LAW AND BENEFIT REVIEW
EUROPES NO 1
[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 2009
[edition 37]
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GOOD TO SEE ALL YOU 'SILVER-SURFERS', welcome to the June 2009 edition of the LBR. We sincerely hope that nobody has been subjected to the H1N1 flu bug and that you are all well.
It’s beginning to look like a year of ’electronics’ for both the elderly and disabled, if they can afford them. ASDA has announced and developed a new line of aids and adaptation’s for the elderly/disabled - see article #3 below - and professors and universities in the UK have come up with some amazing ideas to care for the elderly/disabled as you will shortly discover in the August and September issues of the LBR.
UK Members of Parliament have been hung out to dry by the Daily Telegraph with a three week gigantic exposé of what UK MPs are currently allowed, or not allowed to claim as ‘allowances‘ whilst serving as elected representatives of their constitutes. See article #4 below. No doubt the ’allowances’ revelations will continue until at least the next election, and we will bring it to you step by step insofar as matters affecting the elderly and disabled are concerned, so watch this space as they say. Of course at least one MP appears to have been ‘favoured’ by local authorities, with him being granted a Mandatory Grant for a £14,000 wet room in his second home. How many of you are waiting for a wet room in your one and only home?
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FLU BUG EPIDEMIC H1N1
[SPECIAL]
Every household should by now have received the promised Government leaflet on the flu epidemic which is still travelling ‘around’ the world, although it does not appear to be as bad as anticipated, but nevertheless do not be complacent as it could easily come back. Incidentally, as we write there is no sign of the leaflet as yet in our homes, but if you have received yours, then do please read it - it is important. As with every ’super-bug’, wash your hands after every time you use the loo and before preparing food, when ever you like really. If you have been out shopping opening shop doors, handling coins, using public loo’s, visiting hospitals, clinics, dentist’s, eating, etc. then wash your hands as soon as you come home to stop any ‘super-bugs’ from spreading within your home. ‘Touch’ is one of the easiest way to spread disease, colds and flu and ‘super-bugs’, so washing hands frequently helps cut this spread down. All good practical sense and use an antiseptic ‘Jel’ if you can to help kill the ‘bugs‘.
As the TV advert reminds us, “catch it, bin it, kill it”. Catch any coughs or sneezes in a clean tissue, then bin it in a dustbin, and then wash your hands. Doctors surgeries, hospitals, dentists, clinic’s or any large area where people are gathered are NOT GOOD PLACES TO GO WHILST THE H1N1 FLU BUG IS STILL AROUND.
Again, as with any major medical problem‘s, the elderly, and those with low immune systems, are among the ‘high risk’ members of the public that could be affected so take extra care. If you think that you may have the flu symptom’s then stay home and ask your doctor to visit you. Further info. can be obtained from either www.direct.gov.uk/swineflu or by telephone on 0800 1513 513.
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EUROPEAN MEP’S ELECTIONS SPECIAL
JUNE 4 2008
#1 European legislation continues to play a large part in the needs of the elderly and disabled, as we at the LBR have shown over the years, and no doubt we will continue to do so. Several important pieces of EU legislation have had a tremendous positive effect on the lives of both the elderly and disabled such as access to all forms of transport, i.e. aircraft, buses, ships and trains, and indeed this legislation is now currently ‘protecting’ those it was designed for but with some hick-cups. Those travelling by air are now protected more than they have ever been, from arriving at an EU airport to departing from an EU airport. Many buses and coaches now have ramps for wheelchairs, and taxis likewise, all as a result originally of EU legislation. So if you are going to vote for your local MEP or MEP’s, as many areas have more than one, then please seriously consider doing so. But remember to register first otherwise you will not be able to vote. Contact the Electoral Registration Officer at your local authority’s HQ concerning registration, which basically means having your name on a current voters list for where you will be living at the time of the elections.. We can only wonder if it had been left to Westminster alone to pass such legislation as we have referred to here, would the elderly/disabled be ’protected’ as much as they are now? Also remember that at sometime in 2010, perhaps May, there will be a General Election in the UK for a new Government.
The Disability Discrimination Act 1995 [DDA] was/is an excellent example of what our own members of parliament can do for the disabled particularly , but as we have reported previously, the new Equality Bill will replace the DDA in due course. We are waiting for a look at the new Bill to see just what is ahead of us. When we know, you will know. [see article 4 below]
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WARNING TO CARE HOMES CONCERNING DEMENTIA
#2 Care homes need to improve their approach to people with dementia, a report by a firm of health and social care analysts has concluded. An enquiry into training was "fragmented and ad-hoc" with a third of homes failing to provide staff with specialist instruction. The survey of 6,000 UK care homes also questioned the care provided. It said only 57% of home residents affected by dementia were cared for in settings "dedicated" to the condition. The figure rose to two thirds once all those who ended up with dementia while in care homes were taken into account. The number of people in Britain with dementia is expected to more than double to 1.7m by 2051.
Ministers have already pledged action, promising to improve services, including those in care homes, in their dementia strategy published earlier this year. Training was highlighted as a key area that needed addressing, with an estimated 248,000 people in care homes suffering from dementia. The research also suggested that the aim of reducing the use of anti-psychotic drugs to sedate dementia patients would increase the need for better services.
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NEW OAP FRIENDLY WHEELCHAIRS AND WALKING STICKS
#3 Asda is to start selling walking sticks and wheelchairs to cater for Britain's ageing population. Asda would be the first mainstream retailer to offer mobility aids would help 'eradicate the stigma' around disability. The new range will include a collapsible wheelchair and fold-up walking sticks as well as devices to help remove lids from jars and turn taps on/off..
The supermarket is also branching into the market for bathroom aids such as shower seats and raised toilet seats. The move comes after research has shown that pensioners will make up almost a quarter of the population within 23 years. The aids will also be targeted at younger people with disabilities and those suffering from sports injuries. Dermot McLaughlin, spokesman for Mobilease, which has collaborated with Asda to offer the range of 15 products.
A spokesman for Asda said that the most important thing is that having Mobilease available in Asda will gradually change people's perception of disability and eradicate the unnecessary stigma that has surrounded mobility products.'
