Law & Benefit Review

Now that our website as been on-line now for a year, it has been decided to refresh our heading and layout which we hope meets with your approval. At any time, new readers may view former issues of the Law and Benefit Review and regulars may also look back on previous issues to refresh their minds on favourite matters. Our office will continue to keep copy’s of the Law and Benefit Review so that readers may request them at any time. Email us at disability.matters@yahoo.co.uk for copies. Please remember to also log onto the ‘beehive’ website shown above to enjoy the rest of the June 2007 edition of the LBR.

We appear to be going from strength to strength, last month we appeared on the Goggle search engine in the number five position. Now this month, THE LAW AND BENEFIT REVIEW HELD THE TOP FIVE PLACES ON THE YAHOO WEBSITE search.yahoo.com ON MAY 10 2007.

[1] MRSA AND CLOSTRIDIUM DIFFICILE: Despite the rhetoric of the Government concerning the attempted control of MRSA and C/difficile in UK hospitals, the truth is that infection control is failing miserable and driving patients abroad for treatment in clean virus/infection free hospitals. Despite the billions of pounds being poured into the National Health Service, infection in UK hospitals is rife with hospitals turning away visitors and closing wards from one end of the country to the other. Thousands of people are dying from either MRSA or C/difficile infection. In 2004, 2,247 deaths occurred from C/difficile, this number increased to 3,807 in 2005 with MRSA deaths being increased from 1,168 to 1,629 in the same period although this figure could be a lot higher as for some reason or other, MRSA is not shown as the cause of death on a death certificate when in fact it was the primary cause of death specialists are saying.

Hospitals in Holland, Sweden and Norway have zero MRSA rates as indeed some private hospitals in the United Kingdom do which cannot be said for NHS hospitals. One has only got to look at www.nhs.gov.uk website to see the appalling figures of hospital infection in NHS Trust hospitals. [Type in either the word ‘MRSA; or Clostridium difficile into the search space for information.] There are few hospitals in the European Union that are free of infection - in fact if any - so if you decide to travel abroad for dentistry, hip operations and other surgery contact ‘Treatment Abroad’ at http://www.treatmentabroad.net/ or the Patients Association at http://www.patients-association.org.uk/ for help and advice and always check that the hospital or clinic and the surgeons you have chosen have the appropriate credentials to carry out the operation you are undertaking. UK patients are even travelling as far as India, Turkey and Hungary for operations and the so-called ‘’medical tourism’ is a growing market and prices abroad are far less that private surgery in the UK.

The writer is one who has suffered personally from C/difficile for four months, having caught the infection in a Gloucestershire NHS hospital Trust in Cheltenham and survived, the writer found that condition on the ward was both appalling and disgusting. The gentlemen's toilet on one occasion was not cleaned for four days. No toilet paper on more than one occasion, paper hand towels being used by patients as loo paper and placed in the waste paper basket and left, blood traces around a sink, a used razor left on a window sill, dried excreta on the toilet seat and bowl.

The only shower cubical was so dirty and un-hygienic that it could not be used without first being cleaned. The ward floors received a curt wipe over once a day with a disgusting looking mop and my bed, bed side cabinet, window ledge and bed frame was never touched for cleaning in ten days apart from a curtsy wipe of the bed side top. I admit openly that I am scared stiff and frightened to ever step foot into a UK NHS hospital again. According to the Patients Association, the number one concern of all callers is hospital infection. Many patients are entering hospital for simple operations and are either catching one of the two infections which far exceed the suffering of the operation and are either surviving or dying within days of the ‘simple’ operation. I suffered from chronic diarrhoea for almost three months 24/7 after contracting C/difficile.

According to MRSA WATCH,a charity, ONE in TWELVE people catch MRSA and it kills FIVE times more people than AIDS.

