spread. But the reality is that three, four, or more losses affect a single person. This is the case for hundreds of thousands of people across the country. How can we evaluate the fairness of such a comprehensive package of cuts when its the case that the assessments have provided no real overview of who will be affected, and to what extent? We can not. That was very clearly the aim.

Reading though the Tory-led “equality impact assessment” for universal credit, I can say that the emphasis is strictly on justifying the legislation, and utilises Coalition propaganda, and glib, superficial assurances such as “there will be significant opportunities to promote equality for disabled people through improving work incentives and smoothing the transition into  work”, without any explanation as to how this will be achieved. And of course we know that “work incentives” are actually punitive measures, including the use of sanctions, rather than support offered in any meaningful and real way.

And only the Tories would have the utter mendacity to claim that benefit CUTS will contribute to a reduction in the poverty rate amongst disabled households. We know that this is a very blatant lie. It doesn’t take any degree of genius to work that out, either

I have written to the Labour Party to raise my own concerns about the Coalition’s abandonment of effective impact assessments, as a means of protecting human rights and as a way of ensuring that policies are fair, safe, none discriminatory and democratic. I know many others have also campaigned regarding this important issue.

I have had the following response from Liam Byrne:  

“Dear Susan,

Time to come clean.

After more than three years in power, it’s time for this Government to finally come clean and tell us exactly what impact their changes will have on the lives of disabled people and their carers. So on Wednesday 10 July, Labour will drag Ministers to the House of Commons to debate the changes they have made that affect disabled people, and at about 16:00 we will force a vote to demand a Cumulative Impact Assessment by October 2013 at the latest – and we will be calling on MPs from across the House to support it.

I am asking supporters to help build pressure on the government in three ways:

  • Write to your MP and ask them to back the motion
  • Write to your local paper and explain why we urgently need a cumulative impact assessment
  • Tweet your support using #MakeRightsReality

    Here is the link to the motion – 
    http://liambyrne.co.uk/?p=4534

This government is failing to support our disabled people. It’s time for Ministers to come clean, admit where they are getting things wrong and change course.

It’s time to start making rights a reality for disabled people.

Please forward this email to anyone who might be interested.

This is the motion in full:

That this House believes that the Government should publish a cumulative impact assessment of the changes made by this Government that affect disabled people (to be published by October 2013).

Yours,

Liam Byrne”.

Please support this move, by pressuring your MP, and by publicising the need for a cumulative impact assessment, and emphasising the crucial role it has in democratic process, as a way of ensuring policies are fair and safe, and as a fundamental safeguard of our human rights.

Further reading:

Osborne ‘forgets’ to assess impact of benefits cap on disabled people



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Thank you to Robert Livingstone for his brilliant art work.