Memorandum from Arthritis Care (DDB 70)
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 one in five people
in the UK[42]
and is the leading cause of physical disability[43].
Arthritis affects people of all ages[44].
There are 12,000 children in the UK with arthritis and approximately
27,000 people living with arthritis are under the age of 25[45].
One in five GP visits involves the symptoms of arthritis[46].
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 conditions[47].
The two most common are osteoarthritis and rheumatoid arthritis
(RA) [48].
The total cost of arthritis to health and social services in the
UK is estimated as £5.5 billion[49].
Arthritis and related conditions are the second most common cause
of days off work in both men and women[50].
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 billion[51].
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 10 years on average; an equivalent figure that is attributed
to coronary artery disease, diabetes, stroke and Hodgkin's disease[52].
80% of people with RA become moderately to severely disabled within
20 years of diagnosis[53],
with 790 deaths in the UK were attributed to RA[54].
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 too 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
7.1 Arthritis Care welcomes the draft Bill's
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.
8.3 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.
February 2004
42 McCormick A, Fleming D, Charlton J. Morbidity statistics
from general practice. 4th national study 1991-92. London, HMSO
(1995). Back
43
Disability Living Allowance, Attendance Allowance and Invalid
Care Allowance-Disability Care and Mobility Quarterly Statistical
Enquiry. Department of Work and Pensions 2002. Back
44
McCormick A, Fleming D, Charlton J. Morbidity statistics from
general practice. 4th national study 1991-92. London, HMSO (1995). Back
45
Disability Living Allowance, Attendance Allowance and Invalid
Care Allowance-Disability Care and Mobility Quarterly Statistical
Enquiry. Department of Work and Pensions. 2002. Back
46
Royal College of General Practitioners (1996) OPCS Department
of Health and Social Security. Morbidity Statistics from General
Practice. Fourth National Survey 1991-92. HMSO. Back
47
Information for People with Arthritis. Arthritis Care. 2002. Back
48
Information for People with Arthritis. Arthritis Care. 2002. Back
49
Arthritis: The Big Picture. Arthritis Research Campaign (ARC)
2002. Back
50
Arthritis: The Big Picture. Arthritis Research Campaign (ARC)
2002. Back
51
Arthritis: The Big Picture. Arthritis Research Campaign (ARC)
2002. Back
52
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. Back
53
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; 39:1403-09. Back
54
Arthritis: The Big Picture. Arthritis Research Campaign (ARC)
2002. Back
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