Dec 112025
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Contents

McFadden brags about cutting disability benefits, just as his own strategy warns of ‘deep material poverty’ 1

Minister misleads MPs as mystery deepens over new £2 billion cuts to disability benefits 3

Duty to disabled passengers in railways bill is ‘too vague’ and must be strengthened, MPs are told 5

Peers urged to ‘err on the side of caution’ and raise minimum age limit in assisted suicide bill 7

Scottish and UK governments are failing to uphold disability rights, says watchdog 9

Thousands of disabled people in one county should benefit from care charging legal case victory 11

Other disability-related stories covered by mainstream media this week 14

 

 

McFadden brags about cutting disability benefits, just as his own strategy warns of ‘deep material poverty’

The work and pensions secretary has bragged about cutting disabled people’s support, three days after launching a child poverty strategy which warned that more than a million children in families where someone was disabled were living in “deep material poverty”.

Pat McFadden told the BBC’s Laura Kuenssberg on Sunday that his government had halved the health element for new claimants of universal credit because “under the Tory system we inherited, people got double the money for declaring themselves unfit for work”.

And he said he did not rule out further cuts to benefits.

But his comments on Sunday morning came three days after his Department for Work and Pensions (DWP), alongside the Department for Education and the prime minister, had launched Labour’s new Child Poverty Strategy.

The strategy’s evidence pack states that “single parent families and families where someone has a disability (are) particularly overrepresented in deep material poverty”.

In 2023-24, according to the strategy, there were 1.3 million children in a family where someone is disabled (22 per cent of those children) who were in “deep material poverty”.

The evidence pack points to disabled people’s “high additional living expenses such as transport, home adaptations, or specialist equipment”, while “caring responsibilities or accessibility issues can mean that it is difficult or not possible to find work that suits [those families’] requirements”.

The report itself says that “deep material poverty is especially pronounced for children in single parent families and children in families with disability”.

And it adds: “There are parents who may not be able to work, for example due to severe disability, or who fall on difficult times outside of their control.

It is not right that we have a system where children are penalised through no fault of their own.”

Three days later, McFadden boasted to Kuenssberg about doing exactly that by slashing the health element of universal credit for most new claimants by about £50 a week from next April.

Announcing the Child Poverty Strategy, the government said it would lift about 550,000 children out of poverty by 2030 and tackle the “root causes of poverty by cutting the cost of essentials, boosting family incomes, and improving local services”.

Measures include making it easier for new parents who receive universal credit to return to work by extending eligibility for upfront childcare costs to those returning from parental leave; ending the unlawful placement of families in bed and breakfasts beyond the six-week limit; introducing a new legal duty for councils to notify schools, health visitors, and GPs when a child is placed in temporary accommodation; and taking measures to help families buy more affordable infant formula.

The government had already announced at last month’s budget that it was removing the universal credit two-child limit that was imposed by the last government in 2017.

Asked by Disability News Service (DNS) to respond to McFadden’s comments, and to say whether he would apologise for his misleading statement about claimants “declaring themselves unfit for work” – when there is a lengthy and harsh “fitness for work” assessment process – a government spokesperson said: “We are reforming the broken system we inherited by tackling perverse incentives around sickness claims, increasing face-to-face assessments, and investing £1 billion to help sick and disabled people into good, secure jobs.

We want a welfare state that supports those who need it while helping people into work and delivering fairness to the taxpayer.

That’s why we’ve launched the Timms Review to make PIP fair and fit for the future, while Alan Milburn’s investigation into young people and inactivity will help us tackle the key barriers behind youth unemployment.

Thanks to our decision to scrap the two-child limit and introduce a wider package of measures for families we will lift 550,000 children out of poverty by the end of this parliament.”

This week, McFadden also released a written statement updating MPs on his department’s plans to improve its record on safeguarding benefit claimants.

It details a series of actions taken since a report on “safeguarding vulnerable claimants” was published by the Commons work and pensions committee in May.

Much of the statement had already been included in a letter he wrote to the committee on 18 November, on which he was questioned by the committee the following day.

McFadden admitted in this week’s statement that an assessment of DWP’s safeguarding approach had found “some good practice, but also variation in awareness, skills, and accountability”.

He said the first year of a new five-year DWP strategy would focus on “raising staff awareness of safeguarding responsibilities, building capability through training, and strengthening relationships with local authorities, health services, and voluntary organisations”.

He will publish a DWP safeguarding policy framework next year, setting out the department’s “comprehensive approach”.

McFadden said DWP “remains open to adopting a statutory duty” to safeguard claimants, one of the key recommendations in the committee’s report.

But there was no mention in his statement of the committee’s call for a new independent body to investigate cases where claimants have been seriously harmed by DWP’s actions.

DNS has previously shown how senior civil servants and ministers spent more than a decade covering up evidence that linked DWP’s actions with hundreds, and probably thousands, of deaths of disabled people who relied on the social security system*.

Documents secured through freedom of information requests, inquest reports, and investigations by bereaved family members show how DWP destroyed incriminating records, failed to share crucial evidence with its own independent reviewers and grieving relatives, and even lied to a coroner.

*The Department: How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence, DNS editor John Pring’s book on the years of deaths linked to DWP’s actions and failings, is published by Pluto Press

11 December 2025

 

 

Minister misleads MPs as mystery deepens over new £2 billion cuts to disability benefits

The disability minister has refused to apologise after misleading MPs about concerns over nearly £2 billion in new cuts to disability benefits.

The Department for Work and Pensions (DWP) has added to these transparency concerns by itself providing misleading information about the cuts, and again refusing to clarify how many disabled claimants will be affected, and how much they will lose.

Two weeks on from the budget, it is still unclear how DWP and its ministers intend to cut £85 million next year, £310 million in 2027-28, £520 million in 2028-29, £580 million in 2029-30 and £455 million in 2030-31, from spending on disability benefits.

Treasury documents, published on the day of the budget, show the cuts are connected with increasing DWP’s “capacity” to carry out reassessments of claimants through the work capability assessment (WCA), increasing the number of face-to-face benefit assessments, and “extending Personal Independence Payment [PIP] award reviews periods”.

The budget costings document says these changes will “ensure people receive the right health or disability benefit and the system is sustainable”.

But it is unclear from budget documents exactly how these changes will cut spending on disability benefits, and how any cuts will be split between disabled claimants of PIP and universal credit.

Last week, Disability News Service (DNS) reported the government’s refusal to explain how it will cut spending through these measures, despite repeated requests for clarity.

Following the DNS story, the Liberal Democrat work and pensions spokesperson, Steve Darling, asked in Commons work and pensions questions for an explanation of how disabled people would be impacted by the cuts, which he said had been “quietly sneaked into the budget the other week”.

DNS has been seeking clarification on the cuts from DWP and the Treasury since 26 November, the day of the budget.

And on 1 December, DNS copied in Sir Stephen Timms – the minister for social security and disability – to an email to DWP’s press office, highlighting concerns that he was breaching the post-election pledge he made 14 months ago to improve transparency within DWP.

The email asked for an explanation of how the £1.95 billion in cuts would be achieved.

But responding in parliament on Monday (8 December) to Darling’s question about the DNS report, Sir Stephen told him: “I do not know what the honourable gentleman is referring to.

I will happily look into the report he has spoken of.”

When DNS then asked if Sir Stephen would apologise for misleading Darling and fellow MPs, the DWP press office itself produced a misleading statement.

It said: “The £1.9 billion in welfare savings were announced by the chancellor at the budget and set out in full in the budget document.

This will be delivered through measures such as tightening eligibility for overseas pension accrual, reforming Motability, and reducing duplication in benefit administration.”

This is not correct.

The budget costings document makes no mention of the Motability tax changes or pensions in its brief section on the £1.95 billion cuts to “health and disability benefits”.

Instead, the document refers to “operational improvements to health assessments”, including the WCA, “changing the frequency of Personal Independence Payment (PIP) award reviews”, and plans to “increase the number of face-to-face health assessments conducted across both PIP and the WCA”.

Asked why it had provided further misleading information on top of Sir Stephen’s misleading answer to Darling, DWP had not responded by 11.30am today (Thursday).

Meanwhile, Liberal Democrat MP John Milne asked Sir Stephen on Monday if he agreed that the widely-ridiculed claim by Tory shadow work and pensions secretary Helen Whately that “millions are getting benefits for anxiety or ADHD along with a free Motability car” was “clearly nonsense” and “one of the least accurate claims ever made by a politician”.

Sir Stephen said he agreed, although he said that “choosing the most misleading claim is a tough contest”.

Another minister was asked by Liberal Democrat MP Caroline Voaden why one of her constituents in South Devon had spent “nearly two weeks calling the DWP every day to find out why his employment and support allowance had been stopped without warning”, but “each time he called, he waited for over an hour, only for the line to be cut off with no reply”.

DWP minister Andrew Western said such service was “unacceptable” and he promised to “look into it on her behalf”.

The SNP’s Chris Law asked Sir Stephen what action he was taking after nearly 1,000 new and existing claimants had a work capability assessment cancelled by private sector contractor Maximus since 9 September 2024.

He said a whistleblower had told him cancellations were “a regular occurrence, largely because of IT services provided by the DWP”, with one of his Dundee constituents having their WCA cancelled five times.

Sir Stephen said he would be “happy to look into the details”.

11 December 2025

 

 

Duty to disabled passengers in railways bill is ‘too vague’ and must be strengthened, MPs are told

A statutory duty in the new railways bill to ensure ministers and public bodies promote the needs of disabled passengers is “too vague” and must be strengthened as the legislation passes through parliament, MPs were told yesterday (Wednesday).

The transport select committee was hearing evidence from experts a day after the government’s railways bill passed its second reading in the House of Commons.

Emma Vogelmann, co-chief executive of the disabled people’s organisation Transport for All (TfA), welcomed the inclusion in the bill of a statutory duty that will force those in charge of the railways to take account of “the needs of disabled persons”.

Labour had previously dropped plans to ensure there was a statutory duty on accessibility in the bill.

But Vogelmann told MPs on the committee that the duty’s wording was “very vague” and “too unenforceable” and “doesn’t guarantee improvements for disabled passengers”, despite the “desperate change that is needed in terms of accessibility”.

She said TfA wanted the bill strengthened so there was a duty to “actively and continuously improve accessibility across the rail network” and ensure there are “measurable outcomes” that show what progress is being made every year.

The bill currently says that ministers, Great British Railways (GBR) and the Office of Rail and Road will have a duty to carry out their roles – alongside other statutory duties – in “the manner best calculated to promote the interests of users and potential users of railway passenger services including, in particular, the needs of disabled persons”.

But Vogelmann told the MPs the legislation should be strengthened to “make sure that accessibility is enforceable and that it is an over-riding, consistent priority for Great British Railways as opposed to at the moment where we feel it is potentially not given enough enforcement power and it is subject to political will in some instances”.

She said the current wording of the duty was “almost purposefully vague”, which risked perpetuating the “tick box” culture and lack of meaningful action on accessibility across the rail system.

She added: “The lack of enforceable standards, the lack of enforceable actions, is really why disabled people feel excluded from the rail network at the moment and why many of us face so many barriers.”

The previous day, a string of MPs had highlighted the need for meaningful improvements to accessibility on the railways, during the bill’s second reading.

The bill will create GBR, a new publicly-owned company that will bring together management of passenger services and rail infrastructure.

The government also plans to use the bill to introduce a stronger passenger watchdog and to simplify fares and tickets.

Transport secretary Heidi Alexander told MPs the bill would “sweep away the fragmentation and dysfunction that have plagued the railway for too long and will bring the 17 organisations involved in running the railway together into one public body, Great British Railways, which is the directing mind that this industry has long called for”.

Many MPs in the debate called for improvements to the government’s Access for All programme, which funds access improvements at rail stations.

Conservative MP Mark Pritchard said “more needs to be done on step-free access” because there was “currently very little in the bill that suggests that more will be done, particularly for rural stations such as Cosford, Shifnal or Albrighton in Shropshire.