UK hospitals do not practise what is known as the ‘European mode’ of isolating patients and decontaminating whole areas to control any possible infection. Complete bed frames are cleaned and sterilised along with lockers and other room equipment also sterilised. Bedding is sterilised and hygienically cleaned or destroyed. UK hospitals are so busy that they cannot adopt this option - hence the problems. Isolation rooms are few and far between and patients suffering from MRSA/Cdifficile are left on open wards - as I was - to infect other patients. Even when I was placed in a so-called ‘isolation ward’ it had not toilet. I will not attempt to describe the state of the room.

A recent newspaper report revealed that at least one hospital was not washing bed sheets but simply turning them over. This is nothing short of negligence. The hospital trust concerned has resorted to these actions apparently due to the lack of funding.

Both elderly, disabled and weak people are at their most vulnerable to infection when anti-bionics have played a largepart in lowering the bodies immune system so if there are any virus’s or infection about, such people will be more liable to catching the infection. If you have had a anti-bionic injection for what ever reason please ensure that your GP, consultant, surgeon, ambulance crews, ward staff, in fact every body is aware of this. You are extremely vulnerable to any infection after such treatment.

The effect of anti-bionics lasts for at least seven/fourteen days so would it not be advisable to stay out of hospital unless it is life threatening for as long as possible after the anti-biotic treatment?

We all carry some strains of MRSA in our noses, this is natural state of affairs. More and more hospitals are testing all patients prior to entering the hospital or clinic for MRSA and C/difficile infection but many are not. Hand washes are being carried by some doctors and nurses for use between patients. Hand washes are being placed at the ends of beds and at ward entrances but as a recent TV program showed, many doctors, consultants, nurses, cleaners, etc. are failing to use them despite large notices asked them to use the hand wash. Asking them? they should be told to use them or face discipline procedures or don’t they really care? If you are unfortunate to be a patient in hospital, insist that before anybody examines or touches you, takes your temperature, changes a dressing, takes blood for analysis, changes your bedding, washes you, etc. ask them to use the hand wash in your presence. Staff serving meals and serving drinks should at the very least be wearing disposal gloves after washing their hands with an approved hand-wash but how will you know? DON’T TAKE NO FOR ANSWER. Complain to whoever is in charge of the ward, the Ward Sister or Staff Nurse or your own nurse and if they do nothing demand to see the Infection Control Officer. At night, ask to see the Senior Nursing Sister who is in charge of the whole hospital. Hospitals need to get the message. ITS YOUR LIFE AT POSSIBLE RISK HERE.

The latest fight against MRSA could be maggots from the green- bottle fly larvae. Although repulsive at first examination, since the Napoleonic wars and the American Civil War, surgeons have used these creatures to curer infection. This treatment is yet to be approved by the NHS so time will tell.

[2] DISABILITY VOICES : WE, ARE INDIVIDUALLY, ONE OF 50 MILLIONS DISABLED CITIZENS IN THE EUROPEAN UNION
We must mobilize to strengthen non-discrimination legislative measures until the full integration of disabled persons in society will become a reality. We must do so simply because disability is a human rights issue, simply because disability is an issue that concerns us all.

The European Union has the responsibility to work for and protect the rights of all its citizens, with no distinction:

[3] BANKING AT THE POST OFFICE: Rural Post Offices have the facilities to transfer weekly pensions direct to bank accounts, saving account holders journeys to the local towns. To find out more about this service speak to your local post master. NOTE: On May 17 it was confirmed by the Government that 2500 post offices are to be closed. The location of the offices are yet to be disclosed.

[4] POST OFFICE CONSULTATION: The UK Government have finally set out their proposals for the Post Office network. The Trade and Secretary Minister has set up a package of measures to sustain the UK nations post office service.

[a] the investment of £1.7 billion. [b] replacing the Post Office Card Account with a post office by 2010. [c] providing more free ATM cash machines. [d] setting up 500 innovative outlets for small and remote locations which will include mobile post offices and services supported and hosted by village halls. [e] setting up new services and new accessibility criteria to ensure that vulnerable customers will continue to have reasonable access to post office [we want full access not just reasonable?

