DDB 26 Rethink
Clerk of the Committee on the Draft Disability
Discrimination Bill
The Scrutiny Unit
Committee Office
House of Commons
Room G10
7 Millbank
London SW1P 3JA
13 February 2004
Dear Clerk to the Committee
Submission to the Committee Considering the draft
Disability Discrimination Bill
We are pleased to have the opportunity of making
this submission. Rethink, formerly known as the National
Schizophrenia Fellowship, is the charity for people who experience
severe mental illness and for those who care for them. We are
both a campaigning membership charity, with a network of mutual
support groups around the country, and a large voluntary sector
provider in mental health, helping 7000 people each day. Through
all its work, Rethink aims to help people who experience
severe mental illness to achieve a meaningful and fulfilling life
and to press for their families and friends to obtain the support
they need.
Rethink welcomes the draft
Bill and wishes the following points to be considered by the Committee:
Clause 4, 21B Discrimination by public authorities
We seek to have the definition of 'public authority'
clarified. Rethink
is a voluntary sector provider of mental health services,
mainly funded by the NHS and/or Social Services Departments. Those
services are provided free to any member of the public who comes
within criteria agreed between ourselves and our statutory funders.
We are not a public authority but Clause 21B appears
to have defined us as such because our functions in providing
services are of a public nature. We presume, therefore, that it
is the intention of this clause to define voluntary sector service
providers funded by statutory services as a public authority,
and consequently we come within the scope of the Bill. We feel
that this needs to be clarified in the Bill.
Clause 5, 21E Discrimination by private clubs
etc
Rethink manages some social
clubs and day-care and employment projects. We seek to protect
those using these services from those exhibiting disruptive behaviour
arising from alcohol abuse and/or use of illicit drugs. However,
those abusing alcohol and/or using illicit drugs may themselves
experience a severe mental illness and come within the scope of
Disability Discrimination legislation. Indeed their severe mental
illness together with substance abuse is seen as an integrated
disability, responsibility for which dual diagnosis has been assigned
by the Department of Health to mental health services. [Paragraph
2.1 of Mental Health Policy Implementation Guide: Dual Diagnosis
good practice guide, Department of Health April 2002].
We believe that there should be power to bar from
private clubs people who exhibit disruptive behaviour as a consequence
of substance abuse, notwithstanding that they suffer a disability
defined under Disability Discrimination legislation. It is necessary
to protect the well-being of others using private clubs who come
under this legislation.
Clause 6, 24A-H Letting premises
People with a severe mental illness often face discrimination
from neighbours who do not want them living close by; this is
generally referred to as NIMBY (not in my back yard). This may
arise when letting individual or group homes. Those letting premises
come under considerable pressure from neighbours not to let premises
to those who experience a severe mental illness, such as schizophrenia.
As a result, those letting premises may succumb to that pressure
and withdraw accommodation from being let to such people.
We seek to have this situation come within the scope
of this Bill so that people with a severe mental illness are not
discriminated in this way. The key issue to address is the discrimination
expressed by neighbours.
Mental illness issues generally
Rethink supports the submission
made by MIND, in particular to amend Schedule 1 to the 1995 Act
as follows:
a Para 1(1) - to remove this sub-para limiting
the definition of 'mental impairment' to a clinically recognised
illness; this limitation does not apply to physical disabilities
or illness.
b Para 2(1)(a) - to amend the length of long-term
effects for people with mental health impairment to 'it has lasted
six months' instead of 12 months.
c Para 4(1) - to add to the list of normal day-to-day
activities
- 'thought processes, perception of reality, emotions
or judgement'
- 'the ability to care for oneself'
- 'the ability to communicate'.
Illustration of ability to perceive reality
Emily, who had a diagnosis of schizophrenia, had
worked successfully as a full-time teacher for eight years during
which time she received regular injections of anti-psychotic medication.
She lived in her own home, which was mortgaged. Following a decision
to come off medication and rely on an alternative therapy, she
relapsed and became convinced that the world was controlled by
aliens. She often discussed this delusion with her class of young
children who became frightened, and she was dismissed from her
job. However, she was perfectly able to look after herself and
her home.
We should just add that people with mental health
problems may not be perceived by employers and others as having
a disability. This is because the word 'disability' is generally
associated with physical disability. We believe that it is particularly
important that when the Disability Rights Commission monitors
the use of the legislation it pays particular attention to this
area.
Yours sincerely
Paul Farmer
Director of Public Affairs
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