If it cannot be done at every station, and there is no money for that, there at least needs to be step-free access and improved disability access somewhere along inter-county railway lines.”

Adam Dance, the Liberal Democrat MP for Yeovil, said: “Too many rural railway stations are not accessible for disabled people.

Without support staff, constituents in Yeovil have had serious accidents at railway stations.

Although the government’s accessibility priorities, which we are debating today, are welcome, does my honourable friend agree that we need a strengthened Access for All programme?”

Keir Mather, a junior transport minister, told MPs he had “heard the calls from colleagues across the house about the importance of the Access for All scheme”, and that the government was continuing to fund the scheme.

Disability News Service reported last month that the government’s new “roadmap to an accessible railway” – covering England, Scotland and Wales – appeared to suggest a reduction in real spending on the Access for All programme, with the roadmap promising a future commitment to only spend “up to” £70 million a year.

Conservative and Liberal Democrat MPs voted against the bill receiving a second reading, but it was easily passed by 329 votes in favour to 173 votes against.

11 December 2025

 

 

Peers urged to ‘err on the side of caution’ and raise minimum age limit in assisted suicide bill

Peers have been urged to “err on the side of caution” and raise the minimum age limit for an assisted death from 18 to 25, as part of a controversial bill that aims to legalise the practice.

As the House of Lords again debated some of the hundreds of amendments proposed to the terminally ill adults (end of life) bill, peers were told that a minimum age of 18 was “contrary to the mounting evidence of when the brain is fully formed”.

Labour peer Baroness [Luciana] Berger told fellow peers last Friday (5 December) that social media had become “a powerful driver of harm” and that research showed young people in vulnerable situations were “disproportionately exposed to posts that glamorise suicide or present suicidal thoughts as normal, appealing or even fashionable”.

She said she was “haunted” by the words of a young disabled woman who had said in evidence at an earlier stage of the bill: “I’m in care. I’ve got disabilities. The government will pay for me to die under this bill, but it won’t pay for me to live.”

Baroness Berger reminded peers that the children’s commissioner, Dame Rachel de Souza, had said she would “far rather that we erred on the side of caution, protecting those who have had terrible lives, terrible experiences, have been abused, have had their families turn them out, protecting those [with] extreme mental illness, protecting those with special educational needs and disabilities, protecting anorexic children who are heading into adulthood”.

Baroness Berger said: “I am clear that we must continue to say to children and young people: ‘Yes, your life matters. Even if it will be a short life, it matters.’”

Labour peer Lord Falconer, who is sponsoring the bill in the Lords, said he believed 18 was still the right age, but that “maybe the answer is some assurance that there is a more intense assessment for people aged between 18 and 25”.

The issue is likely to be debated again at the bill’s report stage.

Meanwhile, the disabled Conservative peer Lord [Kevin] Shinkwin warned of a further attempt to “weaken” the bill’s protections after Lord Falconer proposed an amendment that would affect the adjustments that must be made for those with language and literacy barriers, including people with learning difficulties.

The bill currently states that doctors assessing someone for an assisted suicide “must first ensure the provision of adjustments for language and literacy barriers”.

But Lord Falconer suggested in his amendment that doctors should instead “take all reasonable steps to ensure… effective communication”.

Lord Shinkwin said he failed to see how the change would “do anything other than weaken this bill” and would “fundamentally weaken one of the bill’s safeguards, such as they are”.

He said the bill “makes a mockery” of the Labour party’s “fine, noble and honourable tradition” of “advancing disability rights”.

He said: “It shreds a tradition that deserves to be preserved, not sacrificed in such a profoundly cynical and misleading way as to make out, as the amendment does, that this is somehow only a drafting change.

There is a reason why not one organisation of or for disabled people supports the bill; they know that disabled people need the bill like a hole in the head.

I marvel that the noble and learned lord does not seem to realise that the bill is dangerous enough already without the removal of provisions that would at least acknowledge the obligation to first ensure that communication adjustments were made; for example, for people with learning disabilities or users of British Sign Language.”

There was also criticism of Lord Falconer’s proposed amendment by Baroness [Nuala] O’Loan, the human rights expert and former police ombudsman for Northern Ireland, who said his amendment would introduce “a far less specific test, and consideration must be given to setting standards for the level of communication which is required”.

She asked Lord Falconer whether his amendment would “inadvertently disadvantage those with specific learning difficulties and similar vulnerable groups”.

Lord Falconer insisted that the amendment was “not a watering down at all” but he said he would discuss Lord Shinkwin’s concerns with him before the next stage of the bill, although “at the moment, it looks to me to offer just as good, if not better, protection”.

Peers have now dealt with only six groups of amendments, out of the – currently – 84 they will need to get through to move onto the next stage of the bill in the Lords, with further debate planned tomorrow (Friday).

The Hansard Society said this week that if the Lords continued at its current pace it would “far fall short of what is needed to complete the remaining groups in time”, with parliament’s current session due to end in the spring, probably in May.

11 December 2025

 

 

Scottish and UK governments are failing to uphold disability rights, says watchdog

The Scottish and UK governments are both failing to uphold the rights of disabled people in key areas, according to an annual report by Scotland’s human rights watchdog.

Two of the 10 areas of “urgent concern” highlighted by the Scottish Human Rights Commission in its State of the Nation 2025 report focus on continued breaches of disabled people’s rights.

The report – presented this week to the Scottish parliament – says the support for people with learning difficulties and autistic people to live in their own homes is “inadequate”, with many forced to live in accommodation that is “institutional, inappropriate, and not in the area that they would call home”.

The Scottish government has failed to put in place the necessary community-based support to deliver the right to independent living, it says.

It also points to the lack of “transparency and monitoring” to ensure action in this area meets human rights requirements.

The report also warns that disability benefits fail to provide a “decent standard of living” and are at risk of being cut, even though disabled people are more likely to live in poverty than people living in households where no-one is disabled.

Disabled people and disabled people’s organisations told the commission last year that social security payments that are meant to cover additional disability-related costs for daily living “are in fact being used to cover basic household expenses such as food”.

Disabled people are “going without enough income to meet costs” and facing rising debt, and are often unable to pay for fuel, including the cost of charging their medical equipment.

The report adds: “Despite these impossible choices, UK politicians have been actively considering further cuts and changes to disability support.”

And, it says, some of the proposed policy choices “actively undermine the rights of disabled people”.

It particularly highlights the £50-a-week cut to the health element of universal credit for most new claimants, from next April, which is happening at a time when disabled people “are struggling to make ends meet”.

The cut, it says, “is particularly inconsistent” with the UK government’s obligation to realise rights progressively under the UN International Covenant on Economic, Social and Cultural Rights.

Despite the UK government failing to rule out future cuts to spending on personal independence payment (PIP), the Scottish government – which is now responsible for its own version of the extra costs benefit, adult disability payment (ADP) – has “indicated that it does not intend to change ADP to reduce spending”, the report says.

But it says that the Scottish government has still not demonstrated that it has taken a human rights approach to budgeting “that both aims to ensure there is no worsening of disability-related poverty” and, where there is such poverty, to reduce it.

It adds: “Devolution is no excuse for failing to respect, protect and fulfil human rights.”

Derek, a disabled person interviewed for the report, says: “It feels like a lot of the human rights are being chipped away.

We keep working away to make sure disabled people’s voices are being heard, but sometimes it can be disheartening, and I feel like I don’t have the energy.”

He has been supported by Glasgow Disability Alliance, and he told the commission: “My confidence came, not as an individual but from being involved in and as an ally to a movement.

The barriers affect so many areas of life. It took me 20 years of fighting my local housing authority to get information in an accessible format, never mind accessible housing.”

Among the report’s calls for action from the Scottish government, it says the necessary housing and social care support must be in place to ensure a right to independent living.

And it says ADP and “other forms of social security and financial support to cover the costs of disability” must “meet those specific needs”, in line with the UN Convention on the Rights of Persons with Disabilities.

Other areas of concern highlighted by the report include healthcare provision; the housing crisis that is denying people across Scotland access to “safe, affordable and adequate housing”; high levels of food insecurity and unaffordability; and changes to the UK social security system that “disadvantage the most marginalised people and families”.

Professor Angela O’Hagan, chair of the Scottish Human Rights Commission, said: “People are struggling to heat their homes, feed their families, or access basic services, and this is fuelling real frustration and tension across our communities.

At times like these, human rights matter more than ever. They provide the framework that requires public bodies to act fairly, protect people’s dignity, and direct resources to those who need them most.

The most effective way to rebuild trust and reduce anger is to make these rights a lived reality for everyone.”

She added: “This report is a clear call to action.

We urge the Scottish parliament and all public bodies to use its findings to make better decisions about legislation, budgeting and service delivery.

Human rights set the minimum standards that people in Scotland should be able to depend on, especially during tough times.”

Meanwhile, the Equality and Human Rights Commission (EHRC) has warned the UK government it is failing to uphold “fundamental” human rights, including access to healthcare for disabled people, the right to peaceful protest, and freedom from exploitation for migrant workers.  

In a new report, published on Human Rights Day, the commission assessed progress on some of the 302 recommendations (PDF) made by other UN member states at the UK’s Universal Periodic Review in November 2022.

The EHRC report says successive government disability strategies and action plans have failed to focus on improving health services for disabled people, despite data showing disabled people in England face greater barriers to healthcare and are more often on NHS hospital waiting-lists than non-disabled people.  

11 December 2025

 

 

Thousands of disabled people in one county should benefit from care charging legal case victory

Hundreds, or even thousands, of service-users in Kent should benefit from a legal case taken by a disabled woman who spent years over-paying care charges because the county council failed to tell her about crucial rules.

Kent County Council – which is now run by the right-wing Reform UK party after a landslide election victory earlier this year – has now backed down and agreed to do more to tell disabled people in the county how calculating their disability-related spending could reduce their care charges.

A disabled woman known as PXA had been forced to cancel her council-funded support because she could not afford the higher charges imposed in September 2024 when the council changed its charging policy, leading to her and thousands more disabled people in the county seeing sharp increases in their weekly care charges.

After seeking legal advice, she learned that she had been overpaying her care charges for years because her disability-related expenses had never been assessed.

PXA won permission for a judicial review of the council’s actions, but the local authority backed down and settled the case, days before a trial was due to begin last week.

The case revolved around the council’s failure to do enough to tell disabled people about the disability-related expenditure (DRE) system.

When calculating a person’s social care charges, a local authority must – if it treats their disability benefits as income – deduct what that person spends in DRE.

But Kent County Council’s policy since 2003 had been to deduct a standard amount for DRE and only to carry out an assessment of their actual spending if the disabled person asked for one.

The council set this standard amount at £21 in 2003, and reduced it to £17 in 2011, failing to increase it to allow for inflation for the next 14 years.

Legal firm Gold Jennings, which represents PXA and three other claimants, found that between them they had overpaid tens of thousands of pounds in care charges.

The firm believes there are “hundreds if not thousands” of other disabled people in Kent who were unaware that they should request an assessment of DRE to try to reduce their care charges.

The council’s own statistics show that, of about 16,000 individuals paying for their care in the county, only a few hundred had requested a DRE assessment.

Gold Jennings said PXA’s case was assisted by “compelling” evidence from the disabled people’s organisation Inclusion London, which used its virtual DRE assistant to highlight how disability-related spending for many people was likely to be significantly more than the £17 per week used by Kent County Council.

Even the council’s own figures – using individual assessments carried out in the 11 months after the September 2024 policy change – put average DRE at £55.46 per week.

Disabled people with this average level of DRE would have been overpaying care charges by nearly £2,000 per year.

PXA provided evidence that she had “never properly been told about DRE or that she could request an assessment”, said Gold Jennings.

The council has now agreed to make significant changes to its policy, including referring to DRE in its annual charging letters; providing clearer guidance in its DRE factsheet; and changing guidance to ensure council staff tell claimants about DRE and its importance in cutting charges.