The range of adaptations are on sale now in 75 Asda stores, and will be rolled out to more of the chain's 350 stores if it proves popular. Until now, mobility aids have only been available on prescription through the NHS or social services, independent stores or specialist websites and newspaper or television adverts.
system can be slow and restrictive.'
As ever, seek advice first from professional people such as an Occupational Therapist before purchasing any kind of aid or adaptation, as they might not be suitable for your needs and do more harm than good. If you are applying for or awaiting for a Mandatory or Discretionary Disability Grant from your local authority, then do not purchase any aids or equipment for say bathrooms or stair-lifts as the grant will not cover these purchases. You will not receive any financial help for any equipment purchased or fitted before the grant had been approved. Equally, do not start any building work, alterations or adaptations before the grant has been approved and even then such work can only be undertaken by workman ‘approved’ by the local authority. There is also a chance that you may have your application cancelled altogether. These grant applications can take up to two years to be finalized and the frustrations caused by these delays is very understandable, but of course if you are a Member of Parliament and a ‘representative of the people‘, then a ’wet-room’ in your second home for £14,000 appears to be a matter of course. How many people are awaiting a ‘wet-room’ in their first and only home? [See article 4 below].
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THE GRAVY TRAIN
#4 The recent disclosure’s published uniquely by the Daily Telegraph concerning many UK Members of Parliament claims for ’allowances’ has resulted in them spending tax payers money like water for their own gains. This can only be described as maybe the worse exposé that has ever occurred within the UK Parliament since pre-Oliver Cromwell days. Perhaps we should now follow Charles the First’s action and dissolve Parliament? As we have already said, one Member of Parliament managed to obtain £14,000 for a ’wet room’ in his second home which was approved by the House of Commons, whilst the rest of us wait years for a few hundred pounds for minor, but necessary or essential adaptations. Recently, funding for both Mandatory and Discretionary grants has been reduced [but not apparently for a certain MP though], which means not so many disabled or elderly people are obtaining the grants. It would appear that only ‘critical’ and ‘substantially’ disabled people are receiving the grants at the moment. From what can be gleamed from the media, the MP who obtained his wet-room is not disabled.
A former Government Conservative Minister claimed £14,500 in ‘allowances’ for a ‘house-keeper’ and was awarded it. How many disabled or elderly people would like this ‘allowance’ to employ a house-keeper to look after them?
The current Minster for Care, Phil Hope MP spent £37,000 on a shopping spree on his ’second home’ apartment. In the meantime the fact that we cannot get in and out of our baths, or access our showers, or sit down on our loo‘s, or get in and out of our bed‘s, or ascend or descend our stairs, or get in and out of our homes, does not seem to be anywhere near so important to local authorities as some MPs needs. One wonders if Mr Hope ever thought when spending his £37,000 ‘allowance‘ how much positive difference this would do for his own elderly/ disabled constituents? We bet he did not even flinch.
The Health Minister Phil Hope is to repay £41,709 in second home allowances following media revelations.
Examples of MPs milking or taking advantage of their ‘gravy train’ to the absolute limit includes the purchase of one tin of dog food, sandwiches, biscuits, the now famous bath plug, eye-liner, 5p carrier bag, one Kit Kat, box of Jaffa cakes, nappies, light bulbs, etc. etc. At the higher level, rents, public funding assistance with mortgage interest, Elliot Morley MP claimed for paying off a mortgage that no longer existed, two MPs married to one another having two main homes and both claiming ‘allowances‘, stamp duty, private security arrangements, buying and selling property - so-called second homes - and making financial gains, TV’s, Sky, etc. Former and existing Prime Ministers, Blair and Brown, are implicated in some of these allegations, as well a very senior Minsters of State, from the Chancellor of the Exchequer, to the Home Secretary and former Home Secretary, to an ex Minister of Defence, etc.
One MP had his main home situated 8 miles from the House of Commons, and yet he has been allowed to have a ’second home’ in Westminster for which he claimed thousands of pounds of tax payers money. He then sold the apartment making a profit of £200, 000. Of course there is no apparent evidence to suggest that he paid back the money he took from tax payer‘s, nor is there any need for him to pay back that money. The ’profit’ has helped him move upwards in the property market. Another current Minister has claimed ‘allowances’ for three/four different properties whilst 2.5 million UK citizens are on the housing list.. Investigations by Her Majesty’s Revenue and Customs, [HMRC] are now taking place following allegations of failures to pay tax, and the Metropolitan Police are also considering an enquiry.
From looking at the figures published by the Daily Telegraph, it would appear on average that something in the region of £20,000 to £23,000 per MP, may have been claimed, which works out at around £100,000 million to date, no doubt this will increase as four years back claims for ‘allowances’ are looked into. Whilst saying this, we fully appreciate that some MPs have not made such large claims and have been declared ’clean’ whilst other MPs have not claimed anything.
Whilst all this tax payer’s money is ending up in MPs pockets, local authorities have cut back on help and care for the elderly and disabled, due allegedly to the lack of Government funding, and care and nursing home fees are rising alarmingly as we have previously reported. Many people on state pensions and benefits cannot keep their heads above water, elderly people die in their own homes because they cannot afford to heat their mega single dwellings, etc. etc. Are those MPs who have been exposed not ashamed of what they have been doing? Not one has justified his or her claims of being awarded the ‘allowance‘ other than “that their claims were within the rules” or “it was a honest mistake” but now many MPs and others are thinking that many ’allowance’ claims “are not within he rules”. It is also very sad that many of the “caught out” MPs have been so indignant of their position as if it is all the Daily Telegraphs or the publics fault - not theirs of course.
Party Leaders have naturally spoken out with often weak and pathetic excuses after the exposure’s on the damaging ’allowance’ affair. It may well be that the claims are “within the rules”, but who on earth drafted these rules up in the first place and then who approved them? Well the MP’s of course. What would have happened or how long would these claims for the ‘allowance’ continued in this manner, if the Telegraph had not blown the whistle, and just as importantly, how long has it been going on for?
This all sound’s like pathetic desperation to us, in order to claim every single penny the MPs concerned could possibly claim, whilst they serve out their terms as Members of Parliament. and Honourable Gentleman. Currently, the Parliamentary rules permit all this to happen, and whose fault is this? Is it us, Jo public, to allow this to happen, or did we not know the existence of such rules or the scale of the ‘allowances’ scandal’ until it was revealed by the Telegraph in May 2009? What ever, enough is enough. The Government say they are reviewing or have reviewed the rules and will publish the new rules this year. We at LBR will follow this storey to the end, so watch this space.
