From London Disabled People’s Advisory committee

The Supreme Court has ruled in support of Kensington and Chelsea council’s withdrawal of overnight care to Elaine McDonald to save money. This will mean she will have no choice but to wear pads, although this is undignified and against her express wishes. Male judges are undermining a woman’s right to choose how she is helped with personal care.

The ruling has accepted that reviewing care plans can be treated as a reassessment of need. Therefore any contact with social services, even a phone call, could lead to detrimental changes to a disabled person’s care package.

The idea that privacy and independence can best be facilitated by dispensing with personal assistants or care workers at night was also supported by the Supreme Court. This is contrary to the government’s Independent Living Strategy, and undermines everything we have fought for as a disabled people’s movement for the last forty years. Personal assistance is vital to many disabled people’s independence and safety. Disabled people with complex health and social care needs who cannot move unaided should never be left alone at night in case of a fire or a sudden deterioration in their condition.

Disabled people, family carers, personal assistants, women, pensioners, community activists and trade unionists should come to the lobby to support Elaine and oppose this disgraceful ruling. Elaine’s overnight care should be restored immediately. A defeat for Elaine is a defeat for us all.

Contact ADKC on 0208 960 8888 or at pbsupport@adkc.org.uk

Contact HAFCAC on 07899 752 877 or at hafcac@hotmail.co.uk

Contact DPAC at mail@dpac.uk.net or visit our web site at www.dpac.uk.net

Contact WinVisible on 0207 482 2496 (voice & minicom) or at win@winvisible.org

Its not too late to have your say on the Government’s plans to refor Disability Living Allowance (DLA).
The Government plans to get rid of DLA and replace it with something called Personal Independence Payment or PIP.
Under the PIP everyone will have a medical – if it is a medical based on the work capability assessment (ESA) it may cost a lot more than it saves, as many people successfully appeal the refusal of benefits.
The move away from mobility and towards “getting around” is likely to mean many wheelchair and scooter users will no longer get mobility help, which may have a huge impact on their ability to get an adapted car.
There are big changes, so have your say!

You can comment using an online form, or download a document from the Government website here>>
The website also has information in Easy read and BSL video.
Your comments must be recieved by 14th february.
If you want to add your voice to our response to the proposals, contact one voice with your comments by 10th February

This month, as part of the Government cuts package, the rate of mortgage interest support is reduced from 6.08% to Bank of England average, currently 3.67%. This will affect many people on income support, jobseekers allowance, ESA and pension credit who will now have to find the extra money from their benefits to make up the monthly amount required by the bank.

Gordon Brown wanted to be “fair” about benefits, but he brought in Employment Support Allowance – the main purpose was to get disabled people off expensive incapacity benefit and into cheap unemployment.
But that isn’t enough un-fairness for the Conservative led coalition government: their new definition of fair seems to be to introduce medical assessments for DLA by doctors who work for the Benefits system – we already have that – benefits doctors go out and visit disabled people and decide they shouldn’t get the benefits. Continue Reading

The head of the Crown Prosecution Service (CPS) Equality and Diversity Unit says the CPS needs to raise it’s game on disability hate crime.

This follows numerous reports on this site and eleshwhere of examples of the CPS failing to prosecute cases where disabled people have been bullied.

With a new spotlight on disability hate crime because of the recent widely-reported deaths of disabled hate crime victims, the police CPS and other agencies realise it’s time to do better for our disabled citizens.

Here in wolverhampton disabled people have had a patchy response when reporting hate crime and bullying to the authorities, ranging from people getting the support they need, to no response whatsoever, to being told to stay indoors to avoid bullying.

If you are a disabled Wolverhampton citizen who is being bullied or may be a victim of hate crime, contact One Voice for advocate support to help you to get a satisfactory solution>>

Fit notes are brought in by the Government in April.

The fit note means that when you go to the doctor, instead of having a sick note signing you off work, the GP will now decide whether you are fit for work with some support, and what employers can do to help them return to work, includeing things like changed hours, a phased return, fewer dudies or workplace adaptations.

The aim is to decrease the number of people on sickness and employment support benefits.

The Government has some draft regulations out to consultation.
these regulations will decide when people will be moved from Incapacity Benefit to Employment Support Allowance.

These regulations allow for the transition to begin in October 2010. It will start with a small test to make sure it works administratively, as the plans mean that in full swing up to 10,000 people per week will be transferred.
Most people will be transferred from February 2011 and all people who were on Incapacity Benefit will be on Employment Support Allowance, or off benefits and in work by the end of March 2014 according to the Governemtn plans.

you cannot appeal your transfer.

You can have a say about the transfer rules in the Government’s consultation, up to February 8th.
You can get the consultation papers and have a say by visiting the social security website>>>