DDB 70 Arthritis Care
Response to the Joint Committee
in respect of the Department of Work and Pensions' Draft Disability
Discrimination Bill
1. Introduction
1.1 Arthritis Care warmly welcomes
the draft Disability Discrimination Bill, and believes it to be
another significant step forward for disabled people. Overall
the Bill for many people with arthritis will be another step to
removing the barriers that many of them face in their day-to-day
lives. Arthritis Care welcomes the opportunity to comment of the
draft Disability Discrimination Bill
1.2 Arthritis Care is the leading membership
organisation working with people with arthritis and musculoskeletal
conditions. Arthritis Care has 70,000 supporters and has a network
of over 7,000 volunteers, all of whom live with, or are affected
by arthritis. It works with and for all people with arthritis
from every section of the community by delivering campaigning,
information, training and support services to help those living
with arthritis manage their condition.
1.3 Arthritis affects 1 in 5 people
in the UK1 and is the leading cause of physical disability2.
Arthritis affects people of all ages3. There are 12,000
children in the UK with arthritis and approximately 27,000 people
living with arthritis are under the age of 254.
One in five GP visits involves
the symptoms of arthritis5. The main symptoms
of arthritis include pain, stiffness, physical impairment, joint
deformity, fatigue and impaired mobility.
1.4 There are more than 200 types
of arthritis and musculoskeletal conditions6.
The two most common are osteoarthritis and rheumatoid arthritis
(RA)7. The total cost of arthritis to health and social
services in the UK is estimated as £5.5bn8.
Arthritis and related conditions
are the second most common cause of days off work in both men
and women9. In 1999-2000, 206 million working days
were lost in the UK because of arthritis and related conditions
- at a cost to the economy of over £18,114 billion10.
2. Definition of disability
2.1 The addition of MS to the definition
of disability raises some fundamental issues about naming specific
impairments on the face of the act. Whilst Arthritis Care does
not want to take away from the needs of people with MS, rheumatoid
arthritis (RA) has a similar disease profile. Rheumatoid arthritis
is a severe, disabling condition that shortens life expectancy
by six to ten years on average; an equivalent figure that is attributed
to coronary artery disease, diabetes, stroke and Hodgkin's disease11.
80% of people with RA become moderately to severely disabled within
20 years of diagnosis12, with 790 deaths in the UK
were attributed to RA13. Arthritis Care would like
to see the draft Bill broaden the definition not only to include
rheumatoid arthritis but to all progressive conditions from the
point of diagnosis.
3. Premises
3.1 For many people with arthritis
living environmental needs change. Given the fluctuating nature
of the condition auxiliary aids and services is essential. Arthritis
Care welcomes the provision in the draft Bill that requires landlords
to make reasonable adjustments to policies, procedures and practices
to accommodate this.
3.2 Arthritis Care however feels that
the draft Bill should be bolder in ensuring disabled people have
a right to auxiliary aids and services to ensure equality.
4. Transport
4.1 Arthritis Care has always been
concerned that Section III of the DDA did not cover transport,
under current legislation a bus driver can refuse to let anyone
onto the bus if he/she felt they were taking to long due to their
impairment. Arthritis Care welcomes the move by the draft Bill
to ensure that this should not happen in the future by moving
the current exemption of transport services to section 21, with
a more precise exclusion of the use of transport services.
4.2 Arthritis Care also welcomes the
draft Bill's removal of the blanket exclusion in that it now can
extend regulations to cover different modes of transport, including
car hire, trams, vehicle breakdown operations and private rental.
4.3 Arthritis Care would welcome an
end date of 2017 for the compliance with Rail Vehicle Access Regulations,
which would bring rail services into line with the bus industry.
Arthritis Care would see this as a big step forward in ensuring
a seamless service for disabled people when travelling. Arthritis
Care does recognise that some companies will be updating rolling
stock that would improve accessibility but not meet the full requirements
of the draft Bill. However, they may wish to delay upgrading the
rolling ahead of the 2017 deadline as they may see interim improvements
as a waste of resources. This could be overcome by having very
specific criteria for exemptions to meeting the 2017 deadline,
that would accommodate interim improvements of rolling stock.