Think about these figures, we have estimated that between £1.296 and £1.4904 million has been used by many of those elected to represent us in Parliament to live life to the full. Swimming pools, gardens, tennis courts, new kitchens, decoration, maintenance, mortgages, etc. and with at least on Ministers having up to four homes. Did any parliamentary candidate mention at electioneering time, that if elected he/she would be into the financial trough to gain as much financial assistance as at all possible, did they? No wonder they look so disappointed when not elected.
Now that the ’offending’ MP’s have been ‘exposed’, some of them have said that they are paying back what they took from the ‘allowance’ trough. Vast sums are now beginning to be returned, one MP has paid back £75,000 and another MP is to pay all the tax she failed to pay on two ‘second-homes’. Exposure, guilt, shame, very little remorse or are they trying to protect their job’s which has lead to this reversal in monitory terms, and one wonders how many MP’s will not be elected next May due to their greed alone. This storey is changing by the hour and by the day, so much so, that by the time you read this much more will have been revealed.
Now, the House of Lords has become involved in a very similar matter as the House of Commons. Two Labour peers involved in the "cash for amendments" scandal have been suspended from the House of Lords after a parliamentary sleaze inquiry found them guilty of misconduct. What about a police enquiry for perhaps say corruption? Prior to Tony Blair’s government having the wonderful idea of excluding and virtually banning real and genuine old Titled ‘Lords’ from the House of Lords, only to be replaced by nothing more than ‘business men’ who have been ‘knighted’ for their contribution towards industry, and then play at acting as ‘Lords’. There appears to be no such incidents that required previous members of the House of Lord who consisted of the heads of very long standing ‘titled English families who have been engaged in the Lords since the days of Magna Carta to be ‘banned’ or expelled from the House of Lords for a least 300 years. OK, they were not elected into their positions, but hay did we have the corruption now being revealed.?
Last month, a Conservative Member of the European Parliament representing the UK was charged with fraud concerning his expenses which leads us to see if any UK MP’s will also charged with fraud or attempted fraud or theft?
We have downloaded part of the ‘The Green Book’ dealing with Salaries, Allowances and Pensions from the internet. The ‘rules’ show what may be claimed and what may not be claimed, and guess what, all drawn up and approved by Members of Parliament themselves. Looking at what Ministers and MPs’ and the current Speaker have claimed or attempted to claim, it would appear that they are covered by the rules, so it’s a matter of interpretation really, but not of course for claiming interest rates on non-existent mortgages, claiming for a second home that does not exist, and so on. It should be remembered that the ‘Green Book’ is not a law book and does not contain any reference to the law. Put simply, the ‘Green Book’ is a set of rules such as any cricket or football club may have, and members must abide by the rules. In some cases, some MPs have not complied with the Green Book rules, and others, such as claiming for non-existent properties or mortgages, then this is possible another matter, possible criminal. More on this subject next mouth no doubt.
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STAFFORD HOSPITAL PROBLEMS CONTINUE
[UPDATE]
#5 There are still problems in emergency treatment at the hospital which was branded ‘appalling’ in March 2009. The Healthcare Commission looked into care being provided by Stafford Hospital between 2005 and 2008 and concluded patients died needlessly.
Ministers have announced that all hospitals in England will have to publish levels of complaints in light of the Stafford problems. One of the main reasons the poor standard of care went unchecked for so long at Stafford was that complaints by patients went unheeded by the trust running the hospital and local health managers in charge of overseeing the service.
However, ministers also pointed out that the Stafford case was a local problem with no similar problems reported elsewhere. The hospital regulator also said the death rate during the three years covered was much higher than expected with the hospital seeing an extra 400 deaths than the average for the health service. The problems were put down to bad management which meant there was an obsession with targets. Ministers responded by ordering two reports - one by A&E tsar Sir George Alberti into the current standard of care at the hospital and the other by primary care tsar Dr David Colin-Thome on the lessons that could be learned. Sir George's report said while £3.8m had been invested in new staff, recruitment and training in the past 12 months, there were still shortages in surgeons and nurses. The second report specifically looked into why local health managers working for the local primary care trust and strategic health authority missed the problems.
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THREE YEAR WAIT FOR DISABLED HOME ADAPTATION
#6 A woman from Brighton is still unable to go home three years after being paralysed in a road accident because she is still waiting for her house to be adapted. Shelley Brown was paralysed from the chest down when her spinal cord was severed in the car crash which happened when she was out horse riding. She is still waiting for work to start on the £30,000 adaptation of her home. Brighton and Hove City Council apologised for the distress caused and said work would start shortly. One wonders how long the MP waited for his £14,000 ‘wet-room’ work to be carried out?
The Disabled Facilities Grant process that Shelley is going through is renowned for its long-windedness , Alex Rankin, spokesman for the charity Aspire, which supports people with spinal injuries. "Adapting the property to suit Ms Brown's needs requires major structural work, which includes installing a lift". "We appreciate that three years is an exceptionally long time, but our staff have made a lot of effort to make sure that Ms Brown's needs have been met during that time."
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C. DIFF FOUND IN READY MADE SALAD
#7 Spores of Clostridium difficile (C. diff) have been found in supermarket salads by researchers at Glasgow Caledonian University. Three of the 40 prepared salads tested, which were purchased from seven supermarkets in Glasgow, contained traces of the C. diff bug. Although the spore count appeared low, the amount required to cause an infection is currently unknown. Three of the contaminated salads were imported from other EU countries.
The number of deaths related to C. diff has increased in recent years. The bug, which is found naturally in about 3% of adults, usually affects the elderly and can be fatal. Earlier scientific studies had indicated that people in healthcare environments, such as hospital patients and care home residents, could become infected by others who carry the bug but are not experiencing its symptoms.
The researchers concluded that eating foods containing C. diff spores could increase the number of carriers without symptoms. There would therefore be a greater risk of them passing it on to vulnerable people in healthcare environments. This is the first report of C.diff being found in food, so is anywhere or anything safe?