It has also agreed to credit a “goodwill” amount to PXA to reduce her future care charges.

Svetlana Kotova, director of campaigns and justice at Inclusion London, said: “We are pleased with the outcome of this legal challenge and sincerely hope the changes that Kent agreed to make will enable many disabled people who use social care to keep more of their money.

This case shows very powerfully the problems in practice with the DRE assessment process, which in theory allows disabled people to prove their extra disability costs so that they can keep more of their disability benefits, but is often unworkable.

People don’t know about DRE and the process of claiming it is very complicated and often demeaning.

It is wrong that people with very high support needs end up being overcharged for the essential care they need.

This just pushes disabled people into deeper poverty.

This is why Inclusion London have been campaigning to scrap care charging altogether.”

Clare Jennings, head of public law at Gold Jennings, said the consequences of the council’s actions were that her clients had been overpaying by thousands of pounds a year for their care, for many years.

She said: “I am deeply concerned that my clients’ situation is not unique and that there will be hundreds, if not thousands, of others like them in Kent, and thousands more in other local authority areas who operate similar policies, who have overpaid for their care, enriching local authorities by tens of millions of pounds.”

A council spokesperson said: “Faced with increasing demands for complex care, rising costs of care and a lack of adequate funding from central government, we are having to take tough decisions to make sure future essential services are sustainable.

Unlike a number of other UK councils, Kent County Council delayed using powers given to local authorities under 2014’s Care Act to take into account higher, or enhanced, rates of disability benefits when assessing how much people should contribute to the cost of their care.

Following public consultation in 2024, the decision to change this policy and increase the amount some people contribute to the cost of their care was not taken lightly and we included a £900,000 contingency in the budget to help with increased disability-related expenses.”

11 December 2025

 

 

Other disability-related stories covered by mainstream media this week

Health secretary Wes Streeting is launching an independent review into rising demand for mental health, ADHD and autism services in England. It will look at both whether there is evidence of over-diagnosis and what gaps in support exist: https://www.bbc.co.uk/news/articles/ce8q26q2r75o (this confirms the launch of a review that DNS first reported on two months ago: https://www.disabilitynewsservice.com/alarm-over-governments-choices-to-lead-over-diagnosis-review-that-could-help-ministers-cut-benefits/)

The Conservatives have begun a policy review to slash the scope and cost of the benefits system, with Kemi Badenoch saying an “age of diagnosis” for “low-level mental conditions” was fast making it unaffordable. While it is up to the review to come up with specific policies, the Conservative leader hinted that some payments could become time-limited, saying one element would examine “at what stage support should come in, and how long it should last”: https://www.theguardian.com/society/2025/dec/09/badenoch-announces-tory-review-of-which-conditions-qualify-for-benefits

Senior Scottish politicians fear there could be a risk of “death tourism” from terminally-ill people travelling from other parts of the UK to end their lives in Scotland. A cross-party group of MSPs, including deputy first minister Kate Forbes, said the looser controls on eligibility written into an assisted dying bill for Scotland could attract people who are unhappy with stricter rules planned for England and Wales. The Scottish bill is expected to have its final vote in February: https://www.theguardian.com/society/2025/dec/10/scotlands-looser-rules-on-assisted-dying-could-lead-to-death-tourism-say-senior-politicians

A new strategy focusing on disabled people in Northern Ireland will go out for public consultation. Communities minister Gordon Lyons outlined details of the draft plan on Tuesday in the assembly. Disabled People Against Cuts has already issued a briefing paper spelling out the draft strategy’s “failures”: https://www.bbc.co.uk/news/articles/cm21zg3jlxdo

One of the most senior civil servants in the Department for Work and Pensions (DWP) has placed the blame for the carer’s allowance benefits crisis on victims, many of whom have been left with life-changing debts. In an internal blogpost written for Whitehall colleagues, Neil Couling, director general of DWP services, said individual failings by carers were “at the heart” of the issue that has been likened to the Post Office Horizon scandal: https://www.theguardian.com/society/2025/dec/06/senior-dwp-civil-servant-blames-victims-for-carers-allowance-scandal

Scottish Labour’s education spokesperson has quit over her friendship with a convicted sex offender. Disabled MSP Pam Duncan-Glancy resigned after the Daily Record approached her and her party about her links to disgraced former councillor Sean Morton: https://www.dailyrecord.co.uk/news/politics/scottish-labour-education-spokeswoman-quits-36358285

11 December 2025

 

News provided by John Pring at www.disabilitynewsservice.com

 

Jun 102025
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net
Portrait of Stephen Timms MP
Disabled People Against Cuts (DPAC) has today written to Stephen Timms, the Minister of State for Social Security and Disability, to raise our serious concerns with the quality and fairness of the so-called “consultation” being carried out on disability benefit cuts.
We are asking for the consultation to be extended, and for urgent action to address the failings.
We urge the government start again on welfare reform, listening to disabled people and carers in a genuine process of co-production.
This is what we said in our letter:
Dear Stephen Timms,

I am writing to you on behalf of Disabled People Against Cuts (DPAC) to urgently raise concerns regarding the accessibility of the consultation on the benefits cuts proposed in the March 2025 Green Paper. In light of the limited time available for the consultation which is due to close on 30 June 2025, you are asked to take urgent action to address our concerns, confirm what steps are being taken and to extend the time available for disabled people to engage with the consultation given the accessibility issues they have faced to date. In order for the consultation to fulfil its purpose. Disabled people who are likely to be affected by proposed benefits changes, must have a proper and meaningful opportunity to engage with the consultation and accessible arrangements must therefore be urgently made to facilitate their proper participation in the consultation.

Our concerns

The face-to-face consultation in Cardiff on the 3rd June was cancelled less than two days after the venue was announced, with only one working day left before the event.

The DWP has claimed that the Cardiff venue cancelled the meeting at the last minute yet the venue itself was already inaccessible to disabled people. No transport to the venue was offered by the DWP for those who wanted to take part.

The booked venue was only revealed at the last minute. This was despite disabled people asking multiple times, over weeks, for information so that they could plan journeys, accommodation, and access requirements. The venue was far out of the centre of Cardiff, and completely inaccessible for many disabled people, especially at such short notice. It would have meant a wheelchair user travelling 1.6 miles unassisted. Shockingly this was the only face-to-face consultation event for the whole of Wales.

People at other DWP consultations in England have had similarly poor experiences. For example, lack of accessibility of the venue led to only 9 out of 15 people managing to attend the in-person consultation event in the South West.

The in-person consultations did not cover the North of England – Carlisle and Newcastle were completely missed out. For Wales, the North and South are poorly connected so any meaningful consultation would require not just an event in the South but another in the North.

In Northern Ireland no face-to-face consultations appear to be taking place at all and the date of the online consultation was only announced last week.

We have also received concerning feedback about the online consultations and the understanding of those conducting the meeting. One attendee reported:

It was also clear that not all participants fully understood the consultation questions or their implications, particularly those without background knowledge of the benefits system. This raises significant concerns about the quality and reliability of the feedback being gathered. At one point, the facilitator was unable to explain New Style ESA or JSA, and I had to step in to clarify how these benefits work, especially for those who do not qualify for income-related support. It was concerning to witness such a knowledge gap from someone facilitating a consultation on welfare reform.

Although we were told that all feedback would be recorded — even on topics not officially included in the consultation — it is unclear how that information will be used or whether it will influence policy development in any meaningful way.

The impact of the failure to make arrangements for accessible and meaningful consultation meetings

Only having online consultations and/or not having sufficient and/or accessible face-to-face consultations is unacceptable because, as I’m sure you’re aware, at least one-third of disabled people do not have access to the internet or the skills needed to take part in an online meeting. This obviously means that many people who will be most affected by the Government’s planned cuts to social security payments will be totally excluded from taking part in any consultation events.

We are concerned that the consultation not only doesn’t deal with many of the policies that are most likely to affect disabled people (as it only deals with 12 out of 22 policies) but fails to properly engage disabled people on those limited topics. We are also concerned that full impact assessments which would inform engagement with the consultation are not available and will not be made available during the course of the consultation.

The whole process to date seems inaccessible, chaotic and incomplete and given how few people are being consulted, both virtually and in person, we are extremely concerned about how representative this process is and whether it meets even the most basic standards of engagement with disabled people and their advocates.

Furthermore it is DPAC’s view that the whole process is flawed and is non-compliant with Articles 4 (3) and 33.3 of the UN CRPD and General Comment 7.  It also violates the Gunning Principles and the requirements to make reasonable adjustments under the Equality Act and is therefore potentially unlawful.  The only meaningful remedy is to withdraw the proposals and meaningfully engage with disabled people and our representative organisations to ensure all government proposals are compliant with the UN CRPD and equality legislation and ensure progressive realisation of the articles as well as compliance with equality duties.  Failure to address these flaws may result in legal action and sanction from the disability committee of the UN.

It is essential that the government start again on welfare reform, listening to disabled people and carers in a genuine process of co-production.

In light of the concerns outlined above and the limited time available, we invite you within 7 days i.e.  by June 16th to confirm:

1.     What steps are being taken to ensure that online and in-person consultation events are accessible and available to affected disabled people across all relevant regions. This should include ensuring accessible venues, across a range of regions as well as adequate notice to allow for attendance arrangements to be made.;

2.     That the time for engagement with the consultation will be extended by at least 4 weeks, to reflect the delays in making accessible arrangements and allow meaningful engagement with disabled people.

We look forward to your response by June 16th.

 

Linda Burnip

On behalf of the DPAC steering group

c.c. Debbie Abrahams, Chair of the Work and Pensions Select Committee,

Katie Farrington, Director General Social Security, Disability and Pensions

Helga Swindenbank, Head of Disability Services

May 042025
 
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The word Liberty in uppercase and in green.

Liberty UK writes:

The Court of Appeal has just delivered its judgment in our vital case to defend democracy.

AND WE HAVE WON!

The anti-protest laws which the former Conservative Government sneaked onto the books by the back door – and which were later disappointingly supported by the current Labour Government – are unlawful.

This is a huge victory for democracy in the UK.

In June 2023, then-Home Secretary Suella Braverman changed the law on when police can place restrictions on protests.

Braverman changed the definition of ‘serious’ disruption to mean ‘more than minor’ disruption – which gave police almost unlimited powers to shut down protests and arrest demonstrators.

Having initially failed to get these changes approved by Parliament as part of the Public Order Act 2023 just weeks earlier, Braverman used secondary legislation – a process which gets next-to-no scrutiny and debate – to make the exact same regulations.

Liberty challenged the regulations in the High Court and won.

In May 2024, the Court said that the former Government had completely ignored the will of Parliament, “serious could not mean more than minor”, and the regulations were unlawful.

However, the former Conservative Government launched an appeal against the ruling right before calling the General Election. The new Labour Government then continued that appeal and dragged us back to court last December.

And now today, the Court of Appeal has agreed with Liberty’s legal team. These powers are unlawful.

The regulations have been declared unlawful by two separate courts. The Labour Government must now surely do the right thing: scrap them before anyone else is wrongly hauled into the criminal system and review every arrest that has been made using these powers.

May 112018
 
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Annie has high support needs and was diagnosed with secondary progressive Multiple Sclerosis in  December 2009 and has become increasingly impaired.

After suffering excruciatingly painful spasticity in 2011 she spent 2 ½ months in Rehabilitation and on discharge in February 2012 was assessed by her Local Authority for care and was awarded 23 hours a week.

At the end of 2016 she collapsed and spent months last year in hospital.  They have said she will never walk again, and pain in her right arm since April has left her using a hoist since then.

But when she was reviewed on leaving hospital in May last year, her care package remained at a completely inadequate 23 hours a week and she was told she was lucky.  This despite the fact that in her current condition it scarcely gets her up in the morning.

She is now completely reliant on human support to live independently, unable to move, clean, toilet, dress, feed herself – or do anything.  She uses a hospital bed and wheelchair, and needs to be moved with a hoist by two people.