4.4 Arthritis Care is disappointed
that the Government has not seized the opportunity of the draft
Bill to make changes to The Blue Badge Scheme introduced by the
Disabled Persons' Parking Badge Scheme, 1971. The Disabled Persons'
Transport Advisory Committee (DPTAC) in 2001 responded to a review
of the scheme, by recommending that it be extended to children
under two years of age with particular medical needs and creating
powers of inspection by the police and parking attendants to ensure
enforcement. Arthritis Care would strongly support these recommendations.
5 Public Sector Duty
5.1 Arthritis Care warmly welcomes
the proposal in the draft Bill to extend the DDA making it unlawful
for public bodies to discriminate against disabled people when
carrying out their functions.
5.2 Arthritis Care is concerned that
under Clause 21D (4) (c) another unnecessary step has been added
in limiting services due to costs when there are already a number
of mechanisms in place to ensure this happens now.
5.3 Arthritis Care would be seeking
some clarification as to what the draft Bill refers to when it
states Public Authority.
6. Public Functions
6.1 Arthritis Care welcomes the duty
for public authorities to exercise their functions without prejudice.
However Arthritis Care is concerned that the threshold for reasonable
adjustments is very high which could lead to wide areas of discrimination.
7. Codes of Practice
Arthritis
Care welcomes the draft Bills proposal for the Disability Rights
Commission to prepare and issue codes of good practice. It would
urge the Commission to develop the codes and good practice in
close consultation with disabled people.
8. Conclusion
8.1 Arthritis Care warmly welcomes
the introduction of the draft Bill and the benefits for disabled
people that it will bring. Arthritis Care welcomes the draft Bill's
range of methods it has introduced to ensure that disabled people
have better access to transport. Other aspects we welcome include
provision in the draft Bill that requires landlords to make reasonable
adjustments to policies, procedures and practices to accommodate
this and the provision of public bodies to carry out their functions
without discriminating against disabled people.
8.2 Arthritis Care has some concerns
related to the definition of disability, for example the exclusion
of rheumatoid arthritis. Other issues include missing the opportunity
to add further strength to the Blue Badge Scheme, and setting
a date for the rail sector to bring them in line with the bus
industry.
8.2 To ensure inclusion people with
arthritis need access to services that ensure their independence
for as long as possible. There are too many barriers which prevent
disabled people from living on equal terms, Society has a duty
to remove these barriers to ensure inclusion. The benefits to
society in ensuring inclusion is that people normally excluded
can make a positive contribution, for example remaining at work.
1 McCormick A, Fleming D, Charlton
J. Morbidity statistics from general practice. 4th
national study 1991-1992. London, HMSO (1995)
2 Disability Living Allowance, Attendance
Allowance and Invalid Care Allowance - Disability Care and Mobility
Quarterly Statistical Enquiry. Department of Work and Pensions.
2002
3 McCormick A, Fleming D, Charlton
J. Morbidity statistics from general practice. 4th
national study 1991-1992. London, HMSO (1995)
4 Disability Living Allowance, Attendance
Allowance and Invalid Care Allowance - Disability Care and Mobility
Quarterly Statistical Enquiry. Department of Work and Pensions.
2002
5 Royal College of General Practitioners
(1996) OPCS Department of Health and Social Security. Morbidity
Statistics from General Practice. Fourth National Survey 1991-1992.
HMSO
6 Information for People with Arthritis.
Arthritis Care. 2002
7 Information for People with Arthritis.
Arthritis Care. 2002
8 Arthritis: The Big Picture. Arthritis
Research Campaign (ARC). 2002
9 Arthritis: The Big Picture. Arthritis
Research Campaign (ARC). 2002
10 Arthritis: The Big Picture. Arthritis
Research Campaign (ARC). 2002
11 Scott D, Shipley M, Dawson et al,
The Clinical Management of Rheumatoid Arthritis and Osteoarthritis:
Strategies for Improving Clinical Effectiveness, British Journal
of Rheumatology; 37:546-554
12 Barrett,EM, Scott DGI, Wiles NJ
& Symmons DPM, The impact of rheumatoid arthritis on employment
status in the early years of disease:a UK community-based study;
Rhuematology, 2000;39:1403-1409
13 Arthritis: The Big Picture. Arthritis
Research Campaign (ARC). 2002
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