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BUS PASS CHANGES
#8 April 1 2009 revealed that bus passes issued to people under the age of 60 years, and the disabled, would no longer be valid on hundreds of services. In particular, any bus or coach service with stops less than 15 miles apart will be considered a ‘local service’ and the operator of such services should accept bus passes.
In the future, services that do not meet this criteria, and any service on which more than half of the seats can be booked with other routes, will no longer be eligible for free travel. To clarify your local conditions, contact your local UK authority, as they may still offer concessions at their own discretion.
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ELDERLY LEFT ON A & E TROLLEYS
#9 Concerns have been raised for the welfare of elderly patients left on hospital trolleys for hours while they wait to be taken back to care homes. A consultant at Ninewells in Dundee, Scotland has said too many pensioners are taken to A & E at night when they could be treated in their care home by a nurse or GP.
Dr Bill Morrison said some spend several hours on trolleys while they wait for ambulances to take them home. He said often the patient had been in hospital for a minor problem. A patient transport service does not run at Ninewells hospitals overnight - nor many other NHS areas - so patients often have to be taken back to their care home by ambulance so waiting on uncomfortable trolley’s at night in corridors is almost the norm. Anybody who's been to an A & E department late at night, on a Friday and Saturday in particular, will know it's not a particularly friendly environment and sometimes it's not the place they should be.
It is being urged that accident and emergency medics, the out-of-hours service, ambulance personnel, NHS 24 and care homes must continue to work together to make sure elderly patients received the most appropriate treatment.
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NEW STRAIN OF C.DIFF REEKS HAVOC
#10 Sixty-two deaths were revealed at a press conference following a week of ward closures as the Eastbourne District General Hospital as staff battle to contain the problem. The particularly virulent new strain of C. difficile responsible for the outbreak, known as 027, can produce 20 times as much toxin as others, and is known to cause a higher mortality rate and is resistant to several drugs used to combat the infection. Most of the victims are frail and elderly patients, and some of those who died had only been treated for fractures and had been expected to make a full recovery, according to sources.
In total, there has been 62 cases of Clostridium difficile since the beginning of the year at Eastbourne District General Hospital and the Health Protection Agency has been called in to assist in containing the infection.
As we have reported previously, C.diff is often spread by healthcare workers, nurses, doctors, cleaners, etc. who fail to wash their hands properly with soap and water, not just alcohol gel. Between patients, spores can contaminate floors, bedpans, telephone‘s, bed rails, door handles, plates, etc. where they can survive for several days.
The UK Daily Telegraph highlighted the spread of 027 last year [2008] when experts warned the extremely infectious strain was found in a quarter of hospitals tested in England and had caused serious outbreaks in nine European countries including the UK. A review of medical case notes has established three patients, aged 85, 89 and 91 died as a direct result of the infection on February 11, February 28 and March 17. In a further ten cases the bug was noted on the death certificate as a possible contributory factor. Another nine patients were diagnosed with C. difficile and died, but the doctors concluded the infection had played no part in the deaths. !!!
So far in the last financial year, April 2008 to April 2009, there have been a total of 194 cases of C. difficile at Eastbourne District General Hospital and the expected number for a hospital of this size and the profile of the patients there, is 200 cases in a year. Multiply the number of hospitals - not NHS Trusts - by 200, to see how many cases of C.diff are expected. We estimate around 4000. The latest data from the Health Protection Agency shows that there were 7,061 cases of Clostridium difficile in patients aged over 65 in hospitals in England between July and September last year. In the same period in 2007 there were 10,884 cases.
COMMENT: Once again these terrifying numbers show that the Government’s version of how they are getting on top of super-bugs is far from what is still happening on the ground. How many more are going to die?
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BENEFIT OVER PAYMENTS CONTINUE TO RISE
#11 Benefit overpayments are continuing to rise, with the outstanding debt owed to the Department for Work and Pensions (DWP) hitting a record £1.8 billion, the Whitehall spending watchdog has said.
The National Audit Office (NAO) said although the DWP managed to recover £272 million in 2007-08, it was outstripped by the £558 million made in overpayments. A total of £205 million in overpayments had to be written off altogether, including £28 million wrongly paid out to claimants after they died.
The result was a 6.6% increase in the accumulated sum owing to the DWP from £1.67 billion to £1.78 billion.
Edward Leigh, chairman of the Commons Public Accounts Committee which oversees the work of NAO, said the DWP was facing a "debt mountain" which it needed to claw back. He said: "In these tough economic times surely the Government should be helping to prevent people on benefits getting into debt, rather than having to put so much effort into recouping it from claimants once it has been overpaid?"
COMMENT: As we have said before, how can such huge errors in calculating and checking benefit claims be repeatedly made. It is tax payers money again being used to pay out benefits. Is it the system, poorly trained staff, computer programming, lack of supervision, what?
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SCHEME TO HELP VULNERABLE FAMILIES IS A SHAM
#12 Only one household has been helped by the £200 million Mortgage Rescue Scheme {MRS} since it was launched in January 2009. This is despite 452 households applying for help in the first three months of the year. At least 407 of these families had people in a “priority need category” – pregnant women, dependent children, the elderly or those with a physical or mental disability.
The scheme aims to prevent the most vulnerable people from having their home repossessed by enabling them to sell all or part of their property to a registered social landlord. When launched, it was meant to help 6,000 families over two years. At the current rate just eight households would benefit in that time.
The Shadow Housing Minister Grant Shapps said an estimated 15,000 families have had their homes repossessed since January. He continued “These shocking figures show what a sham the Government’s Mortgage Rescue Scheme has been. Under the MRS a social landlord can buy a share of someone’s home, allowing them to have reduced payments under a shared equity agreement, or buy the home outright, with the owner renting it back.
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DUST BENEFITS
#13 Joanne Coggan, who said she had to avoid dust and could not enter dusty rooms until they had been cleaned by somebody else due to her sufferance of chronic asthma, was filmed by fraud investigators carrying a vacuum cleaner into work. She has been given a suspended jail term for illegal benefit claims. Joanne Coggan, 43, of Eugene Gardens, The Meadows, Nottingham, was sentenced to 30 weeks in prison, suspended for two years, with supervision for two years. Coggan pleaded guilty at a hearing at Nottingham Crown Court on 8 April to falsely claiming benefits. She had claimed over £23,000 of Income Support and disability payments.