She is in constant pain, has spasms and severe spasticity yet she has been unable to access the extra hours of help she now needs.

She has no money and has had to borrow heavily from friends and family to survive and get some of the extra care she needs. This won’t continue to be possible.

Social services continue to fail to assess her needs, and have not provided her with a proper care plan since 2012. Like many others Annie has been stripped of her entitlement to legal aid due to the changes made by the Tories.

Thank you for taking the time to read this.  Any amount you can spare to help us pay for a legal opinion for Annie would help her and possibly others enormously. Any money donated and not used will go to Disabled People Against Cuts. (DPAC).

Please donate via GoFundMe or by paypal on the website. Mark any website donations for Annie.

https://www.gofundme.com/share/link/annie-needs-care-help-her-get-it

 

 

 Posted by at 20:53
Apr 032018
 
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The Public Law Project (PLP) is an independent, national legal charity which aims to improve access to justice for those whose access is restricted by poverty, discrimination or other similar barriers. It represented RF in the recent High Court case where the DWP’s changes to the PIP regulations were found to unlawfully discriminate against people with mental health conditions. PLP is representing another individual client, who is bringing a case concerning the DWP’s “workaround” communications system for people with disabilities who receive DLA/ESA/IB/PIP.

 

The DWP has a policy that it communicates with (non-UC) benefits recipients by post. However, its policy allows them to agree to email as a reasonable adjustment (the “workaround”), for example where a recipient has a disability.

 

The case is that the workaround is not satisfactory because it puts people using it at a disadvantage, including because there is a risk of letters being lost and there is no provision for two-way communication.

 

PLP needs to gather evidence of examples of problems caused by the workaround to support its client’s case. If you have had difficulties with the DWP’s communications system because of your disability, in particular if you have had difficulties getting the DWP to agree to email you as a reasonable adjustment, or have had information lost,  and are willing to discuss this further then please email Ollie Persey ([email protected]).

 

 

 

 Posted by at 21:13
Jan 192018
 
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At quarter to four this afternoon the Government sent PLP a letter confirming that they will not be appealing RF’s win at the High Court. This means that as of tomorrow – Regulation 2(4) from the 2017 Regulations is quashed and the original 2012 Regulation on planning and following a journey stands. The MH judgement also still stands (see further below), so those with psychological distress can be considered for all descriptors in planning and following journeys (Activity 11).

The Government have announced that they will now go through all affected cases and work out where backpayments/increases are due (see link from Hansard and excerpt below) https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2018-01-19/HCWS414/

The key difficulty May be that they have said during litigation that they don’t have records of who is affected, so how they will begin that process is unknown. Mind estimate around 160,000 people will be affected.

If you might have been affected by this illegal change sneaked in last March then please get in touch with DWP and/or your MP to ask for your money to be reinstated and backdated.

The decision not to appeal was apparently made by lovely Esther who said “I hope that by making this statement it is clear that the Government is committed to improving the lives of people with a Mental Health condition.”

I am sure all of you who have a MH condition will be very pleased to know this although you might also be rolling around laughing at her empty words.

 Posted by at 17:07
Dec 192017
 
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The outcome of the PIP legal challenge against the changes to who qualifies for Mobility component which will affect people with a MH condition is due to be handed down this week – either tomorrow or Thursday and there are a number of press people interested in reporting on it. However they want to speak to someone who will also be affected therefore I wondered whether any of you feel able to speak to them if needed about your own situation.

 

If you would be willing to please could you email us at [email protected] with your contact phone number.

 Posted by at 16:37
Apr 012017
 
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From Monday (3rd April), new recipients of employment and support allowance deemed healthy enough to carry out ‘work related activities’ will get up to £1,500 less each year than existing recipients. Anyone who feels able to work and does so for over 12 weeks but then needs to reclaim ESA will be treated as a new claimant.

When this cut was announced DPAC sought the views of a barrister as to whether this could be legally challenged and the answer was once someone is affected by it then it can be challenged.

We are in touch with a solicitor who is keen to pursue a legal challenge and therefore need to find someone eligible for legal aid willing to make one. We believe this could not only be a new claimant but anyone who might wish to work more than 12 weeks but who would then be disadvantaged if they needed to reclaim ESA at a later date.

If anyone is interested in knowing more and able to help with this incredibly important legal challenge please email us [email protected] or contact us via @dis_ppl_protest

The Institute of Fiscal Studies has put forward a useful round up of this savage cut

https://www.ifs.org.uk/publications/9117

Cut to employment and support allowance

Employment and support allowance (ESA) is the main out of work benefit for working age individuals who are judged not to be ‘fit for work’ due to a health condition. There are currently around 2.2 million individuals claiming ESA, of whom 250,000 are waiting for a health assessment, 1.6 million are in the ‘support group’, and 400,000 are the ‘work-related activity group’ (WRAG). The latter group are those deemed healthy enough to carry out ‘work related activities’, such as CV preparation or skills training.

From next Monday (3rd April) new WRAG claimants will receive £73.10 a week – the same as jobseekers’ allowance (JSA) claimants – rather than £102.15 a week as is currently the case (those in the support group are unaffected). This change will not create immediate losses of benefit income, because only new recipients are affected. Ultimately though, of course, all claims will be assessed under the new less generous rules. To give a sense of how quickly this will cut the generosity of benefits in practice, in the recent past around 60,000 people a year have started an ESA claim and ended up in WRAG – so we would expect approximately that number to get less money over the coming year than they would otherwise have got. In the long run this is expected to save the government about £650 million per year, with around 500,000 recipients getting £1,400 a year less than they would otherwise have got, on average.

What do we know about the sorts of people who are placed in the ESA WRAG? First, around half of them are entitled to ESA because of mental or behavioural disorders. Second, they tend to be somewhat older than JSA claimants, with about half being between 50 and the state pension age compared to about a quarter for JSA. Third, they tend to be on ESA for a relatively long time, as shown in Figure 1. Hence, while this change will align the weekly entitlements of ESA WRAG and JSA claimants, it is worth bearing in mind that the ESA claimants will tend to live on these amounts for substantially longer – around four in five WRAG claimants have been claiming for over two years, compared to less than one in five for JSA.

Figure 1. Proportion of claimants by length of claim, various benefits

 

Note: Before being placed in WRAG or support group or being declared ‘fit to work’, claimants must go through an assessment, during which they are entitled only to the basic JSA rate. The above data include time spent in the assessment phase, which typically takes at least 13 weeks. This is part of the reason why the ‘up to 6 months’ bars are small for the WRAG and support group. However, since this policy only affects claimants post-assessment, the left-hand stacked bar does give an accurate picture of claim durations for the group affected by the policy change. Source: DWP Tabulation Tool: Employment and Support Allowance, May 2016, Office for National Statistics, UK Labour Market: March 2017, Table BEN02

People might respond to this change in several ways. First, they may not choose to claim ESA in the first place: since JSA will afford the same financial support as WRAG, the financial incentives to go through the medical assessment rather than accept the additional work conditions of JSA are reduced. Second, those placed in the WRAG might challenge the decision to try to get into the support group and receive the now much higher entitlement. At the moment around 20% of those placed in WRAG challenge the decision at least once, so there is considerable scope for this to become more prevalent. Third, as the government’s policy costing document points out, they may try to claim other benefits. The main option available here is personal independence payment, a non-means tested disability benefit. Not only does this provide income directly (between £22 and £141.10 per week), but receipt can also be an automatic passport to higher ESA entitlements. Fourth, they could move into work. Claimants may be constrained in the extent to which they can respond in this way – WRAG claimants have after all been declared by the government to have ‘limited capability for work’. On the other hand, a DWP survey found that 30% of WRAG claimants are already looking for work, and some research suggests that employment decisions among the disabled can be sensitive to the level of disability payments. However, many – perhaps the majority – will not respond in any of these ways and will therefore have to make do with an average of £1,400 a year less than they would otherwise have got.

 

 Posted by at 21:49
Oct 212016
 
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As some of you will know there were changes in Blue Badge entitlement as a result of the introduction of PIP which meant that anyone who could walk regardless of other impairments such as Autism, MH or visual impairment were no longer able to qualify for a Blue Badge.

This change affected one of our supporters whose son had previously been entitled to a Blue Badge for around 30 years and the Local Authority involved refused to renew their badge when it ran out earlier this year. The result of that has been that the person became virtually housebound as he frequently had meltdowns and his PAs needed to be able to get him into the car quickly.

We referred this person to one of the solicitors we often work with Louise Whitfield of Deighton Pierce Glynn and we are delighted to report a very successful outcome.

Not only have the Local Authority backed down and renewed the Blue Badge but even without the case having to go to court The Department for Transport have agreed to carry out a review of the entire Blue Badge policy and its approach towards people with “non-physical disabilities.

The DfT have said: “I can confirm that the review process has now begun internally. The Department’s Blue Badge policy team is undertaking the review. They intend to involve the Department for Work & Pensions, Department for Health, lawyers, local authorities, DPTAC, disability organisations and mental health experts.  

They will look at how the scheme works for people with non-physical disabilities, with a view to ensuring that equalities issues are addressed and that the scheme continues to be sustainable for disabled people. Following the initial work, a public consultation is likely. Local authorities are also likely to need fresh guidance. It is not possible to give timescales at this stage but further information on the review will be provided in due course.”

 

 

 Posted by at 20:38
Jan 292016
 
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Following the winning of two Bedroom Tax cases this week by the grandparents of a young disabled man and the survivor of domestic violence in the Court of Appeal the government announced within hours that it intended to appeal against this decision and has allocated an unlimited amount of our money to defend their totally unjust policies.

You can read the full  so-called justification for this from the so-called minister for disabled people, Justin Torysnake in this link here
Under-occupancy Penalty (28 Jan 2016)
https://www.theyworkforyou.com/debates/?id=2016-01-28a.415.0&s=%22housing+benefit%22#g424.0
“Justin Tomlinson: We are not ignoring the ruling; we are appealing it.
We are doing that because we feel that discretionary housing payment is
the correct way to do it. Reforms take time to come in, as I said
earlier. *Housing benefit* cost £24.4 billion this year. Had we not
brought in reforms, every single one of which was opposed by the Labour
party, it would have cost £26 billion this year.”…..

 

Until this appeal has been heard in the Supreme Court anyone currently appealing against a bedroom tax decision will have their appeal ‘parked’ pending the outcome however in the meantime the government has produced new guidance for anyone affected specifying that their extra costs should be met from a Discretionary Housing Payment.

Bulletin for HB staff HB U1/2016, effective from 28 January 2016

The important point is that this states very clearly that any additional costs incurred in meeting disability related housing needs should be met by a DHP. The bulletin states -:

Court of Appeal judicial review decision concerning the maximum rent (social sector)

  1. Yesterday the judgment of the Court of Appeal was handed down in the joined judicial review cases R v. Secretary of State for Work & Pensions, ex parte Rutherford and R v. Secretary of State for Work & Pensions, ex parte A. The full judgment is available at: https://www.bailii.org/ew/cases/EWCA/Civ/2016/29.html

 

  1. The Court has found that the claimants have suffered discrimination contrary to A14 of the European Convention on Human Rights. However, the Court of Appeal repeated the finding at first instance that the Secretary of State had complied with the Public Sector Equality Duty.

 

  1. The Court has granted the Secretary of State permission to appeal the decision to the Supreme Court, and it is the Secretary of State’s intention to appeal.

 

  1. No action needs to be taken by local authorities following this judgment. It has not changed the applicability of the maximum rent (social sector) provisions and no action should be taken to re-assess the Housing Benefit (HB) of claimants in the appellants’ situation.

 

  1. The Department remains of the view that Discretionary Housing Payments (DHPs) are the appropriate means of protecting HB claimants in the appellants’ circumstances.

