Memorandum from Rethink (DDB 26)
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 7,000 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.
February 2004
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