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EUROPEAN UNION DISABILITY LEGISLATION
#14 European legislation addresses disability in a broad range of areas, from anti-discrimination to transport to telecommunications, sometimes very specifically, sometimes in a more general way.
The Employment Directive prohibits discrimination as well as harassment and instruction to discriminate. All employers must provide ‘reasonable accommodation’ for people with disabilities, which means that disabled people have a right to get adaptations to the workplace in order to be able to fulfil their job. Many Member States have had to substantially amend their national law to comply with employment regulations.
The Regulation on state aid for employment promotes the recruitment and retention of disabled workers. It enables Member States to create financial incentives for employers and provides workshops to recruit and retain disabled people.
The Regulation on rights of disabled persons and persons with reduced mobility when travelling by air provides for compulsory, free-of-charge assistance and information at airports and by airlines. No reservation can be refused on the grounds of disability except for safety reasons or insufficient size of aircraft. Air carriers and airport managers must ensure that their staff has received appropriate training to assist disabled people. Establishment of enforcement bodies and complaint procedures are obligatory. Passengers with reduced mobility and disabilities on rail transport are guaranteed assistance, information on accessibility and non discrimination. The responsibility for mobility equipment falls on all carriers. Legislative work on maritime and coach transport is on-going.
The Commission is currently preparing a proposal for a Directive implementing the principle of equal treatment outside employment, based on Article 13 of the Treaty.
Through the European Open Method of Coordination, the EU works with, and supports Member States in developing their policies within an integrated framework. It enables disability issues to be taken into consideration in employment, social inclusion, protection, pensions, health and long-term care. Through EU social dialogue, social partners are encouraged to implement their recommendations for employing people with disabilities.
Increasing criticism is being voiced over the apparent lack in numbers of qualified staff to look after the needs of the elderly and disabled at large airports. London Heathrow has become so large now with the opening of terminal 5, that the number of qualified staff appear not to have increased accordingly. We recently reported in the LBR of several separate disabled travellers contacting us after passing through London Heathrow and London Gatwick airports during Easter 2009, and suffering various ‘inconveniences’ at one or other of the two airports such as missing their flights due to the non-availability of mobility conveyances, and being ’dumped’ in areas without contact. The EU are currently asking disabled people about their experiences at airports.
As airports become larger and larger with extra runways being added resulting in more flights and passengers, airport authorities must also react to this by the employment of extra trained staff or training more existing staff as to the needs of both the elderly and the disabled as well as the provision of more wheelchairs, staff and buggy’s.
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DATE ANNOUNCED FOR RATIFICATION OF UN CONVENTION
On 13 May Jonathan Shaw, the Minister for Disabled People, announced that the UK aims to ratify the Convention on Monday 8 June.
The focus now switches to the process of implementing the Convention within the UK and the work of awareness raising monitoring and reporting. ODI will be co-coordinating work across Government and will be engaging with disabled people and their organisations so that their views are reflected as we move forward.
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ACCESSIBLE VOTING - JUNE 4 2009
#15 We are approaching the time when MEP’s - Members of the European Parliament are to be elected for the next ’gravy train’, whoops, sorry, next term. This takes place on June 4 2009 for UK representation by MEP’s from 2009 to 2014. This will mean attending a official voting station to make your ‘mark’ wherever you may be within the Union. It is without a doubt that some UK voting stations, will breach the DDA in one way or another, and wherever such voting stations are located in the other 27 EU countries, i.e. France, Belgium, Germany, Spain, etc. many will undoubtedly still remain in-accessible to some disabled people. The DDA only applies to the UK, but other similar legislation which is not so forceful or precise as the DDA exists in all EU countries, so you must be guided by local legislation, and then complain forcibly if the voting station is not accessible. The European Union itself as it’s own legislation, so please find out who your local MEP or MEPs’ are, and take up your complaint directly with her/him or even vote for him/her. Log onto www.europarl.org.uk and then insert into the search box your area, and up will come all the current MEPs standing for election/re-election.
These issue’s continue to be raised after every UK election, be it District, Local Authority, County Council, Member of Parliament or MEP, and it has gone on to long to be continually ignored. It should have been addressed by those responsible for setting up the voting stations which are normally local and county authorities many years ago. The DDA came into being in 1995. How long do authorities require to get it right?
Full access to the voting station not being available, voters being required to vote outside the voting station, voting booths being to high to write upon, voting slips not being available in brail or large lettering are all contrary to the Disability Discrimination Act 1995 [DDA] and has to stop NOW. These are just some of the problems continually to be faced by UK voters. If you experienced any breaches of the DDA the last time you voted, then inform your local authorities about it as soon as possible, as you will no doubt encounter it again if your vote in the next EU election at the same voting station or when the next General Election in the UK is held which could be in May 2010.
Inform the local Chief Polling Officer at your voting station of your complaint at the time of your vote and obtain her/his name. Then write to the authority who set up the voting station and lodge your complaint. All the examples we have shown above, are breaches of the existing DDA law. It is the duty of local authorities to provide accessible premises for all. It is also their duty to provide equipment and documentation that takes in the needs of all disabled people - nothing else will do. So please report any breaches of the DDA law, for your and other disabled peoples rights, after all ,they have had fourteen years to get in right!!!!
At sometime during 2010, there will be a General Election in the UK , when once again voting station’s will be used by disabled people and others, so please ensure that your voting station will be fully accessible, documentation is available in large print and/or brail, etc. for all disabled people who require same. The ball is in your court to ensure your rights in law are observed by the authorities. It is appreciated that in rural areas, village halls, scout huts, schools, etc. are used to accommodate voters. Nevertheless, they all must, and without exception, comply with the DDA, if they cannot, then they must not be used.
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AGE DISCRIMINATION
#16 People must not be discriminated against on grounds of age when buying services such as travel insurance after the Equalities Bill becomes law hopefully this year. The plans have been backed by charities for the elderly and will undoubtedly affect the financial services industry into doing something about it. Have you experienced age discrimination when attempting to buy a financial product or service? Have you been refused because of your age? The most common example of ‘age discrimination’ is holiday travel insurance, where demands for outrages sums are demanded to cover both travel and medical insurance, particularly the latter.