 

  1. Provided below are some Q&A to enable you to respond to any enquiries you might receive.

 

Q&A

 

  1. Is the government going to appeal?

 

  1. The Court of Appeal granted permission to appeal and it is the government’s intention to appeal.

 

  1. What does this mean for claimants with panic rooms or a disabled child who requires overnight care?

 

  1. The maximum rent (social sector) must continue to be applied to all claimants as before yesterday’s judgment.

 

  1. As a local authority should we continue to apply the maximum rent (social sector) in these cases?

 

  1. Yes, the legislation underpinning the size criteria remains in force. DHPs remain the appropriate mechanism for providing support where there is an under-occupancy deduction because of a panic room or a bedroom used to accommodate an overnight carer for a disabled child.

 

Applying for and Being refused a DHP

We know that although DHPs should be being made to people this is yet another post-code lottery and whether or not you get one and how long it is for varies from one LA to another.

We know that some LAs take DLA into account as available income when they should not do so.

You can’t appeal against being refused a DHP but you can still challenge it being refused through a Judicial Review. DPAC would encourage anyone who is refused a DHP to seek legal advice with regard to making a legal challenge against being refused and also they should apply again. (It is possible to have more than one JR against refusals at the same time).

 

Why discretionary DHPs are not an adequate replacement for rights

Disabled people need Rights not Charity or Discretionary Payments and access to this right was proven in a previous case relating to Local Housing Payments using right enshrined in article 14 of the European Convention of Human Rights. In particular the arguments used by the solicitor representing Trengrove vs Walsall Metropolitan Borough Council are particularly relevant in arguing this.

https://ukhumanrightsblog.com/2012/05/19/housing-benefit-system-discriminated-against-disabled-people-rules-court-of-appeal/

 

 

 

 

 

 

 

 

 

 Posted by at 20:05
Jul 122015
 
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Has your Council taken out or turned off safe street crossings to create a so-called Shared Space? As these are desperately dangerous for people with any and all impairments, Unity Law are now taking action against 5 councils.Please consider joining the action if you have a Shared Space where you live. Unity Law will represent you at absolutely no cost to yourself and the more people and places they have on board the better.

You can contact Chris Fry at Unity Law on 0114 361 0000 or [email protected]

 

 Posted by at 19:49
May 112015
 
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Secret Changes to Motability Grant Making Conditions – People needed for Legal Challenge

Motability have introduced changes to their grant making conditions discriminating against disabled people with the highest support needs who are unable to work for a minimum of 12 hours a week, carry out at least 12 hours voluntary work (which apparently can’t be internet based but has to be outside the home and doesn’t include travelling time), are not in education for at least 12 hours a week and who need specialised adaptations to transfer to drive or drive-from-wheelchair vehicles.

These changes have not been made publicly known or advertised to current customers in any way about who is eligible for a grant and the changes were made without any consultation.

We understand these changes were made from June 1st this year but customers are only being told about them when they enquire about a grant for a replacement vehicle.

The impact of these changes which affects those with the highest and most costly needs are potentially life-changing. It could well prevent people having contact with family (let alone friends) if they live in a rural area with little or no transport, it means anyone who can only travel with equipment like hoists. Oxygen cylinders and other bulky items won’t be able to go anywhere. It also ignores the fact that with other cuts to services people will not be able to ensure they have the physical support from someone else to drive them.

We have sought legal advice to see whether these changes can be challenged as discriminatory and now need to hear from anyone who is or would be affected by these changes in the near future and who would qualify for legal aid. In particular we want to hear from anyone who currently does not have a vehicle and has been refused the right to apply for grant funding.

If you think you might be affected by these changes and are willing to consider taking legal action then please contact us at  [email protected]

https://www.disabilitynewsservice.com/motability-face-court-action-discriminatory-new-rules/

 

 Posted by at 20:33
Jan 292015
 
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Legal Challenge re-PIP claims

We are aware that many disabled people are having problems with the way the new Personal Independence Payment (PIP) system works, and many people are having to wait a really long time for an assessment or decision. We know some people are waiting months, which is unacceptable.

If you are planning to apply for PIP, or have applied and are currently waiting for an assessment or decision, we can put you in touch with some solicitors who may be able to provide you with some free assistance which may speed up your claim where there is a delay. If you would like to find out about this please email us at [email protected]

Legal Challenge re- Sanctions

We are also looking for  ESA claimants who have been sanctioned, or threatened with a sanction, because they have not been able to undertake work related activity for some reason which is connected with their disability. For example, the claimant cannot attend training because their mental health problem prevents them from travelling or from working in a group of people they do not know. In such a case, we could argue that the DWP should make reasonable adjustments such as providing them with training via the internet or providing them with means of travel to training as appropriate.

The best time for a case to start is probably at the point when a sanction has been threatened and before it is imposed, but get in touch if your benefit has been reduced as well.

We also hope that the question of the lawfulness of sanctions can be looked at as well but need some individual cases first.

If you are interested in getting involved with either of these cases please contact us at [email protected]

 

 Posted by at 13:08
Jan 242015
 
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From the Leigh Day Website

The Department of Work and Pensions has agreed to publish their guidance on the Access to Work Scheme (AtW) after receiving a letter before claim from the law firm Leigh Day. The DWP have also confirmed that revised guidance is being produced and published, which they hope to commence by 30 March 2015.Lawyers acting on behalf of the campaign group ‘Stop Changes to Access to Work’, highlighted in a letter before claim that the DWP had acted unlawfully in having no officially published guidance for the scheme, thus meaning that potential claimants did not know the criteria for eligibility or the rules that would be applied to their claims, claimants were also unaware when changes were made to the guidance and the nature of those changes.

The Access to Work Scheme is delivered by the DWP through Jobcentre Plus and is designed to help people with disabilities to overcome work related obstacles. This includes the provision of grants that fund practical support for people with a disability to start working, to stay in work, to start a business, or to become self-employed.

Within their letter before claim Leigh Day also addressed issues relating to the ‘30 hour rule’, which they described as an example of the ‘apparently inconsistent, unlawful and opaque’ way the AtW scheme has been applied by the DWP.

In June 2011, the guidance of AtW was changed so that those receiving over 30 hours of assistance from a support worker could only claim for this on the basis of an annual salary of up to £30,000, rather than for an hourly rate of an agency worker.

The ’30 hour rule’ was suspended in May 2014 as the AtW underwent review over a three month period.

As there was previously no published guidance any updates made to the 30-hour rule were unknown, leaving the public unaware of the current and future status of the ruling.

Lawyers at Leigh Day requested in their letter that the DWP revisited the AtW grants of all those affected by the ’30 hour rule’ and reinstated the funding that they were entitled to prior to its implementation.

However, the DWP responded by saying that they felt it was not appropriate to review every case which was subject to the 30 hour rule.

Ugo Hayter, a solicitor in the Human Rights department at Leigh Day who is representing the ‘Stop Changes to Access to Work’ group, said: “We welcome the Department of Work and Pension’s decision to publish their current guidance as well as their revised guidance in March 2015.

“Their previous failure to publish this vital  information meant that public access to this was denied, which we believe was unlawful.

“We now urge for the issues raised in relation to the ‘30 hour rule’ to be re-considered as many people had their support by the Access to Work scheme arbitrarily cut or suspended through this rule, which put their employment and businesses at risk. We believe that this requires a full investigation and for action to be taken to reverse any outstanding cases where the 30 hour rule is still being applied.”

Ellen Clifford, on behalf of Stop Changes to Access to Work, said: “We are pleased by this victory and welcome the DWP announcing that they will publish guidance. This is a first step in the right direction in solving the numerous issues with the Access to Work scheme.

“However, the weaknesses in DWP’s administration of the programme are still prevalent, this is putting AtW users’ employment and their businesses at serious risk.

“We hope that the DWP will consult and communicate with AtW users;  make consistent and lawful decisions and take urgent steps to reinstate the funding to which users were entitled prior to the imposition of the 30-rule.”

 Posted by at 22:08
Jan 162015
 
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15 Jan 2015 — The Health Service Executive ( HSE ) continue to deny Anthony’s Human Rights, whilst paying €1000 per day, from the public purse, to fund private institutional abuse.

Anthony’s struggle for Independent living has been rejected by HSE, yet again.

Following an official mediation process. The details of that process are subject to a confidentiality agreement, which all participants signed.

I can however, disclose that a legally binding agreement, that evolved within that mediation process, signed by both parties: that HSE would provide a written response to Anthony’s family on 7th January 2015, was broken by HSE, who decided to give their bizarre verdict one week later on 14th January 2015.

In addition the HSE Area Manager signed an agreement prior to the mediation that HSE would cover All costs and expenses of the mediation. HSE subsequently reneged on this agreement, by refusing to pay the travelling and subsistent expenses for people supporting Anthony.

Area Manager of HSE gave no explanation.

The actions of HSE has demonstrated yet again the contempt and lack of integrity of a senior HSE manager, for due process and their disreputable behaviour in refusing to abide by their signed agreement, to cover all costs of mediation.

The HSE have also demonstrated a total disregard to Anthony by choosing to accept the voice of highly paid professionals, whilst refusing to accept Anthony’s own voice, and his preferences ,which have been consistently supported by his parents, who continue call for independent living.

The struggle for Anthony’s right to independent living will continue.

HSE have previously incarcerated Anthony in Redwood Institution, for three months assessment. during this time Anthony was abused, by highly paid professionals, by using anti-psychotic medication and refusing Anthony his right to attend His own case conference. Redwood has recently been exposed in the media following a detailed External Inspection Report, where there were major failings in Redwood to maintain acceptable standards of care for the residents.

The Redwood Inspection Report: https://hiqa.ie/system/files/inspectionreports/2433-27-September-2014.pdfn

Redwood was the centre we complained about to Senior Managers at HSE, during Anthony’s incarceration. The HSE managers stated that Redwood was a “Centre of Excellence”, with a highly expert multi disciplinary team, such language is used to camouflage abusive practice. It was one of those very same HSE senior nursing managers, who was part of the abuse of Anthony at Redwood, and making the same grandiose, statements about Nua Residential Healthcare institution. Nua healthcare in UK have had similar inspection failings in the UK reported by the Care Quality Commission. ( CQC)

https://www.cqc.org.uk/location/1-679471140

HSE continue to pay Nua Healthcare Institution a reported fee of €1000 per DAY to incarcerate Anthony. ( Nua and HSE refuse to disclose the exact figure, which I am informed could be a great deal more)

Anthony’s incarceration in a private residential institution, illustrates the
hypocrisy of HSE in Ireland, who publicly advocate “independent and community based living” for disabled people, when in fact they are colluding with Private institutions and handing over large sums of money from the public purse to institutionalise and segregate disabled people, from their local community.

This is about public institutions squandering public money to fund private greed at the expense of disabled people. This morally corrupt relationship has to be exposed and ended.

We need your continued support to purse this important campaign to free Anthony.

The HSE continue to threaten Court action against the family.

I will continue to work independently for Anthony, as his friend and advocate exposing the abuse of Anthony at Nua Institution and question the connivance of HSE to allow this abuse to continue.

I present The Health Service Executive, in Ireland, their team of solicitors, Nua Healthcare Institution, Redwood Extended Care Institution with an invitation, if they believe, I have made any inaccurate statement/s in relation to the abuse of Anthony Kletzander, whilst in NUA or Redwood, they have my contact details and they should take any legal proceedings against me they consider appropriate. I am willing to be subjected to questioning in the Irish Courts.

I also invite staff working past or present, in Nua Healthcare Institution and Redwood Extended Care Institution, to contact me, in confidence, to share any concerns they may have about institutional life of disabled people.

To all of those supporters of Anthony please distribute this information far and wide to your friends and networks concerned about such abuse.

I desperately need your contributions to pay for legal support, to stop the abuse of Anthony Kletzander. Every £1 will help. You can donate via this link https://fundrazr.com/campaigns/0tLga/tw/247RT2

In addition if you know of other example of abuse in residential care, let us find a way to expose it and stop it.

Thank you,
Joe Whittaker
[email protected]
Friend and Advocate with Anthony Kletzander.