Certain conditions have been applied to the above such as: [1] 99% of the population must reside within 3 miles and 90% within 1 mile of the P O location. [2] 99% of the population must live within 1 mile of the P O in deprived areas. [3] 95% of the population must live within in 1 mile of the P O. [4] 95% of urban populations must live with 1 mile of P O. [5] 95% of people must live within 3 miles of the P O in rural areas. [6] 95% of the population must live within 6 miles in remote areas. No matter of the number of miles or percentages quoted by the Government, rural, country and local communities need the assurances that village and rural post offices will continue to be provided.

Copies of the consultation paper may be obtained from the Department of Trade and Industry website www.dti.gov.uk.

[5] INDEPENDENT LIVING FUND REVIEW [ILF]: The latest review of the ILF has received cautious welcomes by disability groups. The review makes a series of recommendations for improvements, including wider eligibility and a more transparent system. By 2010, the ILF and the ILF 1999 Fund will commence to be more integrated with a system of personal budgets. Copies of the latest review may be obtained from www.dh.gov.uk NOTE; In the last two years and four months, confidential data of the cliental of the ILF has been stolen - not a very good record.

[6] NEW BLUE BADGE BILL: A privately introduced Bill wishes to introduce an enforcement policy for disabled bays in privately-owned car parks such as those operated by National Car Parks and others. Such car parks as we all know, are not currently subject to the various government regulations for ‘on-street’ parking spaces for disabled drivers.

The Bill would require car park owners to have for instance a written enforcement strategy, clamping fees must be reasonable and that car park owners insist that abusers of the parking bays reserved for disable drivers must move their vehicles.

The Bill so far as been given permission for a second reading in the House of Commons in June 2007. The Bill does not have much of a chance of becoming an Act which is a great shame but lets see what happens in June 2007.

[7] CONSULTATION ON THE ENFORCEMENT OF REGULATION (EC) No. 1107/2006 OF July 5 2006 CONCERNING THE RIGHTS OF DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY WHEN TRAVELLING BY AIR: Introduction:

[8] PROPOSED CHANGES TO THE REGULATORY REGIME: The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007: The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 [Annex B]. There is a proposal for a specific extension to the eligibility criteria for a blue badge for children under two yeas of age. The period of issue of a badge and the layout of the badge itself and proposed changes are thus:

However, with the introduction on 29 September 2006 of the power for police and parking enforcement officers to inspect blue badges, reinstatement of the hologram on the badge will now add value to security and help reduce forgeries;

Further details about the changes and options considered in these areas are contained in the attached Regulatory Impact Assessment (RIA).

We also need to update our regulations in line with new laws. The Disability Discrimination Act 2005 (Schedule 1, Part 2), made minor amendments to legislation concerned with the Blue Badge Scheme. Among these, section 21 of the Chronically Sick and Disabled Persons Act 1970 is amended to refer to a badge issued to “an organisation” instead of “an institution”. This change and others recommended by DPTAC require amendment to existing. For further information log onto .dft.gov.uk/consultations .

Apart from the above changes, we at ‘Law and Benefit Review’ and ‘Disability Matters‘, are continuing to call for a complete re-call of the whole of the Blue Badge system as it now stands. The control of theft, fraud, misuse and abuse continues, despite the introduction of the inspection of Blue Badges by traffic wardens, police and other authorised personal continues. Until the issue of the badge is reduced to genuine disabled people such as those receiving the Higher Rate of Mobility and Care from the Disability Living Allowance state benefit and War Pensioners and people suffering from eye sight problems such as blindness. Problems such as fraud, misuse, theft. etc. and other offences associated with the use of the blue badge will continue. The government must tackle the basic essentials of the working and issue of the badge but for some reason they are continuing to ignore this or at the very least dragging their feet. The number of blue badges issued by UK local authorities runs into millions, some 2.3 millions in fact and increasing all the time - which tends to indicate that 12% approx. of the UK population - or thereabouts- are disabled?