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TENANTS IN DEBT
#17 UK housing tenants are in debt more than at any time since the late 1980s, a landlords group has said. Hundreds of thousands are falling behind with rental payments, largely due to rising unemployment, according to the National Landlords Association. The situation Is "pretty dire" with at least a third of members owed money, the association added. In the past year, the association has taken more than 20,000 calls from landlords worried about rent arrears.
Apart from rising unemployment, another issue for landlords is that housing benefit [HB] is now paid directly to tenants, whilst many landlords used to receive the payments themselves. There can also be a delay of up to two months before newly applied applicants for HB are paid out. The elderly and seriously disabled, unemployed on certain benefits, etc. in receipt of housing benefit [HB] must not use this money to pay any other accounts or bills. Failure to pay the rent, will, and can liable tenants to eviction after due notification and process as well as having their HB stopped by the local authority. It is advisably to open a separate ‘rent account’ if you have a bank account so that the ‘income’ from the local authority can be matched with the ‘out-goings’ to the landlord thus a record is kept of the transactions.
Adam Sampson, of the housing charity Shelter, said the government should now offer support to tenants in the same way it has given help to debt-laden homeowners. "The government needs to look to see how the payment of housing benefit can be speeded up. Otherwise more tenants are likely to become homeless.
COMMENT: If you find yourself in difficulties rent wise, then contact your local Citizens Advice Bureau [CAB] office, the landlord, housing association or local authority renting the property to you, and inform them of the problem, do not ignore it or fail to reply to letters or notices to quit, otherwise Bailiffs could eventually attend your home and evict you.
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NEW GUIDELINES TO PROTECT TENANTS
#18 New guidelines have been brought in to help protect those who rent a home from being exploited by landlords. The Association of Residential Letting Agents [ARIA] has introduced a licensing scheme for its UK members and a code of practice for landlords. ARIA said it hoped its move would stop the rentals market being seen as "the black sheep of the property market". Meanwhile, the Times newspaper says ministers are planning a registration scheme for all private landlords in England and Wales. ARIA’S licensing move has been welcomed by housing charity Shelter and a similar scheme for estate agents is in the offing.
The newspaper reports that anyone letting a residential property would have to pay £50 to register with a national body under plans aimed at cracking down on unscrupulous landlords. It says the reforms will be outlined in a Green Paper within 10 days. Private landlords in Scotland are already required to register. Members of its landlords' scheme will have to hold a professional qualification relating to lettings, take part in ongoing professional development and have professional indemnity insurance. They must also sign up to an independent redress scheme, have plans in place to protect any money they are holding for clients and have an annual independent audit carried out on clients' funds. "For too long the rental sector has been seen as the black sheep of the property market, with a lack of regulation and a requirement for redress to protect the consumer when the agent's failings are to the financial detriment of that consumer," said Ruth Lilley, head of membership and professional development at ARIA.
ARIA has 3,500 member offices across the UK from large multi-branch companies to smaller, single office practices, and The National Association of Estate Agents plans to introduce its own licensing scheme later this year. Many are saying that the government should act to introduce statutory licensing for all letting agents. We will watch this matter develop and report later in the year.
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DISABLED PAY MORE FOR JOURNEYS
#19 Many buses are inaccessible for disabled travellers resulting in them often having to pay more for accessible public transport than able-bodied passengers and suffer a worse service, according to a new report. More than 100 mystery commuters recorded their experiences as part of a three-month undercover investigation organised by the Muscular Dystrophy Campaign. They were unable to get on to buses on a third of all journeys and found half of trains lacked basic disabled facilities.
A separate Department for Transport [DfT] survey from 2006/07 found 42% of buses do not have low-floor wheelchair access and some travellers whose experiences feature in the new report said they could wait several hours for a bus with a working ramp to come along. The report, called ‘End of the Line‘, states disabled travellers often pay more for transport. A Disabled Adult's Railcard allows a passenger to travel from London to Manchester for £35.65. The same journey on a coach, which are often not accessible to disabled passengers, costs £13.20.
The DfT survey is now at least two years old. Many changes have occurred since then, with increased number of fully adapted buses, coaches and railway carriages all fully complying with the regulations so that disabled people are able to use their choice of conveyance.
A spokesman for the Equality and Human Rights Commission said: "Although the Disability Discrimination Act started to come into force in December 2005, many disabled people still not do experience equal access to transport, leisure facilities and education."
You all should be aware by now of what the European Commission has recently introduced insofar as ‘travel’ in the air, on the road and on the railways is concerned. It should be remembered however, that although many of the comments about the lack of ramps, access to public transport, etc. are true, the transport industry as a whole has been given various dates to ’update’ all their various forms of conveyance to confirm to the disability regulations. New buses and rail carriages are being produced now, and the older ones will continue to be used until they are taken out of service. In fairness, many railway carriages, buses and at least modern London style taxis already fully conform to the regulations, and are in use now. Any new buses, coaches, rail carriages will fully conform to all the regulations, so over time those ‘vehicles’ that do not conform will slowly become less and less.
We would suggest that all passenger carrying aircraft operating within the European Union fully conform to both EU and UK regulations, as do the allied services at airports in respect of mobility needs, access and conveyance, although recently at larger UK airports some of these services have been subjected to complaint and criticism.
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I.D. BOMB SHELL INVOLVING POST OFFICES AND PHARMACIES’
#20 Post offices and pharmacies could act as enrolment centres for the Government's I.D. card scheme. Home Secretary Jacqui Smith has said anyone who wants an identity card or biometric passport will go to their local post office or pharmacy to have their fingerprints read and stored along with a face scan. The card will cost £30 and the shops will charge another £30 to collect the data, which will be stored on a Government database.
Greater Manchester has been chosen as the launch area for the £5 billion scheme with thousands of cards likely to be printed from this autumn onwards, and applicants will then be in possession of the 1st I.D. cards issued since the second world war. Anyone who wants a card can sign up for information alerts - not I.D. cards at www.direct.gov.uk. Once logged onto the website, type in ‘identity card’ into the search box and up will come a host of information on I.D. cards.