 Posted by at 13:19
Jan 112015
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Although this case will take place in Scotland we believe that if won it would be carried over into legislation in other parts of the UK and is therefore vitally important so that the situation where people need care and support but are unable to pay for it can be ended once and for all. If you do live in any of the areas where volunteers are being sort please get in touch with us at [email protected] or driectly with Ian at [email protected]

 

Care charges and the legal case

Image
Scotland Against the Care Tax

8 Jan 2015 — Dear All

As you know, over 20 councils in Scotland discriminate against people under the age of 60 by allowing them to keep less money before charging them for social care. This can mean that young people are up to £50 a week worse off.

We believe that this is illegal and we have secured the help of one of Scotland’s top Human Rights lawyers, Tony Kelly to help take this forward. Tony will seek to prepare cases under the Equality Act 2010 for discrimination on the grounds of age.

With the help of one of Scotland’s foremost advocates, Niall McCluskey who is preparing a legal opinion, we should have a really strong case.

I am looking for some volunteers to come forward to be part of the first stage of a legal aid case to take on this challenge.

The volunteers need to be under 60/65 and pay care charges in one of the listed local authorities. They can be on Employment Support Allowance or have a restricted income in some other way up to a limit of £26,000 per year perhaps through a pension. Volunteers should have less than £13,000 in savings. Volunteers may be subject to some publicity but we would like to have at least half a dozen people so the demands on any one person should not be too onerous. Guardians can do this on behalf of the person they care for.

The local authorities we could pursue this in are below. Ideally we would like to group volunteers for the test case from 1 or 2 of these local authorities but will work with whoever comes forward.

Aberdeen City Angus Clackmannanshire East Ayrshire
East Lothian East Renfrewshire Falkirk Inverclyde
Midlothian Moray Renfrewshire Scottish Borders
Shetland Islands South Ayrshire South Lanarkshire Stirling
West Dunbartonshire Argyll & Bute Dumfries & Galloway

A legal case like this not only will bring justice to thousands of people who are illegally paying more than they have to but will help to undermine the whole system of care charging which relies on these illegal payments to justify itself and will force politicians to act or risk being seen to endorse illegal acts against disabled people.

Please get in touch with me directly to talk about volunteering or encouraging anyone you know to volunteer. Please forward this message on to others who might be able to help.

All the best
Ian
[email protected]

 Posted by at 15:09
Jan 032015
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Different forms of Government Propaganda began and ended the year. We saw delays, backlogs, more cuts, more campaigns and direct actions. We reproduce some of the DPAC actions, research and call outs from 2014. Highlights included the Westminster Abbey Occupation against the closure of ILF as part of the #saveilf campaign, lowlights included the court case that arrived at the decision that Penning had taken appropriate process into account by saying that ILF users could be entitled to less under local authorities. Chaos with the DWP, PIP, ESA was compounded by misinformation, dodgy stats , backlogs and increasing sanctions. The brilliant Hammersmith and Fulham Coalition against Cuts achieved the abolition of ‘care’ charges by their local authority-proving it can be done. Esther McVey was awarded Scrooge of the year. DPAC was threatened with legal action for our support of the Anthony Kletzander campaign -in response we increased the campaign, and the relationship in the propaganda against disabled people between the DWP and the Mail was finally exposed

News that the UNCRPD Committee had initiated its first ever inquiry into grave and systematic violations of the UN Convention against the UK identified how far our disability rights and independent living had been eroded by the Coalition-although the Mail didnt seem to like it much

Our constant court cases against the DWP continued, and we have more lined up for this year too- yes, we could be talking to you Motability!

We look forward to 2015 and a change in the regime that has seen the poor grow poorer, while the richest grew richer. A year in which we launch Who2vote4? and the DPAC revenge tour. We will continue to fight for #saveilf with an event on 6th Jan at the House of Commons and an online twitter event.

For an excellent review of the fight against cuts from 2010-2014 please download From Cuts to Resistance and if you want a count down to the election , then the DPAC downloadable calender can help

Here’s to a better year in 2015 with thanks to all our members and supporters. Keep up with news in 2015 by subscribing to posts through our website www.dpac.uk.net or follow us on twitter @Dis_ppl_protest

Some selected actions of DPAC in 2014

January saw the posting of a call for those who were waiting for PIP due to backlogs. This post has received over 40,000 views,shares and many comments. The situation has now been described as a backlog that , at the current rate , could take 42 years to clear. For those claiming ‘reforms’ are working have a look to see that they are not: https://dpac.uk.net/2014/01/have-you-waited-months-for-a-pip-assessment/ and let’s not forget the backlog in ESA either-in short complete chaos for disabled people.

In ‘Austerity Street: the real impacts’ we reproduced some of the stories we had received from those left without cash and homes via sanctions, delays and backlogs. This was in response to Love Production’s poverty porn , Benefits Street, part of the media’s continued demonization regime -the campaign incorporated a twitter fest against the format of biased programming. We supported our partners in Canada Sudbury Coalition Against Poverty (SCAP) and Ontario Coalition Aginst Poverty (OCAP). In an international campaign against increasing homelessness. Austerity is global. We supported Boycott workfare against CAPITA cashing in on poverty.

Through the excellent work of Nick Dilworth we exposed more BBC media double dealing and the fact that they weren’t publicizing the 88% success rates of those claiming ESA and asked ‘Are the DWP failing apart at every level? When a freedom of information response incorrectly claimed that PIP was subjected to sanctions. In another they claimed that the cap would be cut for those without children, both were incorrect. With Inclusion London we campaigned against the Care Act’s exclusion of ‘independent living’ and DPAC also  joined Hands off London Transport against ticket office closures, as well as regional Rail protests

February We joined  the many direct actions against the removal of legal aid. Raquel Rolnik ‘s report on the bedroom tax is published and recommends immediate suspension of the bedroom tax. The Government’s response is to accuse her of giving sacrifices to Marx and telling her to ‘sort out her own country’. We republish the excellent ‘Why the rise of UKIP is dangerous for disabled people’ and receive the usual abuse from Kippers proving the point. DPAC, Black Triangle and Wow publish a joint statement on Atos exit strategy , calling again for an end to the WCA. We expose how 9 out of 10 sanctions are dismissed when challenged

March More direct actions against proposed cuts in legal aid for judicial review.We publish ‘Punching Holes in Austerity’ an insightful analysis of DPAC and direct actions. DPAC supports #stopchanges2A2W against punitive changes in Access to Work. We publish an update on Anthony Kletzander and questions for HSE in Ireland with ENIL , a story of human rights abuse in Dublin, Ireland, a stand that we would later find invoked a threat of legal action against one of our co-founders.

DPAC joins protests against DWP and ATOS country wide. Protests that were reminiscent of the very first DPAC protests against Atos carried out by DPAC from 2011 onwards, culminating in the 2012 DPAC Atos games that saw Atos tarnished forever. DPAC leads direct actions and online protests against the despised disability Con-fident, leading to the highest number of tweets and retweets ever, exposing the scheme as no more than a Government gloss while they were cutting access to work and removing the means for disabled people to work. We produce a critical analysis of Pennings impact assessment regarding ILF. We reproduce the piece by John Pring asking ‘Where was your MP during the Wow Debate’

April The brilliant Ellen Clifford travels to Canada to embark on a successful speaking tour with raise the rates. We hold a well attended DPAC Grassroots Fightback conference. DPAC, Inclusion London, Equal Lives and the Greater Manchester Coalition of Disabled People promote the #saveilf postcard campaignTop Corrie stars support the postcard campaign to #saveilf.  DPAC supports Lifeworks and protests against cuts to mental health support. DPAC gives its response to Labour on reform of WCA

 May DPAC releases its research documents for download. DPAC and ILF users block the DWP in protest. We learn that disabled students allowances are now under threat of cuts. DPAC publishes a powerful piece by one of our readers that sums up many peoples’ feelings: ‘I’ll never forgive or forget what this Government has done to me and thousands of others‘. We pay homage to the strength of Quiet Riot, celebrate the #dpactour and the success of the Freedom Riders.

June The Independent Living Fund’s Birthday protest happens in June with lots of action outside the DWP. We see JSA benefit sanctions sky rocket under the coalition Government. More actions happen to fight the bedroom tax.

We publish a piece by Angela 28 on how ‘care’ support has been threatened and why that threatens independent living and rights– legal representation was found for many people, but we were aware that this was happening to many more people through emails to dpac mail. Unlike some organisations we attempt to challenge these instances and reject the rhetoric that there is more ‘choice and control’ for disabled people.

At the end of June DPAC with UKUNCUT, and Occupy carry out a daring occupation of Westminster Abbey , after months of planning to highlight the #saveilf campaign. There were 3 police to every protester , and while we had no support from the dear old church , messages of support and publicity poured in

 July We publish a joint statement in response to the Work and Pensions Committee on the WCA from DPAC, Black Triangle, the Mental Health Resistance Network, Pats petition, Wow and New Approach in which we again say the WCA should be scrapped.

An ILF user makes a plea to Disability Rights UK (DRUK) on ILF after he was denied the right to speak at their independent living conference. DRUK did not feel the need to offer any response.  In Disability Rights UK : independent Living or new visions in Neo-Liberalism we ask why the DRUK ‘independent living ‘ conference was sponsored by an organisation running institutions, segregated schooling and ‘hospitals for those with mental health issues. We also launched a highly successful twitter campaign asking the same questions, again DRUK did not feel they owed disabled people any response to this outrage.

DPAC highlights more chaos at the DWP on appeals and sanctions. John McDonnell launches an Early Day Motion to #saveilf. Positive updates and actions on the WCA court case regarding mental health claimants by the Mental Health Resistance Network. We ask that people write to IDS to raise issues happening regarding mental health.

August Rethink calls people with mental health issues a ‘disease burden’ Mental Health Resistance Network respond to the outrage. We call for a stop to discrimination for those transferring from DLA to PIP who do not get backdated paymentsDPAC continues to support anti-fracking protests with Reclaim the power.

We republish the excellent Nick Dilworth’s piece on how the media are ignoring what’s happening to disabled people https://dpac.uk.net/2014/08/a-national-scandal-4-million-people-face-chaos-in-this-country-and-are-ignored-by-the-media/

ILF user John Kelly speaks to BBC on the impacts of the potential loss of ILF. We ask what happens when ILF funds are not ring fenced to local authorities

September sees a national day of Protest against sanctions, bedroom tax and benefit caps.

The fantastic Brian Hilton produces a set of pics for party conference season on #saveilf. DPAC crash the Tory Party Conference via a successful tweet attack and in person. We do the same to Labour.

We publish The Great Farago: UKIP sleight of hand and receive more abuse from Kippers, Richard Howitt Labour MEP quotes the piece and receives even more abuse.

New short film launched with the Daily Mirror on ILF.

The first inkling that the DWP are wrongly asking those in the ESA support group to attend work focused interviews comes to our notice.

DPAC is threatened with legal action for supporting Anthony Kletzander and publicising the abuse of his human rights in Ireland, our response is to publish an interview with Anthony’s parents  on the injustice Anthony and his family have endured.

October We reblog the excellent Johnny Void piece on the boss of Maximus https://dpac.uk.net/2014/10/meet-richard-a-montoni-the-five-million-dollar-maximus-boss-here-to-fleece-the-uks-benefits-system/.

We publish an open letter to Freud who declared that disabled people can work for less than minimum wage. DPAC and Occupy pay another visit to the DWP Caxton House building for ‘Freud must go!’ protest

In Secrets and Lies :maximus the new leader of the inhumans we ask why Disability Rights UK have agreed to a) be part of the Maximus testing process on the WCA and b) why they’ve teamed up with Unum and other insurance companies to develop a TV program showing how much better off disabled people will be if they take out private insurance- with user-led disability organisations like these we dont need enemies.

ILF users return to court to challenge the DWP on ILF. A successful #saveilf vigil happens with road blocks, many messages of support and some great pics.

Welfare assistance fund is next under threat of closure. Campaign to save it is launched.

