Joint Committee on the Draft Disability Discrimination Bill Written Evidence


Memorandum from Lindsay Carter (DDB 98)

  In a fair and decent society all disabled people, regardless of impairment, should have the choice and the resources to live in the community. The government must act in a positive way to create the structures and systems required so that everyone has that choice. Disabled people have been locked away and segregated in institutions too long and it is time for this practice to stop. Disabled people should have the right to full inclusion in this society.

SOCIAL MODEL OF DISABILITY

  The new legislation fails to take the Social Model approach, instead it is building on the medical/individual model approach taken by the Conservatives under the DDA in 1995.Under this approach (medical Model) the reforms the government are proposing are piecemeal and not joined up. There is no evidence of strategy or cross government thinking or a change in the way that the government is committed to tackle the long-term problems.

CONSULTATION

  Disabled people were prepared to work with this government to develop policy but this government has deliberately ignored disabled people working to the social model. Major charities, run by non-disabled people, which run the institutions that disabled people want to close, have been closely advising the government on the new legislation. Talking to non-disabled people on disability issues is not the way to create a learning government or radical policy. It is like talking to white "experts" on black issues, or male "experts" on women's issues.

THE SEVEN ACTION STEPS TO INDEPENDENT LIVING

  A Social Model approach would adopt the seven action steps to independent Living as a template for developing policy. This has not been done. Below are steps to see what the government could have done and what they are proposing. Birmingham City Council has demonstrated that a political body (ie the Council) can adopt the Social Model and begin to plan and review services around the seven action steps.

WHAT DISABLED PEOPLE WERE LOOKING FOR

  The seven steps to Independent Living devised by Ken and Maggie Davies in the 1970s remain a useful template for looking at the services required to get people' and keep people' out of institutions. Below is a description of each step what the government could do to strengthen policy and practice in this area and a commentary on what it is proposing.

1.   Information

  Disabled people need information at the right time in accessible formats about services, processes and procedures that promote independent living so they can make good decisions about their lives. The best information disabled people receive is still within the voluntary sector. The experience of disabled people is that there are too many places to go for different bits of the jigsaw. The government could have announced a duty on Local Authorities and Health Care Trusts to work together to create one-stop-shops led by disabled people in the voluntary sector where all the information they need is contained in one place with a dedicated phone or minicom line. The government could have recognised and supported the tremendous work disabled people are doing in the voluntary sector. They haven't.

2.   Peer Support and Advocacy

  Often when the information is confusing, disabled people find it helpful to talk to and learn from other disabled people. Disabled people may feel more comfortable, or really need an advocate to work with them when making choices about independent living. When the system is failing them they may need an advocacy group to campaign to challenge and change the system. Disabled people call on the government to create Independent Living Centres throughout the country and to place a duty on Local Authorities to develop, fund and support these vital pieces of the jigsaw. IL Centres are controlled and run by disabled people who are in the best position to be peer counsellors and effective advocates. The government should recognise and support, through funding, BCODP and the National Centre for Independent Living. These are the expert organisations that government should work with in developing and implementing this policy.

  The government has done little, and understands even less, the principles of peer support and advocacy. Furthermore BCODP and NCIL continue to struggle for the level of funding they need to achieve their mission. 96p in every pound the government gives to the voluntary sector goes to organisations not controlled by disabled people. These organisations are impairment-specific and not based on the Social Model. In return for this funding these organisations, including those running the institutions disabled people are against, rubberstamp the government's new proposals. Until the government accepts the principals of self-help, self-empowerment, self-representation and accountability disabled people will be disempowered and discriminated against.

3.   Housing

  Disabled people need affordable accessible and safe housing which is not linked to the services they need around personal assistance. The chronic lack of this kind of housing in this country means inevitably disabled people and elderly people will be segregated from their families, and forced into institutions. The main cause of impairment is age and we are all living longer. Improvements in our health care will as a consequence create more people who survive trauma and become disabled people. In 2020 the baby boomers will reach 65 and the number of people with impairments requiring housing will soar. This country is heading for a major crisis in housing, pensions and health care. All new housing should be built to lifetime homes standards. The new legislation does little if anything to accomplish this and certainly couldn't be seen as a long-term strategy to avert this crisis. Encouraging private landlords to make a few adaptations is not enough. The government should urgently engage in across the board talks with all concerned, including disabled people, and publish long term sustainable plans to avert this crisis that disabled people are already at the sharp end of.

4.   Aids and Adaptations

  Some disabled people need aids and adaptations to live independently or to reduce the time that they need personal support. There should be a duty on Local Authorities and Health Care Trusts to reduce the waiting time and to simplify and de-"professionalise" the assessment process. Disabled people should not be means tested for equipment, which they use to get out of bed or into a house, or to cook meals without relying on someone else. These basic needs should be free of charge. There is nothing in the government's new legislation that tackles this.

5.   Personal Assistance

  Even with the other steps in place some disabled people need personal assistance to live independently. This could be assistance with household tasks, money management, support in emotional crisis, or help with childcare. Direct payments which mean that disabled people can hire, direct and fire their own assistants are vital, however there has been little funding to promote and market this service. Independent Living Centres pro rata throughout the country, could develop these services. Disabled people in sheltered housing or residential care homes should have choice and control over who undresses them, what time they go to bed etc. There should be a marked increase in the rate of pay for Personal Assistants working within the current direct payments schemes, to reflect the importance and responsibility of the job. Every disabled person currently living in residential care should be offered the opportunity and the resources to return to the community. The new Bill does not address these concerns in any way whatsoever.

6.   Transport

  The timescales for trains to be accessible is too long. There are no plans to make the Underground stations accessible in this Bill. The government's taxi policy should be extended to private hire companies, to make all new private hire vehicles accessible by law. This could be easily and cheaply done and would offer greater choice for disabled people in all areas. A Taxicard option should be compared to Ring and Ride/Dial a Ride services, it may be cheaper and more convenient for disabled people .

7.   Access to the environment

  Disabled people need to have access to the environment; both the built environment and accessible information so they can achieve full participation and equality. The DDA of 95 and the new proposals that this government is bringing in seem to address this, except that without giving the legislation real teeth, little is going to changed and certainly not at the pace that disabled people want and need. Less than 30% of Local Authority buildings are accessible despite the DDA law being on the statute book for eight years. The key problem is that individual disabled people have to bring and prove the charge against well-organised and well-briefed opposition. Disabled people have called for legislation so that disabled people can bring class action suits against those that are still breaking the law. This would then act as a substantial deterrent to non-compliance and maybe increase the pace of change.

Lindsay Carter

March 2004




 
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