Full application for a I.D. card is currently not permitted until 2012 unless you are an immigrant student or an immigrant who is married a UK citizen or a UK citizen who has applied for a new UK passport. These people already carry I.D. cards and have done so since 2008. During the pilot scheme, Manchester residents who want an ID card will be able to apply for it online, and then attend the city's passport office for fingerprinting, photograph and possibly an interview.
With an identity card, people will be able to prove their identity quickly and conveniently while helping to protect themselves against identity fraud. I.D. cards should deliver real benefits to everyone, including increased protection against criminals, illegal immigrants and terrorists.
The idea that an I.D. card may be used to help people positively identify themselves in cases of credit card fraud and personal identity fraud and/or cloning would be a vast improvement on the expensive rigmarole that has to be gone through now to regain one’s own identity, no matter how much you might dislike the idea of an identification card with your finger print on it, think what advantage it could have if you are subject to credit card fraud or I.D. cloning In respect of identification as we have shown.
However, there is at least two important NO NO‘s, to the scheme, and that is all the holders information will be held on one card and if lost - well do we have to say any more?
High Street retailers have rejected security fears about giving them the job of fingerprinting and photographing people applying for identity cards. The Home Office has axed plans to set up ID card enrolment centres and instead is asking pharmacies, post offices and photographic shops to do the work.
The government have issued a so-called I.D. TIMETABLE
- 2009: Workers at Manchester and London City airport
- Autumn 2009: Manchester pilot’s will require an ID card to board aircraft
- 2010: Students opening bank accounts offered ID cards
- 2011/12: All UK passport applicants
- 2015: 90% foreign nationals covered
- 2017: Full roll-out?
COMMENT: It would appear to us at LBR that this effort to establish I.D. Cards is being collated on the ‘cheap’ and can be much liken to the RAC and AA issuing International Driving Licences. Whilst pharmacies can be presumably to be trusted with confidential information due to their dealing with ‘patients’ to prescribe pharmaceuticals, and post offices should equally show such confidentiality. We are talking about peoples almost 100% identity here. Should not such ’confidentially’ be trusted to the government? - perhaps not - as they have either lost, had stolen or allegedly mislaid so many data basis containing personal information in the last year, that one must wonder if anybody can store and transfer any ‘personal data information’ successfully or safely.
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COMPUTERS TO HELP FIGHT SUPER-BUGS
#21 Well it had to happen didn’t’ it following the apparent failures of ‘humans’ to eliminate or get anywhere eliminating MRSA and C-diff super-bugs. Powerful software which mimics the evolution of super-bugs could help scientists tackle them more effectively, researchers hope. Edinburgh University scientists have been working with computer models which could help develop more effective antibiotic treatments. They want to find out how super-bugs become more resistant to antibiotics.
The emergence of super-bugs resistant to antibiotics is a growing threat to healthcare, and integrating our existing knowledge about bacteria is challenging.
Using computing power to model the complex pathways by which bacteria develop resistance to antibiotics could help find a fresh way to predict how super-bugs evolve - and so help to fight them.
Super-bugs such as MRSA are forms of bacteria resistant to more than one antibiotic and can infect areas such as open surgical wounds. The spread of infection can be prevented by reducing prescription of antibiotics to patients and improving hygienic practices such as hand-washing and ward cleanliness.
It is amazing that as medical knowledge has developed into the wonderful thing it is today, disease and super-bugs have equally developed step by step with that knowledge, WHY? During the Crimea war, Florence Nightingale took over filthy and appalling conditions in the so-called ‘hospitals’ she and her female staff were assigned to, and yet within weeks they cleaned the premises with nothing more than soap and water and never ever had what we in our hospitals have to today by way of so-called ‘super-bugs’. There were no antibiotic’s in those days to protect the soldiers, just good old soap and water which worked. We are continually being informed by the government to wash our hands, which after all is basically following what Nightingale and her staff did, and yet she suffered no super-bugs. So if it worked then, why is it not working now? The problem that she faced was that soldiers were not being taken to the hospital quick enough from the front lines to be treated which resulted in the horrendous casualties that history informs us of.
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BRITAIN WILL HAVE TO WORK UNTIL 70 YEARS OLD
#22 To raise the state pension age, from 60 for women and 65 for men, to 70 for all between 2013 and 2023 may help the future. The scale of the debt that Gordon Brown takes on to fight the economic crisis means that future governments will have to consider drastic measures to ease it, according to the National Institute for Economic and Social Research (NIESR). The ‘think tank’ said it would be all but impossible for the Government to return Britain's total public debt to 40 per cent of gross domestic product, currently equivalent to £600 billion, until 2023. Under existing plans, the state pension age is due to increase to 68 for both men and women between 2024 and 2046. The rise will generate additional tax revenues and reduce pension payment obligations.
A second option is to raise the basic rate of income tax by 15p in the pound. Taxes would have to rise by as much as 8p in the pound even if the retirement age was increased. A further option is to cut government spending by a tenth, which would hit the NHS, police, education and other front-line services. One of these drastic measures would have to be taken to bring the burden of public debt back to internationally-acceptable levels. Last month, the Institute for Fiscal Studies calculated that it could take until 2032 for the country to pay debts incurred in the current crisis. The NIESR study is the first time a major institution has outlined how the debt could be repaid with the Government planning to borrow £175 billion this year, the largest sum as a proportion of economic output since the Second World War.
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MINISTER CRITICISES NURSE VERDICT
[UPDATE]
#22 Health Minister Ben Bradshaw has condemned the decision to strike off a nurse who secretly filmed care for the elderly at a Sussex hospital. Margaret Haywood, 58, filmed at the Royal Sussex Hospital in Brighton for a BBC Panorama programme in July 2005. The Nursing and Midwifery Council struck her off for failing to follow her "obligations as a nurse". Mr Bradshaw said he agreed with the Royal College of Nursing (RCN) that the decision was "unduly harsh".
We at LBR reported this matter last month when Panorama TV footage from Ms Haywood's filming showed examples of neglect including an elderly patient sitting in clothes he had soiled the night before. More than 14,000 people signed a petition set up by the Royal College of Nursing in support of her after she was struck off, within a week of the programme being broadcast. The former nurse, from Liverpool, is now to appeal against the decision and we all at LBR wish her well in her justified appeal.