November The Final Litchfield Review shows that the WCA should be scrapped.

One of our favourite reports of the year : IDS is chased around a building to drown out shouts of murderer at Ipswich- congratulations to the local dpac group for that one!

We ask people to come forward to launch a legal challenge on cuts to the disabled student allowance

£86 million goes missing from Pudsley’s children in need account BBC to blame for mislaying -complainants are actually advised to write to Pudsley via his BBC email

DWP increase attacks on disabled benefit recipients with claims they can harress them off benefits. We put out an urgent call-out https://dpac.uk.net/2014/11/urgent-people-awaiting-wca-assessments-particularly-in-birmingham-please-read/

Work Providers A4E are exposed again in relation to ESA and workfare. The Rev Paul Nicolson wins in court against council tax. Class War’s continuing protests against ‘poor doors’ get to the authorities who make arrests- and Boris is burnt. Meanwhile DPAC discovers Motability’s sneaky backdoor changes to individuals needing to be in work to qualify for support https://dpac.uk.net/2014/11/motability-and-the-deserving-and-undeserving-charity-not-rights/

December ILF users lose court case on ILF but its not over.

DPAC launches an Open letter to Ed, Kate and Rachel on ILF– we’re still waiting for a response

Hammersmith and Fulham abolish home ‘care’ charges, showing it can be done. Congratulations for a great campaign to the excellent Kevin Caulfield and Debbie Domb and all at Hammersmith and Fulham Coalition against Cuts

Esther McVey is named scrooge of the year, which we though was a little too kind to the creature

Unsurprisingly the Work and Pensions report slammed the Government ‘mismanagament of Access to Work – the stop the changes to Access to Work campaign continues.

Questions are asked on the Government costs in fighting against disabled peoples’equality

The link between the DWP and the Mail propaganda is finally nailed and exposed as the DWP is caught out https://dpac.uk.net/2014/12/dwp-caught-giving-disability-propaganda-to-daily-mail/

Dec 102014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Please Help Us. Save Our Independent Living Fund

We, disabled people, family, friends, supporters and allies, are asking for your help. We are asking you to pledge to keep the Independent Living Fund open to existing applicants, pending a review of Independent Living for all disabled people.

As you may know, on the 8th of December at the High Court, a ruling was given against our challenge to the closure of the ILF [1], and we were not given leave to appeal.

The closure of the ILF effectively signals the end of the right to independent living for disabled people in the UK. Whilst never perfect the ILF represents a model of support that has enabled thousands of disabled people to enjoy meaningfully lives and to contribute to society as equal citizens. 

Since the closure of the Fund to new applicants in December 2010 we have seen disabled people left with their most basic needs unmet and unable to seek employment, to volunteer or go into education or simply even to leave the house.

But we have vowed to fight on against the ILF closure,  disabled people will not be pushed back into the margins of society, we will not go back into the institutions, our place is in the community alongside our family and friends and neighbours and we are fighting to stay.

We ask you to imagine what it will be like, for people who have been enabled  to live a full life, be with friends and family, go out, work, study and enjoy recreation, to have all that taken away, and find themselves trapped inside, all day, every day, with choices over what they do, when and how, removed.

To severely disabled people the Independent Living Fund represents the difference between having an existence, and having a life.

Please Ed, keep our Independent Living Fund open. Keep Our Lives Open. It means the world to us.

References

[1] https://dpac.uk.net/2014/12/disabled-people-vow-to-continue-the-fight-to-save-

to sign as an organisation or individual please go to 

https://docs.google.com/document/d/11ZpbvcgSdYeOciEj9NZtnHFaI-3gGzMvRKLX4RblGTs/edit

or email: [email protected]

deadline for all signatures is 12pm Tues 16th Jan

Background: The Government won a case in the Royal Courts of Justice on Monday 8th December, which made their decision to close the ILF – Independent Living Fund – lawful; and this closure will now go ahead on 30th June next year.
Unless, of course the families, friends, supporters and others stand in solidarity with ILF Users campaign to Save the ILF, and together apply the sort of political power which changes minds and policy. You can do that today by signing the Open Letter to Ed Miliband (full text below), asking him, that should he become Prime Minister in May’s General Election, to keep the Fund open while ordering an independent review into the benefits of a model such as the ILF.
We know that many disabled people will lose some or all of their support, isolating people in their homes – at best. For many more, being institutionalised in residential homes is once again a grim reality. To save on average just over £300 per person. Don’t let this happen. Stand in support with ILF Users in this action, and the many more on-going & to come

Dec 092014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

John Healey (Wentworth and Dearne) (Lab): What legal costs his Department has incurred in legal proceedings involving disabled people relating to the under-occupancy penalty and the closure of the independent living fund. [906481]

The Minister for Disabled People (Mr Mark Harper): The Government have robustly defended their policies in relation to the closure of the independent living fund and the removal of the spare room subsidy. The total known legal costs to date, in respect of both policies where disability formed part of the grounds of the claim, are £415,000: £236,000 for the ILF and £178,000 for the removal of the spare room subsidy.

John Healey: That is a part answer to a very direct question about the cost to the taxpayers of Government lawyers defending the indefensible—axing the ILF and introducing the hated bedroom tax. Will the Minister not recognise that many severely disabled people flourish with the fund but are now frightened of losing their independence when he shuts it down next year? He might have won the legal case this year, but he has lost the moral and policy arguments, so even at this 11th hour will he rethink the protection available to ILF users?

Mr Harper: No, I will not. I have talked to disability organisations about this matter, and they agree with the Government. More than 1 million people get social care through the mainstream social care system. The Government are not making any savings by moving the ILF to local authorities and devolved Administrations, and we are working closely with each local authority to ensure that the amount of money being transferred at the point of closure next year will be exactly what is needed and what is being spent by the ILF, meaning that disabled people will be protected.

Barbara Keeley (Worsley and Eccles South) (Lab): Some £4.3 billion has been taken out of adult social care budgets over the past four years because of the Government’s cuts. If that funding transfers across, as is planned, it will plug only a very small part of the gap. If they will not rethink this policy, as my right hon. Friend the Member for Wentworth and Dearne (John Healey) just suggested, will Ministers require that the funding be ring-fenced to ensure that 70 people in Salford and 18,000 people across the country with disabilities can look forward to keeping their independence and to this continuing support?

Mr Harper: Of course local government has had to play its part in the savings, but local authorities can make choices. My local authority in Gloucestershire has protected the value of social care because it thinks that protecting older people—[Interruption.] No, my local authority has faced cuts, like all local authorities, but it has chosen to—[Interruption.] If Opposition Members want me to answer their hon. Friend’s question, they should stop yelling. My local authority has prioritised funding for older people and people of working age. Clearly, the hon. Lady’s local authority has made different decisions. If those on her local authority want to ring-fence the money transferred from the ILF, they are absolutely free to do so, so I suggest she take that up with them.


8 Dec 2014 : Column 632

We want to thank John Healey MP for raising these questions

But other questions arise: which disability organisations did Harper speak to and why did they agree with the Government that closing ILF was a good thing for disabled people with high support needs and their employees? Did Harper speak to ILF users?

Watch this space……

Dec 082014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Press release from Solicitors involved

Two severely disabled men who use the Independent Living Fund (ILF) today lost their bid to overturn the Government’s decision to close the ILF in June 2015, as the High Court ruled that former Minister for Disabled People Mike Penning had not breached equality laws in making the closure decision earlier this year. The two men had been granted permission for a judicial review of the process leading to Penning’s closure decision, taken just weeks after the Court of Appeal quashed a previous, almost identical decision as being unlawful.

ILF provides vital support and funding to some 17,000 disabled people in the UK to enable them to live independent and fulfilling lives. To be eligible people must already receive a substantial care package from local authority social services, but ILF funding provides a top-up for those with the highest support needs. The ILF system was set up in 1988 to tackle the barriers to independent living and working faced by the most severely disabled people, which were not adequately addressed by council provision with its focus on meeting basic needs. The claimants, represented by Scott-Moncrieff & Associates and Deighton Pierce Glynn, believe that these problems with council provision remain and are getting worse under Government cuts. They fear that loss of ILF support will threaten their right to live with dignity, and they may be forced into residential care or lose their ability to participate in work and everyday activities on an equal footing with other people.

As in the earlier, successful challenge, the claimants argued that the Minister had not been given adequate information to be able to properly assess the practical effect of closure on the particular needs of ILF users and their ability to live independently, or to consider alternatives. The Court of Appeal ruled that this information about impact was essential for the Minister to comply with the Equality Act, which requires the Government to act to positively advance equality of opportunity for disabled people, including meeting needs, removing disadvantages and increasing their participation in public life.

However, handing down judgment today Mrs Justice Andrews ruled that a crucial difference between the two decision-making processes was that in the first, the Minister (then Esther McVey) was given an over-optimistic ‘Panglossian’ summary of information about how ILF users would be likely to be affected, whereas in the second the Minister was made fully aware of ‘the inevitable and considerable adverse effect’ that closure would have on disabled people. She concluded that the assumption on which Mr Penning based his decision was that ‘independent living might well be put seriously in peril for … most (or a substantial number of) ILF users’. In the judge’s view that meant that the Minister had clear, unambiguous information on which to weigh up the implications for disability equality, regardless of the exact number of people who would be likely to have to go into residential care or lose their ability to work or study.

The judge emphasised that her decision was not about the rights or wrongs of closure, just whether the Minister knew enough about the likely impact to meet the requirements of a lawful decision-making process. The decision itself was up to him. The judge also declined to rule on whether the closure decision may put the UK in breach of its international legal obligations to advance disabled people’s rights to independent living and equality of opportunity under the United Nations Convention on the Rights of Persons with Disabilities.

However there is a really significant point arising out of the decision. Essentially the legal challenge was to the process of decision-making and specifically the question of what information the Minister had available to him about the likely impact on disabled people so as to be able to properly exercise the public sector equality duty.  What the judgment highlights is that, in the judge’s view, the Minister clearly believed that the impact of closure on disabled people and their ability to live independently will be really severe, and many or most ILF users will be at risk of losing their ability to work, study or live independently in the community as a result

 

For the purpose of the legal challenge, that meant that (in the judge’s view) the Minister had sufficient information to make a lawful decision – and that was end of story as far as the court’s role went.  But in wider terms it really begs the question of why, in that case, the Minister decided what he did:

 

          How can it have been justified if he thought the impact would be so severe?

          What is the benefit of getting rid of this tried and tested system of protection for those people who are most at risk of losing their independence? There has never been any suggestion that it will save money overall – indeed there is evidence that it may cost far more than it saves because of (a) the false economies of people losing good support then getting into crisis and being institutionalised, (b) the ILF system being such good value for money (extremely low running costs as it uses trustees) and (c) the double benefit of the ILF system which not only provides a funding top-up but (crucially) puts leverage on local authorities to put their contribution towards proper independent support packages instead of institutional care.

          How can  this decision to cause such a negative impact on such a large number of the most severely disabled people in the country be squared with the need for the Government to actively advance equality of opportunity for disabled people, including meeting needs better and increasing participation in public life rather than the other way round?

          Similarly how can it be squared with international obligations the UK has signed up to such as the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which stipulates that contracting states must move forwards not back in realising rights such as that under Article 19 – the right to live independently in the community with choices equal to others.