[9] PAY AS YOU DRIVE: This proposal by the Government to introduce road charging/congestion payments for motorists has now been deemed to be ‘inevitable’ in ten years time. The cost of introducing such as a scheme will be phenomenal, tens of billions of pounds, but who is going to pay? Presumable, tax payers will pay for the road side equipment to read vehicles number plates and possibly photograph the driver, etc. but will vehicle excise duty and VAT on fuel be cut in compensation by The Chancellor of the day? It is not expected that disabled people will be charged to drive and not all elderly people and disabled people are receiving qualifying state benefits such as disability living allowance to qualify for any of the exemptions expected to be announced by the government in future legislation. So far, only an exemption to the road charge has been included in draft documentation and no mention has been made of the payment for the installation of the ‘in-car’ GPS style equipment required to operate the scheme. Large cities and towns operating congestion charging schemes have local legislation which exempts holders of the blue badge from the charge by prior application to the operating authority.

A recent public document introduced by DPTAC, the governments ‘guango’ on such matters as blue badges, has suggested that all blue badge holders should be exempt from any road or congestion charging - what all 2.3 million of them? If such a large number of drivers are provided with any exemption, then it would hard to believe that the scheme could be financially operational as the operators would not recruit sufficient funding to even keep it going.

Existing congestion charging scheme’s such as operated in London daily find through CCTV cameras and other devices hundreds of vehicle with false registration marks being displayed on vehicles to avoid paying the daily congestion charge. Again very many of these vehicles can be traced. Then of course is the abuse, theft, mis-use and fraud of the Blue Badge system. Think how much money will be lost to operators by people mis-using blue badges issued to disabled relatives/wife’s/husbands, etc.

Every UK registered vehicle if it can be traced - will be fitted with a GPS style system which will identify the vehicle, its location, its route and journey time so that the road charge may be calculated and sent to the registered owner of the vehicle. How is this to be paid? Disabled and elderly people on certain state benefits will be extremely hard pressed to accommodate any such expenditure which is yet to be officially approved and incorporated in legislation don’t forget. We at ‘Disability Matters’ have written to the Government to explain how such people who cannot pay gas and electricity bills in winter periods are expected to find the money to pay for such items as GPS devices to measure any exemption to the proposed road charging schemes. The government have intimated that people in receipt of certain state benefits will be exempt from any charging schemes but this is still to be written formally into legislation. We will be keeping a close eye on this issue and report when announcements are made.

The logistics of this scheme on the face of it appear to be phenomenal. Issuing accounts for the amount of usage, collecting the amount due, chasing up accounts, debtors who do not pay, preparing action to collect unpaid charges. Preparing ’debtors’ for court action. etc. etc.

It has been revealed recently that millions of vehicles are registered at ‘accommodation and other none residential addresses’. Many hundreds of thousands of other vehicle owners have failed to inform the DVLA of a change of owner. Two million drivers are un-insured in the UK , thousands disqualified from driving and/or have no licence to drive a motor vehicle. Vehicle owners from eastern Europe and other EU countries are virtually impossible to trace. Then of course we have the continuing misuse, theft, abuse and fraud of the Blue Badge system. It is only the honest, reliable, insured, driving licence holder who will be subjected to the proposed road charging schemes.

[10] RECYCLING IN THE COTSWOLDS: For all the possible information you may require to help you recycle household rubbish turn to the Cotswold District Council website www.recycleforgloucestershire.com. The information contained on the website really applies wherever you reside in the UK. So, all you budding ‘greenies’ log onto

[11] DUTY BEING ENFORCED: Since the launch of the Disability Equality Duty in December 2006 the Disability Rights Commission [DRC] has been working actively to enforce the new duty on public sector bodies.

The Gender Equality Duty (GED) came into force on April 6 2007. This means that public authorities must now work to eliminate sex discrimination and harassment and actively promote gender equality. As part of their responsibilities under the duty public authorities must also have produced a Gender Equality Scheme by 30 April.

A survey by the Office for Disability Issues of public authorities in England (excluding schools) highlighted 499 who did not have a Disability Equality Scheme. We are currently considering formal legal action against 20 public bodies where there is clear evidence that they do not have a scheme.

