Councils That Fail To Protect Disabled People Could Face Legal Action

Local authorities that fail to protect the rights of disabled people could face legal action, the Equality and Human Rights Commission said today, announcing an inquiry into disability-related harassment in England and Wales.

The investigation comes in the wake of the recent inquest into the death of Fiona Pilkington, who killed herself and her learning disabled daughter Francecca Hardwick by setting light to their car.

In September, a coroner criticised Hinckley and Bosworth borough council for failing to help the 38-year-old mother. Pilkington and her daughter had been abused by a gang of youths on their street in Barwell for more than a decade.

The EHRC said it had already gathered evidence that targeted violence of hostility towards disabled people, in particular those with learning disabilities or mental health conditions, was “widespread”. The aim of the inquiry is to investigate the true extent of disability-related harassment. Local authorities could then face action to force them to fulfil their legal obligations, the EHRC said.

“There have been many well-documented cases where targeted hostility, bullying and antisocial behaviour has escalated into more serious violence, murder or the death of disabled people,” said EHRC commissioner Mike Smith.

“The recent inquest into the tragic deaths of Fiona Pilkington and her daughter Francecca show that early intervention and preventative action are essential, and that public authorities have to work in partnership to tackle this problem effectively.”

A report on the safety and security of disabled people published by the EHRC earlier this year found that disabled people were four times more likely to be the victim of a crime than other people and twice as likely to be the victim of a violent attack.

The inquiry will look at the steps taken by public authorities to eliminate disability-related harassment and to address its causes, including prejudice and negative attitudes. It will also examine how they have ensured the involvement of disabled people in eliminating harassment and its causes.

Smith said some disabled people “become conditioned to hostile treatment, or are sometimes told to ignore it by those around them – including by public authorities. They may also go to enormous lengths to avoid putting themselves at risk which can limit their freedom and opportunities. These are unacceptable outcomes for anyone in our society”.

Ruth Scott, director of policy and campaigns at disability charity Scope, welcomed the inquiry. She said it should focus on increasing the confidence of disabled people to report harassment and training of public authority staff.

“We would also like to see the inquiry investigate how public authorities can take proactive steps to identify and confront particular types of harassment, either in specific geographical hotspots or against particular groups of disabled people, so that good practice and effective interventions can be shared,” said Scott.

The inquiry, announced on the United Nations International Day of Persons with Disabilities, will begin in early 2010 with the findings reported within a year.

The EHRC will consider how public authorities have complied with their obligations in relation to the Disability Equality Duty set out in the Disability Discrimination Act 1995, the Human Rights Act, and the UN Convention on the Rights of Persons with Disabilities. It has already produced guidance to help public authorities understand what its duties and responsibilities are and how the duties should be implemented.