Contact: Solicitors representing the Claimants:

Deighton Pierce Glynn (Louise Whitfield)

Scott-Moncrieff & Associates (Kate Whittaker)

8 Union Street, London SE1 1SZ

Tel: 020 7407 0007

Office 7, 19 Greenwood Place, London NW5 1LB

Tel: 020 7485 5588/ 07954 289595

Notes

  1. The ILF is a body of the Department of Work and Pensions but under the management of independent trustees. Since it was created in 1988 it has helped many thousands of disabled people to live independent lives and be included in the community as full citizens. It has targeted support at the most severely disabled people in the UK who face the greatest barriers to independent living, and has also played a key role in overseeing social services provision from local authorities for this group of people, to ensure that the combined ILF/local authority support packages meet criteria of promoting independence and inclusion and avoid unnecessary escalation of costs through people being institutionalised and cut off from their communities. In 2010 the Fund was closed to new applicants because the Government had reduced the amount of money it gave to the Fund. It is now proposing that the Fund close completely on 30 June 2015, leaving users to rely solely on local authority adult care services.
  1. This is at a time when the funding for local authorities is being dramatically reduced and many authorities are cutting services for disabled people. The Health and Social Care Information Centre states that the total number of people receiving social care services in 2012-13 was 1.3m, down 9% from 2011-12 and down 25% from 2007-08 (HSCIC, Community Care Statistics, Social Services Activity: England 2012-13, Provisional Release, 2013). This is the expected result of the targeting of cuts at local authority funding which will continue until at least 2015-16, suggesting a real-terms cut of nearly 50% in social care provision by that stage.
  1. Following consultation the Scottish government has announced that from 1 July 2015 it will establish a Scottish Independent Living Fund to protect the funding of the 3000+ existing ILF users in Scotland, and will build on the existing system through a £5.5 million investment which will re-open it to new users, ensuring its long-term future: https://www.gov.uk/government/news/scottish-governments-decision-on-a-scottish-independent-living-fund. The Welsh government is currently consulting on options for the future support of ILF users, including setting up a successor body as in Scotland; the consultation is open until 23 December 2014: https://wales.gov.uk/consultations/healthsocialcare/fund/?lang=en.
  1. Further information, including briefing (June 2014) and individuals’ stories, on the campaign against the closure of ILF is available at the Inclusion London website: https://www.inclusionlondon.co.uk/
Dec 082014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

This morning after weeks of anxious waiting, disabled people and our supporters learned that the high court has found against the latest legal challenge against the government’s decision to close the Independent Living Fund (1). Disabled campaigners vow to continue the fight in every way that we can.

 

The campaign to save the Independent Living Fund has been one of the most high profile among the many battles disabled people are currently fighting against current government policy that is detrimentally impacting on disabled people, with disabled activists occupying Westminster Abbey gardens over the summer (2).

 

In November last year the Court of Appeal quashed the government’s decision to close the ILF with the Court of Appeal judges unanimous in their view that the closure of the fund would have an ‘inevitable and considerable adverse effect which the closure of the fund will have, particularly on those who will as a consequence lose the ability to live independently” (3).

 

On 6th March this year the then Minister for Disabled People Mike Penning retook the decision and announced a new date of June 2015 for permanent closure of the Fund that provides essential support enabling disabled people with the highest support needs to live in the community when the alternative would be residential care (4).

 

In October a second legal challenge was heard in the high court brought by disabled claimants claiming that the Minister had not considered any new information to properly assess the practical effect of closure on the particular needs of ILF users (5). The Department for Work and Pensions mounted a defence based on their assertion that the Minister had adequate information to realise that the independent living of the majority of ILF users will be significantly impacted by the closure of the fund.

 

Tracey Lazard, CEO of Inclusion London said: “The closure of the ILF effectively signals the end of the right to independent living for disabled people in the UK. Whilst never perfect the ILF represents a model of support that has enabled thousands of disabled people to enjoy meaningfully lives and to contribute to society as equal citizens. Since the closure of the Fund to new applicants in December 2010 we have seen disabled people left with their most basic needs unmet and unable to seek employment, to volunteer or go into education or simply even to leave the house.”

Linda Burnip, co-founder of the campaign Disabled people Against Cuts, said: “Regardless of this ruling, disabled people will not be pushed back into the margins of society, we will not go back into the institutions, our place is in the community alongside our family and friends and neighbours and we are fighting to stay”.

 

For more information or to speak to disabled people directly affected by the Independent Living Fund please contact Ellen on 07505144371 or email [email protected].

 

Notes for editors

1)      For full judgement and press release from solicitors working on the case see: https://www.deightonpierceglynn.co.uk/https://www.scomo.com/

2)      https://www.theguardian.com/society/2014/jun/28/occupy-westminster-disabled-people-against-cuts

3)      https://dpac.uk.net/wp-content/uploads/2013/11/522372-ILF-Briefing-Note-06-11-2013.pdf?bb10e9

4)      https://www.gov.uk/government/news/future-of-the-independent-living-fund

5)      https://dpac.uk.net/2014/06/breaking-news-2nd-court-case-to-challenge-ilf-closure-launched/

 

Dec 032014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Motability have introduced changes to their grant making conditions discriminate against disabled people with the highest support needs who are unable to work for a minimum of 12hours a week, carry out at least 12 hours voluntary work (which apparently can’t be internet based but has to be outside the home and doesn’t include travelling time), are not in education for at least 12 hours a week and who need specialised adaptations to transfer to drive or drive-from-wheelchair vehicles.

These changes have not been made publicly known or advertised to current customers in any way about who is eligible for a grant and the changes were made without any consultation.

We understand these changes were made from June 1st this year but customers are only being told about them when they enquire about a grant for a replacement vehicle.

The impact of these changes which affects those with the highest and most costly needs are potentially life-changing. It could well prevent people having contact with family (let alone friends) if they live in a rural area with little or no transport, it means anyone who can only travel with equipment like hoists. Oxygen cylinders and other bulky items won’t be able to go anywhere. It also ignores the fact that with other cuts to services people will not be able to ensure they have the physical support from someone else to drive them.

We have sought legal advice to see whether these changes can be challenged as discriminatory and now need to hear from anyone who is or would be affected by these changes in the near future and who would qualify for legal aid.

If you think you might be affected by these changes and are willing to consider taking legal action then please contact us at [email protected]

 

https://linkis.com/disabilitynewsservice.com/fZhn2

 

https://dpac.uk.net/2014/11/motability-and-the-deserving-and-undeserving-charity-not-rights/

 

 

 Posted by at 18:27
Oct 222014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Today was the first day of two days of a second court case against the DWP against the closure of the Independent Living Fund. Messages of support poured in. Many people turned out to support the vigil. The Strand was later blocked , as Kate Belgrave said : blocking roads is not extreme, cutting care is. There was wide support from Inclusion London, Norfolk and Suffolk DPAC local DPACs, the Greater Manchester Coalition of Disabled People, Transport for All, Winvisable, PCS Union, the TUC, Ros Wyne Jones Real Lives at the Daily Mirror, OCAP  and from as far as Toronto Canada where a simultaneous vigil was held. John McDonnell MP a great supporter of DPAC also came to speak.

Many messages of support came through some of which are below.

“@Dis_PPL_Protest good luck today! Amazing work being done in the face of such powerful opposition :)”
“Let’s hope justice prevails to counter rabidly cruel government”
“Best of luck and so many thanks to all at #ILF court case”
“many thanks for time and effort to all involved”
“Sending support from Toronto to London today. Disabled lives are worth it. #SaveILF @Dis_PPL_Protest pic.twitter.com/90YJEt7bL4”
“vigil at the RCJ supporting the campaign to #SaveILF”
“Good luck. You are courageous. The world is watching”.
“Good to see the likes of @Dis_PPL_Protest taking up the incentive to challenge the Govt on the ILF, much needed support lacking from orgs.”
.”@johnmcdonnellMP speaking in solidarity at #saveilf vigil today at Royal Courts of Justice”
“Shoutout to the awesome campaigners the #saveilf campaign, outside the Royal Courts of Justice today”
“Grateful thanks to @Dis_PPL_Protest & all who are fighting so hard to #SaveILF, ILF support for the disabled means having a life to LIVE”
“The TUC general council sends its solidarity and support for the Group fighting against the closure of the ILF in the High Court. Sean”
“All best wishes from WinVisible for ILF case – sorry we can’t make it but thinking of you all there. Claire”

Also check out some great media pieces
https://www.theguardian.com/commentisfree/2014/oct/20/disabled-lord-freud-austerity
https://www.mirror.co.uk/news/uk-news/tory-bid-cut-lifeline-profoundly-4477839

Thanks to everyone for making this such a success on the streets and on social media! We’re back at court tomorrow -maybe we’ll see Freud joining us too

(left to right) - Mark from PCS Union who is equalities officer London. John McDonnell MP Andrew Lee, People First.

(left to right) – Mark from PCS Union who is equalities officer, London.
John McDonnell MP
Andrew Lee, People First.

Andrew Lee, People first.

Andrew Lee, People first.

John McDonnell MP Linda Burnip, co founder of DPAC

John McDonnell MP
Linda Burnip, co founder of DPAC

(left to right) - Linda Jack liberal left, Liberial Democrats.  John McDonnell MP Andrew Lee, People First.

(left to right) –
Linda Jack liberal left, Liberial Democrats.
John McDonnell MP
Andrew Lee, People First.

Natasha  Burgess, Campaign and policy officer PCS Union, London.  John McDonnell MP Linda Burnip, DPAC Mark, eqaulities rep PCS London.

Natasha Burgess, Campaign and policy officer PCS Union, London.
John McDonnell MP
Linda Burnip, DPAC
Mark, eqaulities rep PCS London.


DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

DPAC protestors showing solidarity and support with ILF activists with Linda Jack and John McDonnell MP

John Kelly outside royal courts of justice London.

John Kelly outside royal courts of justice London.

(Left to Right) Jenny Hurst.  Paula Peters DPAC

(Left to Right)
Jenny Hurst.
Paula Peters DPAC

Jenny Hurst with save ILF campaign postcard

Jenny Hurst with save ILF campaign postcard

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Oct 022014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net
Image
Tuesday 7 October
Support Rev Paul Nicolson at the High Court
Legal challenge vs extortionate court costs added to Council Tax bills
——————————————————
9.30am Vigil outside
10.30am – one-hour court hearing
The more of us the judges see in the public gallery, the better!
Royal Courts of Justice, Strand (off Kingsway)
London WC2A 2LL
Rev Paul Nicolson of Taxpayers Against Poverty is valiantly refusing to pay his Council Tax to Haringey, and is ready to go to jail because he objects to the poorest people being unfairly targeted.  He always defends the right to a decent income for all, including single mothers and children, and for pregnant women to afford a nutritious diet. This hearing seeks a judicial review of the Tottenham magistrates who repeatedly refused to tell him at his council tax hearing in August 2013, how they arrived at £125 costs for a summons to late and non-payers of council tax.
**Contact Rev Nicolson TAP 07961 177889  **SMSD / WinVisible 020 7482 2496
·         Haringey has decided to “ensure that maximum possible is charged for court costs” to “act as a deterrent to late and non payers”. However, costs imposed by magistrates should be “reasonably incurred”.
·         Low-income people are bullied into paying Council Tax we can’t afford from our disability benefits and low wages. Summonsed to court for tiny arrears (such as £2.59), we then have punishing court costs added to our bills.
·         The DWP deducts Council Tax from poverty-line benefits – starving us into relying on foodbanks!
·         Council Tax has become the number one debt problem which people seek help with, since the abolition of Council Tax Benefit last year.
 Posted by at 21:33
Aug 192014
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

 

A second court case against the DWP on the closure of the Independent Living Fund (ILF) will take place at the Royal Courts of Justice on the 22nd and 23rd of October. It is expected to last one and half days.

There will be a vigil outside the courts from 12.30 on the 22nd to support the ILF users taking the case and to support our right to independent living as enshrined in the UN Convention on the Rights of Persons with Disabilities- article 19

Article 19: “Living independently and being included in the community”, states that “disabled people have a right to live in the community; with the support they need and can make choices like other people do”.

Please join with us to show your support!

The closure of the ILF  has obvious implications for the UK’s chances of meeting such obligations. Most importantly for those disabled people who will lose this financial support they will lose any independence and choice in their lives. You can listen to how this vicious attack will affect disabled people at these links.

https://www.dpac.uk.net/2013/02/a-nasty-cut-people-affected-by-the-closure-of-the-independent-l5142/

 

https://www.youtube.com/watch?v=OMElPk0pq6I

 

We will be posting further updates