The DRC have also been working with key government departments to ensure their schemes meet the duty. On 15 March government departments were provided with detailed reports highlighting the strengths and weaknesses of their schemes. We have met with many of these departments, and they are now considering revisions to their schemes

[12] ASSISTANCE DOGS: Disabled people who use assistance dogs quite often experience discrimination in doing everyday things other people take for granted. This is because shops, restaurants and other businesses sometimes object to assistance dogs being brought onto their premises.

It will usually be against the law to discriminate in this way. The Disability Discrimination Act 1995 [DDA] says that anyone who provides services, goods or facilities to the public cannot refuse to provide their service to a disabled person for a reason relating to that person's disability. Nor can service providers use a person's disability as a reason to provide them with a lower standard of service than it offers to other people, or a service on worse terms.

For advice and more information for assistance dog owners. Information on the rights of dogs and owners is also available from the at www.guidedogs.org.uk/events

[13] LORD ASHLEY’S PRIVATE MEMBERS BILL PASSES THE HOUSE OF LORDS STAGE: This Private Members Bill, which we at ‘Disability Matters’ have been following through its paths in Westminster is aimed at tackling the growing social care gap and at ensuring greater choice and support to disabled people and carers, completed its legislative passage through the House of Lords in April.

The passing of Lord Ashley of Stoke Disabled Persons (Independent Living) Bill comes in advance of new research, commissioned by the Office of Disability Issues, on the cost benefits of providing support to disabled people that maintains their independence. The research will be published on 10th May.

The Bill, which gained support from carers' and women's equality groups, including Carers UK and the Equal Opportunities Commission, as well as cross-party endorsement, will now proceed to the House of Commons. Earlier this year over 150 MPs signed an early day motion in support of its provisions.

[14] FILTHY CARE HOMES: It is being alleged that thousands of elderly people are living in filthy care homes and being exposed to the risk of infections and malnutrition. Inspectors have reported that one in three homes provides barely ‘adequate’ living conditions and rated hundreds of homes as ‘poor’. Untrained staff, low standards of cleanliness and poor food have also been found. In January 2007, the Health Minister admitted that many elderly people were being fed a single scope of mashed potato as a meal. Shocking.

This information was revealed as a result of a question under the Freedom of Information Act being asked by MP’s. It would appear to have opened a can of worms.

We at ‘Disability Matters’ have covered the issue of ‘care’ for our elderly friends in the past on several occasions. Vulnerable and elderly people are being let down by the lack of government funding. They have the money but appear to want to give it away to other countries so as to be seen to be politically correct on the world stage. What about our own people Mr Blair?

[15] BLUE BADGE NEWS FROM THE EUROPEANS COMMISSION: Revision of Council Recommendation on Parking Badges for Disabled Persons The European Commission is currently in the procedure of making a technical revision of the Council Recommendation from 1998 on the mutual recognition of parking cards for people with disabilities (98/376/EC) due to the enlargement of the European Union.

This recommendation has lead to a standardized model of the parking cards for disabled people within the European Union. The standardized parking card allows the cardholder to benefit from parking facilities available to people with disabilities in the Member State in which they happen to be. The recommendation also includes a provision stating that the holders of the card should receive information on the rules for granting parking privileges in the different Member States. Complaints are regularly received relating to the lack of information on the rules in the various Member States.

The Commission produced a leaflet in the year 2000 with information on the rules for parking for the holders of this parking card. However, this leaflet is in English and has not been translated to other languages. It has also not been widely disseminated. The Commission is planning to update this leaflet as a follow-up to the revision of the recommendation. It will also be translated to all official EU languages by the end of 2007. In addition, the Commission is planning to launch a website with information on the recommendation as well as the rules and contact persons in the various Member States. Disability Groups including the European Disability Forum [EDF] will support the Commission in the dissemination of this information in order to ensure that disabled people across the European Union are aware of their rights linked to the parking card. The EDF will also encourage all Member States to provide the leaflet to all their national card holders. Until the leaflet is available, EDF members are invited to consult the following website, where basic information on the rules for parking for disabled people across the EU (and beyond) is provided:

For basic information on the rules of disabled parking across the European Union visit www.cemt.org/topics/handicaps/parking.htm [Thanks to the EDF for the information in this article]

[16] DISABILITY TERMS CONFUSE EMPLOYERS: Prospective employers feel the politically correct language of disability can be a barrier to employing more disabled people, a survey suggests. ‘Remploy‘, an employment services provider for disabled people, said most of the 400 employers polled believed in working towards a diverse workforce. Some complained a lack of understanding of the terms to use when describing disabilities put them off. The British Council of Disabled People said it was a "ridiculous excuse".

One employer, who took part in the research, said: "The ballpark is always moving, as are the words that I can say. "You don't say that someone is blind, you say visually impaired." Beth Carruthers, director of employment services at ‘Remploy‘, said the survey showed employers recognised the talents and skills disabled people can bring to the workplace.

"The important thing is not the language used to described disability but that disabled people received the same respect and opportunities," she added but the Chairwoman of the British Council of Disabled People, Anne Pridmore, said: "It's an excuse for not employing disabled people. It's crucial that they are defined by the right language."

The study also found evidence that firms believed disabled people were not applying for enough jobs. Most agreed that disabled people could work in most areas, although construction and the fire service were considered unsuitable, the study showed. Ms Pridmore explained why more do not go for jobs: "That's because disabled people are absolutely sick to death of going to interviews and being turned down. "If I told them in my application that I was a disabled person, they would not even write back.

[17] NEW UN CONVENTION: The Disability Rights Commission has said that the UK Government needs to ratify a new UN Convention on disability rights as the staging post to bring pressure on the EU to end human rights abuses against disabled people in member states.

The UN Convention is the first human rights convention of the 21st century and the first ever human rights treaty on disability. But for many disabled people, including children in much of Central, Eastern and Southern Europe, living conditions and life chances fall significantly short of the standards set out in the new Convention.

The European Commission has recently established a Human Rights Agency and the DRC is looking for this body to prioritise bringing such abuses to an end and ensuring implementation of the Convention.

[18] NHS PATIENTS FACE MORE CHARGES: Not content with increasing the charges for bedside telephones calls by 16p per minute, TV’s, radios, internet and games, Patientline is planning to charge and extra £1.00 for hiring earphones to listen to the radio which their contract say is supposed to be free. It is said that elderly patients will be hit most by theses charges if they wish to take advantage of these. If you have your own earphones - take them with you.

We maintain all our rights as indicated on the Home Page of the Law and Benefit Review website, www.lawandbenefitreview.co.uk on all written material, other than being previously in the public domain on this site, which may not be reproduced, copied, downloaded, emailed, faxed, distributed, transmitted, published or broadcast as individual articles or as a whole without prior permission in writing from Disability Matters of P O Box 5, Unit 6, Corinium Centre, Cirencester, Gloucestershire, GL71AA, UK.
Private Individuals may however download articles or information that may be appropriate to their own medical condition or circumstances, so as long as the ‘download’ is for personal use only. However, it would be appreciated if an email was sent to our office at disability.matters@yahoo.co.uk informing them of your intentions.

Our rights also extend to the registration and use of the names of the ‘Law and Benefit Review’ and ‘Law & Benefit Review’ and ‘Disability Matters’ all of which are lawfully registered as indicated on our home page along with the usage of the email addresses disability.matters@yahoo.co.uk and www.lawandbenefitreview.

LAW AND BENEFIT REVIEW

[part of the 'Disability Matters' & 'Law and Benefit Review' Group] 'for all disability issues’ disability.matters@yahoo.co.uk www.lawandbenefitreview.co.uk [01285-861752] REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC. June 2007 [edition 15]

[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
'for all disability issues’
disability.matters@yahoo.co.uk
www.lawandbenefitreview.co.uk
[01285-861752]
REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC.
June 2007
[edition 15]