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THE END IS NEIGH FOR MIXED SEX
#23 At long last, the government is to spend £100m to end mixed sex wards in NHS hospitals. The work has already began so that men and women patients may be kept apart in NHS hospitals. New bathrooms and petition walls are being built to provide male and female patients with separate toilets and sleeping areas on wards.
From next year - 2010 - the Government will stop paying hospitals for the care of patients in mixed-sex wards unless it can be clinically justified. Health Secretary Alan Johnson said: "We are committed to providing high quality care that is safe, effective and puts patients' privacy and dignity at its core" The Royal College of Nursing chief, Dr Peter Carter, said: "Eliminating mixed sex accommodation would be a hugely significant step towards dignified patient care for all."
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RAILCARDS INCREASE
#24 The cost of the railway network rail card increased by 25% on May 17 2009, increasing from £20 to £25. Elderly peoples railcards have increased by £2 per annum.
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MOBILITY CONSUMER GUIDE
#25 A new consumer guide to mobility scooters has been produced by Mobility Aids. The guide provides expert and independent information on over 150 scooter models which are availably in the UK.
To obtain your free copy, either call 0800 083 0870 of freepost at Mobility Aids Information Service, [MSO18] Freepost, LON15651, London, SE 1BS or www.mobinfo.co.uk
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CARE MAY BE COMPRISED
#26 The recent end of the ban on patients paying for extra drugs to top up NHS care could compromise care, warn MPs. Ministers lifted the ban in England last November, but insisted extra treatment must be administered separately from NHS care. The Common's Health Committee said it was the only realistic way forward, but warned such a separation would be difficult to achieve in practice. The MPs also warned it could disrupt seriously ill patients' care.
The ban on top up fees was lifted following a review by the government's cancer committee. Previously, patients were supposed to be barred from NHS care if they chose to pay for private treatment - but the rules were not applied uniformly across England. In its report, the committee stressed that the lifting of the ban must not be allowed to result in a two-tier system, where two patients with the same condition on the same ward received different treatments, but equally they said moving a patient from an NHS ward to a different location for private treatment could potentially compromise their care.
The MPs also criticised new rules from the National Institute for Health and Clinical Excellence (NICE) making it more likely that drugs which can extend life for people with rare diseases will get NHS approval. They said the new rules meant that more would be spent on treatments which offered a limited benefit, at the expense of treatments which gave greater benefits to more patients. The committee calls for the Department of Health to monitor the new rules closely, and fund research to assess their effectiveness. This is a difficult area but our primary concern must be making sure that all NHS patients get access to the best drugs available. Patients and the public can be confident that there will be greater clarity, greater fairness and, most importantly, greater access to a wider range of drugs.
Under the new rules, patients pay not only for the drug, but any cost over and above what would have been provided for on the NHS, including any scans or tests associated with the treatment, staff costs of administering the drug, follow-up care, accommodation and the cost of any NHS equipment used for private purposes.
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ENGLISH RESIDENTS IN NURSING HOMES MUST BE ASSESSED
#27 A recent ruling in the European Court of Human Rights, will mean that somewhere in the region of 50,000 people in English nursing homes and hospitals must all be assessed to see if they have the ‘qualifying requirements’ to keep them there.
The new Deprivation of Privacy Rules which forms part of the Mental Capacity Act, are being implicated following a ruling that if is unlawful to deprive a hospital or care home patient of their liberty, unless authorised by a legal order from the courts.
To date, guidance as to how the orders should be applied has not been fully applied, assessed or available, so local authorities will have to send health professionals and social workers to each and every home or hospital which contains such residents to carry out assessments to establish their mental capacity as to suitability of them being deprived of their freedom.
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PENSION NOT ENOUGH
#28 A recent survey revealed that people may live ‘comfortably’ in the UK on the sum of £832 per month, not including a mortgage or rent. As of April 5 2009, the state pension will be only £365 per month, which can be increased with Pension Credit to £496 per month, so what does this amount provide as a ’liveable standard’? Answers on a post code to The Rt. Hon Gordon Brown.
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ADVICE BUREAU [CAB] THEFT COUPLE JAILED
A couple have each been jailed for six years after being found guilty of stealing around £575,000 from a Citizens' Advice Bureau office. Dale and Sally Foster, from Swansea, were accused of stealing from the branch in Ammanford, Carmarthenshire. The pair were convicted of nine charges of theft and Mrs Foster was found guilty of six of false accounting. Judge Gerald Price QC said: "The brazen nature of your offending is startling, devious and dishonest in the extreme." The Citizens' Advice Bureau after the verdicts called it "despicable betrayal of trust".
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HOSPITALS GIVEN PANDEMIC FLU PLAN
UK NHS Hospital staff have been given detailed advice on how they should care for other patients during a flu pandemic. The Royal College of Physicians, which represents over 20,000 doctors, brought forward its publication from June. It warns hospitals are only likely to be able to meet around 25% of all demand at the height of a flu pandemic. The RCP said the guidance was aimed to help hospital staff coordinate care for patients with conditions including "during a difficult period." “ It remains the priority of NHS staff to sustain normal services for as long as possible ”
Dr Mike Cheshire, RCP
The college, which is publishing the guidance for acute hospital, primary care trusts and hospital consultants, suggested a system be introduced for prioritising non-flu patients. Yellow cards would be given to patients at high risk, while blue cards would be given to those whose appointments could wait until after the outbreak but who might need phone or email advice while it continues. The plan would come into force once a full pandemic - a level six alert - was declared by the World Health Organization. The WHO is currently at level five.
Major disruption to the health service is likely to last about four months, but a second wave of disease may occur three to nine months after the first wave has subsided. Routine matters, outpatient services, clinics, and clinic procedures would be cancelled during such a period as a ‘pandemic‘. The RCP says that, at the earliest stages of a pandemic, some routine and outpatient services should be postponed. There is also fear that there will not be enough staff available to deal with such a situation due to sickness, sufferers of the swine flu, care of children and sick family members, and the same document warns, that unlike in the 1968 pandemic, hospitals do not routinely have spare beds and are already working close to capacity. Lets all hope such a ‘pandemic’ never occurs as the elderly, vulnerable and/or the disabled.
SEE YOU ALL NEXT MONTH